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2012-07-20 STATE OF NEW YORK DEPARTMENT OF STATE ANDREW M. CUOMO GOVERNOR July 20,2012 [R1 ~ceT~ rr~r~ [Q) Town of Wappinger 21 Middlebush Rd Wappingers Falls, NY 12591 JUL \2 3 2012 TOWN OF WAPPINGER TOWN CLERK Re: Significant Coastal Fish and Wildlife Habitats on the South Shore of Long Island in along the Hudson River Dear Sir or Madam: New York State's Coastal Management Program is guided by policies regarding coastal uses and resources. Policy 7 of the State's Coastal Management Program and the Waterfront Revitalization and Coastal Resources Act (Article 42 of the NYS Executive Law) calls for the designation of coastal fish and wildlife habitats which are significant due to ecosystem rarity, vulnerable species, human use, population levels, or rep1aceability. This habitat policy calls for areas so designated to be protected, preserved, and where practical, restored so as to maintain their viability as habitats. The Significant Coastal Fish and Wildlife Habitats, originally designated on November 15, 1987, have been revised to include current information and data. The Department of State has updated the written content of the 35 previously designated Significant Coastal Fish and Wildlife Habitats narratives, combined 4 of the originally designated habitats into 2 habitats, modified 13 of the habitat boundaries, and designated 7 new habitats for a total of 40 habitats. Public informational meetings, an eight week public comment period, and a public hearing on the proposed habitat modifications and designations were held by DOS. Pursuant to 19 NYCRR 602.2(g) and 19 NYCRR 602.4 (d) the Secretary of State is required to file copies of the amended coastal area map and habitat documentation maps with municipal clerks and state and federal agencies when the coastal area boundary is amended and the Significant Coastal Fish and Wildlife Habitat (SCFWH) information is updated. Copies of the SCFWH areas within your municipality are enclosed. Please file the updated documents with the existing documentation on file in your municipality/office. Pursuant to 15 CFR 923.84(b), the New York State Department of State (DOS) will submit a routine program change to the NYS Coastal Management Program to the federal Office of Ocean and Coastal Resource Management (OCRM). The DOS considers the action of designation and modification of Significant Coastal Fish and Wildlife Habitats to be routine and has requested OCRM's concurrence in this determination. ONE COMMERCE PLAZA, 99 WASHINGTON AVENUE. ALBANY, NY 12231-000 I . (518) 474-0050 123 WILLIAM STREET. NEW YORK, NY 10038-3804 . (2 12) 417-5800 www.OOS.STATE.NY.US E-MAIL: INFO@OOS.STATE.NY.US Enclosed is a copy of the public notice regarding the submission of the routine program change to OCRM.. The purpose of this notice is to specifically solicit comments on whether or not modification and designation of these habitats constitutes a routine program change under the Coastal Zone Management Act of 1972, as amended. Any comments on whether or not the action constitutes a routine program implementation should be submitted within three weeks of the date of this Notice to Ms. Joelle Gore, Acting Chief, Office of Ocean and Coastal Resource Management, Coastal Programs Division, N/ORM3, SSMC4, 11th Floor, 1305 East-West Highway, Silver Spring, MD 20910. If there are any questions concerning this submission, please contact Fred Anders at (518) 474-6000. Sincerely, ~?{~ Cesar A. Perales Secretary of State ~~~~~~~\Q) . jUl"~ S'l.{}\,l. APPINGER iO'"foc;: CLERK Pursuant to 15 CFR 923.84(b), the New York State Department of State (DOS) . a routine program change to the federal Office of Ocean and Coastal Resource Management (OCRM). DOS considers the designation and modification of Significant Coastal Fish and Wildlife Habitats to be routine and will request OCRM's concurrence in this determination. This notice solicits comments on whether or not modification and designation of these habitats constitutes a routine program change under the Coastal Zone Management Act of 1972, as amended. PUBLIC NOTICE Department of State The NYS Coastal Management Program (CMP) and the Waterfront Revitalization and Coastal Resources Act (Article 42 of the NYS Executive Law) call for the designation of coastal fish and wildlife habitats which are significant due to ecosystem rarity, species vulnerability, human use, population levels, or replaceability. State coastal policy calls for the areas so designated to be protected, preserved, and where practical, restored so as to maintain their viability as habitats. Within the Hudson River Estuary, DOS is modifying the narratives of35 designated Significant Coastal Fish and Wildlife Habitats, combining 4 of the designated habitats to produce 2 larger habitats, modifying 13 ofthe habitat boundaries, and adding 7 new Qabitats. After a comprehensive review process, these habitat modifications were recommended to DOS by staff of the Department of Environmental Conservation. The change to the CMP covered by this request is the incorporation into the State's CMP of the following: Modified Significant Coastal Fish and Wildlife Habitats include: Normans Kill (Town of Bethlehem);Papscanee Creek and Marsh (Towns of East Greenbush, Schodack); Schodack and Houghtaling Islands and Schodack Creek(Towns of Schodack, Stuyvesant, New Baltimore); Mill Creek Wetlands(Town of Stuyvesant); Coxsackie Creek (Town of New Baltimore); Vosburgh Swamp and Middle Ground Flats (Towns of Cox sack ie, Athens); Catskill Creek (Town of Catskill); Germantown- Clermont Flats (Towns of Germantown, Clermont); Rondout Creek (Towns of Esopus, Kingston, Ulster); Esopus Meadows (Town of Esopus); Fishkill Creek (Towns of Fishkill, Beacon); Moodna Creek (Towns of Cornwall, New Windsor); lona Island Marsh (Town of Stony Point); Haverstraw Bay (Towns of Clarkstown, Haverstraw, Stoney Point); Hook Mountain (Town ofClarkstown); Piermont Marsh (Town of Orange town); Shad and Schermerhorn Islands (Towns of Bethlehem, Coeymans); Coxsackie Island Backwater (Towns of Coxsackie, New Baltimore); Stockport Creek and Flats (Towns of Stuyvesant, Stockport, Greenport); Roger's Island (Town of Green port); Ramshorn Marsh (Town of Catskill); Inbocht Bay and Duck Cove (Town of Catskill); Roeliff-Jansen Kill (Towns of Germantown, Livingston, Clermont); Esopus Estuary (Towns of Saugerties, Red Hook); North and South Tivoli Bays (Town of Red Hook); The Flats (Towns of Ulster, Kingston, Red Hook); Vanderburgh Cove and Shallows (Towns of Rhinebeck, Hyde Park); Constitution Marsh (Town of Philipstown); Hudson Highlands (previously referred to as "Hudson River Mile 40-60") (Towns of Fishkill, New Windsor, Cornwall); Croton River and Bay (Towns of Cortland, Ossining). Four previously designated Significant Coastal Fish and Wildlife Habitats have been combined into two including: Kingston-Poughkeepsie Deepwater (formally Kingston Deepwater, Poughkeepsie Deepwater in the towns of Rhinebeck, Hyde Park, Esopus, Poughkeepsie); Coeymans and Hannacroix Creeks Complex (formally Coeymans Creek, Hannacroix Creek) (Towns of Coeymans, New Baltimore). New proposed habitat designations include: Stuyvesant Marsh (Town of Stuyvesant); Brandow Point Marsh and Flats (Town of Athens); South Bay Creek and Marsh (Town of Hudson); Catskill Deepwater (Town of Catskill); Smith's Landing (Town of Catskill); Black Creek (Town of Esopus); Manitou Marsh (Town of Philipstown). Two public',jllfor~atfo~:.J 'ineetings were held by the DOS, with representatives from the DEC participating, o'n the proposed habitat modifications and designations on July 6, 2011 at the DEC's Region 3, New Paltz Office arid July 11,2011 at the Catskill Town Hall. A public hearing was held by the DOS, with representatives from DEe present, on July 27,2011 at the Norrie Point Environmental Center in the Hamlet of Staats burg in Dutchess County to obtain formal comments relevant to the accuracy of the information contained in proposed revisions to designated Significant Coastal Fish and Wildlife Habitats. A public comment period was open between June 15,2011 and August 15,2011. Copies of the maps and narratives which describe the location and values of the habitats are available at the Department of State Office, 99 Washington Avenue, Albany, NY. The most recent coastal area map can be found at http://www.dos.ny.gov/communitieswaterfronts/atlas/index.htmland will be updated upon concurrence from OCRM. This action is an Unlisted Action and a Negative DecIaration has been prepared pursuant to the SEQRA regulations at6 NYCRR Part 617. Any comments on whether or not the action constitutes a routine program change should be submitted within three weeks of the date of this Notice to Ms. Joelle Gore, Acting Chief, Office of Ocean and Coastal Resource Management, Coastal Programs Division, NIORM3, SSMC4, 11th Floor, l30S East- West Highway, Silver Spring, MD 20910. Contact: Fred Anders, Division of Coastal Resources, NYS DOS, 99 Washington Ave, Albany, NY 12231, (518) 474-6000. ~~~~ll~~lD) JUL'2 S 2m2 TOWN OF WAPPINGER TOWN CLERK In the matter of a Significant Coastal Fish and Wildlife Habitat area in the Towns of Poughkeepsie and Wappinger, Dutchess County, State of New York Wappinger Creek I, Cesar A. Perales, Secretary of State, based upon the recommendations of the New York State . Department of Environmental Conservation, consultation with other appropriate State and local agencies, and after reviewing the public hearing record, do hereby modify the November 15, 1987 designation of Wappinger Creek as a Significant Coastal Fish and Wildlife Habitat area pursuant to sections 912 and 913 of the Executive Law and Parts 600 and 602 of 19 NYCRR, by adopting as findings, the information contained in Attachment B, which documents that the Wappinger Creek is a major freshwater tributary ofthe lower Hudson River and habitat for several rare species. Further findings, reflecting the most current available data and information, include: 1. This area continues to satisfy the criteria of 19 NYCRR Section 602.5; and, 2. Continued designation of this area will lead to the achievement of the purposes of the significant habitat policy found at Executive Law S 912 (3) and 19 NY CRR Section 600.5 (b) (1). 3. The modification to the narrative is justified by changes to the characteristics of the area which were the basis for the original designation. Included are Attachment A, the existing boundary description, and Attachment B, the updated habitat narrative and map. Dated: July 19,2012 ~c(~ Secretary of State Attachment A: Wappinger Creek (Dutchess)- Wappinger Creek significant habitat is on the east side of the Hudson River, on the boundary between the City of Poughkeepsie and Town of Wappinger, Dutchess County (7.5' Quadrangle: Wappingers Falls, N.Y.). The fish and wildlife habitat is an approximate two mile segment of this freshwater tributary, extending from its mouth on the Hudson River (RM 67.0) where the creekis about 500 feet wide to the first dam (l00 feet wide), located in the Village of Wappingers Falls. A section of the eastern shoreline of the Hudson River from the marina in New Hamburg (RM 67.3) running south to RM 66.3 is also included, for total of 224 acres. , COASTAL FISH AND WILDLIFE RATING FORM Name of area: Wappinger Creek Designated: November 15, 1987 Revised: August. 15, 2012 County: Dutchess Town(s): Poughkeepsie, Wappinger 7.5' Quadrangles: Wappinger Falls, NY Assessment Criteria Score Ecosystem Rarity (ER) - the uniqueness of the plant and animal community in the area and the physical, structural. and chemical features supporting this community. ER Assessment - A major freshwater tributary of the lower Hudson River, containing a diversity of habitats. Geometric mean: "16 x "9= 12 12 Species Vulnerability (SV) - the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV Assessment - Bald eagle (T) and osprey (SC). Additive Division: 25 + 16/2 = 33 33 Human Use (HU) ..;.. the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human use, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU Assessment -- Recreational fishing attracts anglers from throughout Dutchess County. 4 Population Level (PL) - the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL Assessment -- Concentrations of coastal migratory and resident freshwater fish species in 6 the area are unusual in Dutchess County; a large run of alewives has historically used this tributary. The tidal portion of the creek is a significant wintering site for adult largemouth and smallmouth bass- in the Hudson River estuary. Geometric Mean: "9 x "4 =6 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. R Assessment - Irreplaceable 1.2 Habitat Index(ER+SV+HU+PL)= 55 Significance (HI x R)= 66 LOCATION AND DESCRIPTION OF HABITAT Wappinger Creek is located on the east side of the Hudson River, on the boundary between the Towns of Poughkeepsie and Wappinger, Dutchess County (7.5' Quadrangle: Wappingers Falls, N.Y.). The fish and wildlife habitat is an approximate two-mile segment of this freshwater tributary, extending from its mouth on the Hudson River to the first dam upstream, located in the Village ofWappingers Falls. Wappinger Creek is a relatively large, perennial, warmwater stream, with a drainage area of over 180 square miles, and an average annual discharge volume in excess of250 cubic feet per second. The first quarter mile of stream below the dam flows through a steep, rocky rapids, situated in a wooded ravine. Below this, the creek is within the tidal range of the Hudson River and contains mudflats, sandbars, emergent marsh, rocky shore communities, and submerged aquatic vegetation beds dominated by water celery (Vallisneria americana). At least part of this segment has been dredged or channelized in the past to accommodate navigation to commercial and industrial developments along the creek in Wappingers Falls. Despite this disturbance, much of the land bordering Wappinger Creek remains in a relatively natural condition, dominated by steep wooded slopes. Freshwater inflows from Wappinger Creek are important for maintaining water quality in Hudson River fish and wildlife habitats. - Several threatened and rare plant species are known to occur in the tidal portion of Wappinger Creek including Southern estuary beggar- ticks (Bidens bidentoides) (R) and spongy arrowhead (Sagittaria calycina var. spongiosa) (T). Habitat disturbance in the area is generally limited to the presence of road and railroad crossings, discharges of stormwater runoff, low density residential development, small-scale dredging operations and upstream water uses. Past disturbances include dredging and the invasion of water chestnut (Trapa natans), which is still abundant at mouth and along shorelines of Wappinger Creek. FISH AND WILDLIFE VALUES The considerable length of stream channel accessible to migratory fishes, the diversity of habitats, and the lack of significant human disturbance in upper portions of the creek provide favorable habitat conditions for many fish and wildlife species in the Wappinger Creek habitat. Wappinger Creek is an important spawning area for coastal migratory fishes, such as alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), American eel (Anguilla rostrata) Atlantic tomcod (Microgadus tomcod), and striped bass (Morone saxatilis). Generally, these species enter the stream between April and June; the adults leave the area shortly after spawning and within several weeks the eggs have hatched and larval fish begin moving downstream to nursery areas in the lower creek channel and the Hudson River. An exception is Atlantic tomcod that spawn in the area in December and January. A substantial warmwater fish community also occurs in Wappinger Creek throughout the year. Resident species include largemouth bass (Micropterus salmoides), bluegill (Lepomis macrochirus), pumpkinseed (Lepomis gibbosus), red-breasted1iunfish (Lepomis auritus), white sucker (Catostomus commersoni), and brown bullhead (Ameiurus nebulosus). The tidal portion of the creek is a wintering site for adult largemouth and small mouth bass. The submerged aquatic vegetation, mainly water celery (Vallisneria americana), provides food for fish, invertebrates and waterfowl as well as refuge for fish and invertebrates. The shorelines of this area provide habitat for water snake (Nerodia s sipedon), red-spotted newt (Notophthalmus v. viridescens), redback salamander (Plethodon cinereus), American toad (Bufo 2 americanas), gray treefrog (Hyla versicolor), spring peeper (Pseudoacris crucifer), bullfrog (Ran a catesbeiana), green frog (Rana clamitans) and wood frog (Rana sylavatica). Wappinger Creek provides productive feeding habitats for various wildlife species. Wading birds, shorebirds, songbirds, and many waterfowl are year long residents. Concentrations of osprey (Pandion haliaetus)(SC) have been observed at the mouth of Wappinger Creek during spring migration (mid-April through May). Mink and muskrat are found in the area at almost any time of year. Open water areas at the mouths of tributary streams are important feeding areas for osprey during migration. . The abundant fisheries resources of the Wappinger Creek provide significant opportunities for recreational fishing by Dutchess County residents especially for black bass. IMP ACT ASSESSMENT Any activity that would substantially degrade water quality, increase turbidity or sedimentation, alter flows, temperature or water depths in Wappinger Creek would result in significant impairment of the habitat. All species may be affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity or sediment loading, nonpoint source runoff, and waste disposal. Discharges or runoff of sewage effluent, pesticides, or other hazardous materials into the river could be detrimental to the habitat area. Eutrophication caused by runoff from fertilizers, septic tanks, roads, and lawns is of considerable concern; as such over-enrichment of waters may contribute to the establishment of invasive, non-native plants and concurrent displacement of the native flora. Substantial alteration of the stream channel, such as impoundment or creation of barriers to fish passage should be prohibited. Any physical alteration of the habitat, through dredging and filling, would result in a direct loss of valuable habitat area. Impediments to movement and migration of aquatic species, whether physical or chemical (e.g., dams, dikes, channelization, bulkheading and filling), would have significant impacts on fish populations in the creek as well as in the Hudson River and should be prohibited. Plans to reduce or eliminate the impacts of existing hydrological modifications should be developed, including improvements to fish passage, and/or the removal of obstructions or barriers. Habitat disturbances would be most detrimental during bird nesting, and fish spawning and nursery periods, which generally extend from April through August for most warm water species. Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not previously altered by human activity could result in the loss of productive areas which support the fish and wildlife resources of Wappinger Creek. Construction of structures in areas previously altered may result in a direct loss of valuable habitat. Elimination or disturbance of wetlands, littoral zones, or mudflats associated with Wappinger Creek, through the loss of tidal connection, excavation or filling would result in the direct disturbance of valuable habitat. Elimination or disturbance of existing areas of natural vegetation bordering Wappinger Creek (e.g., wetland and forested habitats) would adversely affect the habitat. Such areas should be protected, maintained, and where possible restored in order to provide bank cover, soil stabilization, perching sites, and buffer areas as well as maintain or improve water quality. The presence of invasive plant species and the expansion of its range may result in changes in native plant, vertebrate and invertebrate species composition and abundance. Effective control of invasive plant species, through a variety of means, may improve fish and wildlife species use of the area. The expansion of water chestnut(Trapa natans) and replacement of submerged aquatic vegetation may also result in 3 changes in fish and invertebrate species composition in the areas occupied by this invasive plant. Activities that may result in expansion of water chestnut should be avoided. Where opportunities exist, appropriate restoration of intertidal and subtidal shallow habitats should be undertaken using the best available science and proper monitoring protocols. Restoration and enhancement efforts should be monitored, and the associated habitat effects should be reported and evaluated. Unrestricted use of motorized vessels, including personal watercraft, in shallow waters can have adverse effects on the benthic community, and on fish and wildlife populations through resuspension of bottom sediments and through shoreline erosion which may reduce water clarity and increase sedimentation. Use of motorized vessels should be controlled (e.g., no wake zone, speed zones, zones of exclusion) in and adjacent to shallow waters and adjacent wetlands. Docks, piers, catwalks, or other structures may be detrimental to submerged aquatic vegetation beds through direct or indirect effects from shading, mooring chain and propeller scarring, and other associated human uses. In particular, the submerged aquatic vegetation beds are especially vulnerable to impacts that decrease light penetration into the water. Development of appropriate public access to the creek may be desirable to ensure that adequate opportunities for compatible human uses of the fish and wildlife resources are available. Land disturbances within the adjacent Reese Park may significantly affect the populations of many fish and wildlife that are enjoyed by visitors to the area. It is recommended that rare plant species occurring in the creek be protected from adverse effects of human activities. HABITAT IMPAIRMENT TEST A habitat impairment test must be met for any activity that is subject to consistency review under Federal and State laws, or under applicable local laws contained in an approved local waterfront revitalization program. If the proposed action is subject to consistency review, then the habitat protection policy applies, whether the proposed action is to occur within or outside the designated area. The specific habitat impairment test that must be met is as follows. In order to protect and preserve a significant habitat, land and water uses or development shall not be undertaken if such actions would: 1. destroy the habitat; or, 2. significantly impair the viability of a habitat. Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area or through the indirect effects of these actions on a designated area. Habitat destruction may be indicated by changes in vegetation, substrate, or hydrology, or increases in runoff, erosion, sedimentation, or pollutants. Significant impairment is defined as reduction in vital resources (e.g., food, shelter, living space) or change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of an organism. Indicators of a significantly impaired habitat focus on ecological alterations and may include but are not limited to reduced carrying capacity, changes in community structure (food chain relationships, species diversity), reduced productivity and/or increased incidence of disease and mortality. 4 The tolerance range of an organism is not defined as the physiological range of conditions beyond which a species will not survive at all, but as the ecological range of conditions that supports the species population or has the potential to support a restored population, where practical. Either the loss of individuals through an increase in emigration or an increase in death rate indicates that the tolerance range of an organism has been exceeded. An abrupt increase in death rate may occur as an environmental factor falls beyond a tolerance limit (a range has both upper and lower limits). Many environmental factors, however, do not have a sharply defined tolerance limit, but produce increasing emigration or death rates with increasing departure from conditions that are optimal for the species. The range of parameters which should be considered in applying the habitat impairment test includes but is not limited to the following: 1. physical parameters such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates; 2. biological parameters such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory patterns; and, 3. chemical parameters such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous materials). KNOWLEDGABLE CONTACTS. Natural Resources Bureau NYS Department of State 99 Washington Ave, Suite 1010 Albany, NY 12231 Phone: (518) 474.6000 Hudson River National Estuarine Research Reserve Norrie Point Environmental Center PO Box 315 Staatsburg, NY 12580. Phone: (845) 889A745 Hudson River Fisheries Unit NYS Department of Environmental Conservation 21 South Putt Corners Road New Paltz, NY 12561 Phone: (845) 256.3071 The Hudson River Estuary Program NYSDEC Region 3 21 S Putt Corners Rd New Paltz, NY 12561 Phone: (845) 256.3016 New York Natural Heritage Program 625 Broadway, 5th Floor Albany, NY 12233-4757 Phone: (518) 402.8935 5 I / I / ", " 60 "/ ,/ " " City 'of,New York Delllware ~ $uppl " , Significant Coastal Fish and Wildlife Habitats D Wappinger Creek Kingston-Poughkeepsie Dewwater (In Part) 2000f~et I ~~([;~UW~[g JUL"j 3 2012 TOWN OF WAPPINGER TOWN CLERK In the Matter of a Significant Coastal Fish and Wildlife Habitat area in the Towns of Rhinebeck, Hyde Park, Poughkeep~ie, Wappinger, Kingston, Esopus, Lloyd, Marlborough, and Newburgh, Ulster, Dutchess, and Orange Counties, State of New York Kingston-Poughkeepsie Deepwater I, Cesar A. Perales, Secretary of State, based upon the recommendations of the New York State Department of Environmental Conservation, consultation with other appropriate State and local agencies, and after reviewing the public hearing record, do hereby designate Kingston-Poughkeepsie Deepwater as a Significant Coastal Fish and Wildlife Habitat area pursuant to sections 912 and 913 of the Executive Law and Parts 600 and 602 of 19 NYCRR, by adopting as findings, the information contained in Attachment B hereof, which documents that Kingston-Poughkeepsie Deepwater represents an extensive area of deep, freshwater, estuarine habitat, rare in New York. This designation is now modified by combining the previously designated Kingston Deepwater and Poughkeepsie Deepwater Significant Coastal Fish and Wildlife Habitats. Further findings, reflecting the most current available data and information, include: I. Kingston-Poughkeepsie Deepwater is an important shortnose sturgeon (E) wintering area and is also used by Atlantic sturgeon. The striped bass production in this area supports commercial and recreational fisheries of statewide significance. 2. This area satisfies the criteria of 19 NYCRR Section 602.5; and, 3. Designation of this area will lead to the achievement of the purposes of the significant habitat policy found at Executive Law 9912 (3) and 19 NYCRR Section 600.5 (b) (1). 4. The modification is jJstified by changes to the characteristics of the area which were the basis for the original designation. 5. The boundary amendment furthers the policies and purposes of Executive Law 9 912 (3). In addition, and based upon the above findings, the existing boundary of this habitat is extended as described in Attachment A. Attachment B is the updated habitat narrative and amended map. Dated: July 19,2012 ~ t;f tJU/ Secretary of State Attachment A: Kingston- Poughkeepsie Deepwater (Ulster; Dutchess; Orange) - The previously designated habitats, Kingston Deepwater and Poughkeepsie Deepwater are combined to form the Kingston-Poughkeepsie Deepwater Habitat. The Kingston-Poughkeepsie Deepwater is 6,345 acres that encompasses a 25 mile stretch of the Hudson River from Kingston Point (RM 91), in the City of Kingston in Ulster County and the Village of Rhinecliff in Dutchess County, to just over one mile south of Wappinger Creek (RM 67.1) in the Town of Wappinger in Dutchess County. The area is located in the Towns of Rhinebeck, Hyde Park, Wappinger, and City of Poughkeepsie in Dutchess County, the Towns of Esopus, Lloyd, and Marlborough and the City of Kingston in Ulster County, and the City of Newburg in Orange County (7.5' Quadrangle: Kingston East, N.Y., Hyde Park, N.Y., Poughkeepsie, N.Y., and Wappingers Falls, N.Y.). The significant habitat area is a nearly continuous deepwater section of the river ranging in depth from 20 feet along the edges to a small area near Crum Elbow that exceeds 125 feet. The existing boundary is to include approximately 2,100 acres of deepwater habitat. This section of the river provides an extensive area of deep, freshwater, estuarine habitat that is rare in New York State and supports a diversity of freshwater and migratory species in the Hudson River. Kingston-Poughkeepsie Deepwater is important wintering habitat for shortnose sturgeon (Acipenser brevirostrum) (E). The area contributes directly to the production of in-river and ocean populations of food, game, and forage fish species. Commercial and recreational fisheries throughout the North Atlantic consequently benefit from these biological inputsafrom the Hudson River estuary. COASTAL FISH AND WILDLIFE RATING FORM Name of area: Kingston- Poughkeepsie Deepwater Designated: August 15,2012 County: Ulster; Dutchess; Orange Town(s): Rhinebeck, Hyde Park, Poughkeepsie, Wappinger, Kingston, Esopus, Lloyd, Marlborough, Newburgh 7.5' Quadrangles: Kingston East, NY; Hyde Park, NY; Poughkeepsie, NY; Wappingers Falls, NY Assessment Criteria Score Ecosystem Rarity (ER) - the uniqueness of the plant and animal community in the area and the physical, structural and chemical features supporting this community. ER Assessment - An extensive area of deep, freshwater, estuarine habitat; rare in New York 40 State; but somewhat common in the Hudson River. Geometric mean .,J64 x .,J25=40 Species Vulnerability (SV) - the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV Assessment - Shortnose sturgeon (E) wintering area and a habitat also used by Atlantic 54 sturgeon (E). Additive division: 36 + 36/2 = 54 Human Use (HU) - the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human use, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU Assessment - Striped bass production in this area supports commercial and recreational 16 fisheries in the State of New York. . Population Level (PL) - the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL Assessment -- Concentrations of sturgeon and other estuarine species are unusual in New 16 York State. 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. R Assessment - Irreplaceable 1.2 Habitat Index (ER+SV+HU+PL)= 126 Significance (HI x R)= 151.2 1 LOCATION AND DESCRIPTION OF HABITAT Kingston-Poughkeepsie Deepwater Habitat is an approximately 6,350 acre habitat that encompasses a 25 mile stretch of the Hudson River extending approximately from Kingston Point in the City of Kingston in Ulster County and the Village of Rhinecliff in Dutchess County to just south of Wappinger Creek in the Town of Wappinger in Dutchess County. The area is located in the Towns of Rhinebeck, Hyde Park, Poughkeepsie and Wappinger in Dutchess County, the Towns of Esopus, Lloyd, and Marlborough and the City of Kingston in Ulster County, and the Town of New burgh in Orange County (7.5' Quadrangle: Kingston East, N.Y., Hyde Park, N.Y., Poughkeepsie, N.Y., and Wappingers Falls, N.Y.). The significant habitat area is a nearly continuous deepwater section of the river ranging in water depth from 20 feet to 50 feet or greater, including a small area near Crum Elbow that exceeds 125 feet in depth. FISH AND WILDLIFE VALVES The Kingston-Poughkeepsie Deepwater Habitat is an extensive section of deepwater habitat in the Hudson River. Deepwater areas provide wintering habitat for shortnose sturgeon (Acipenser brevirostrum) (E) and Atlantic sturgeon (Acipenser oxyrhynchus) (E) , and support a diversity of freshwater and migratory species in the Hudson River. Fish species found in this section ofriver include fourspine stickleback (Apeltes quadracus), hogchoker (Trinectes maculatus), killifish (Fundulus diaphanous), threespine stickleback (Gasterosteus aculeatus), white perch (Morone americana), bluegill (Lepomis macrochirus), brown bullhead (Ameiurus nebulosus), common carp (Cyprinus carpio), golden shiner (Notemigonus crysoleucas), largemolith bass (Micropterus salmoides), pumpkinseed (Lepomis gibbosus), smallmouth bass (Micropterus dolomieui), spottail shiner (Notropis hudsonius), white catfish (Ameiurus catus), yellow perch (Percaflavescens), alewife (Alosa pseudoharengus) , American eel (Anguilla rostrata), American shad (Alosa sapidissima), blueback herring (Alosa aestivalis), and striped bass (Morone saxatilis). The Kingston-Poughkeepsie Deepwater Habitat is one of the largest and most well known spawning areas for Atlantic sturgeon (E) and overwintering areas for shortnose sturgeon (E) in the Hudson River. Although habitat requirements of both sturgeon species are still being studied, it is believed that these deepwater areas may be critical year round. Yolk-sac larvae, suspected to be Atlantic sturgeon (E), have been collected from this region at depths of 45 feet to 120 feet. Mature Atlantic sturgeon have been routinely captured in deep water on both sides of the river near the middle and near the southern end of the habitat area. Spawning also occurs in deep water along the southern east shore ofthe river. Shortnose sturgeon (E) use the portion of the river that generally is greater than 30 feet in depth. The m~ority of both Atlantic sturgeon (E) and shortnose sturgeon (E) taken for age-growth analysis during the biological survey in the 1930s came from within this habitat near Rhinecliff and Port Ewen. The Kingston- Poughkeepsie Deepwater Habitat also encompasses the reach of highest mean striped bass egg density from 1974-2006. Striped bass spawning over deepwater has been observed in this reach of the river. The Kingston-Poughkeepsie Deepwater is a critical habitat for most estuarine-dependent fisheries originating from the Hudson River. This area contributes directly to the production of in-river and ocean populations of food, game, and forage fish species. Consequently, commercial and recreational fisheries throughout the North Atlantic benefit from these biological inputs from the Hudson River estuary. The area provides habitat for blue crab (Callinectes sapidus) and concentrations of waterfowl such as American black duck (Anas rubripes), blue-winged teal (Anas discors), common goldeneye (Bucephala clangula), common merganser (Mergus merganser), gadwall (Anas strepera), greater scaup (Aythya marila), green-winged teal (Anas crecca), hooded merganser (Lophodytes cucullatus), lesser scaup 2 (Aythya affinis), mallard (Anas platyrhynchos), northern pintail (Anas acuta), red-breasted merganser (Mergus serrator), and wood duck (Au sponsa). IMP ACT ASSESSMENT Any activity that would substantially degrade water quality, increase turbidity or sedimentation, alter flows, salinity, or temperature, reduce water depths, or degrade or alter benthic communities in Kingston- Poughkeepsie Deepwater would result insignificant impairment of the habitat. All species may be affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity or sediment loading, nonpoint source runoff, and waste disposal (including vessel wastes). Discharges or runoff of sewage effluent, pesticides, or other hazardous materials into the river may result in adverse impacts on the habitat area. Any physical alteration of the habitat through dredging or filling (including dredge spoil disposal), would result in a direct loss of valuable habitat. Such activities could have significant impacts on striped bass and sturgeon populations during spawning, and incubation periods (May-July, primarily) and overwintering times. Habitat disturbances would be most detrimental during fish spawning and nursery periods, which generally extend from April through August for most warm water species. Thermal impacts could have adverse effects on use of the area by migratory and resident species. Activities that result in the presence of significant electric, or magnetic, or electromagnetic field may affect benthic communities, migratory fish movement, and fish egg and larval development. Entrainment and impingement causes significant mortality to all life stages of fish, including endangered species. Activities that would enhance migratory, spawning, or nursery fish habitat, particularly where an area is essential to a species' life cycle or helps to restore an historic species population would be beneficial. HABITAT IMPAIRMENT TEST A habitat impairment test must be met for any activity that is subject to consistency review under Federal and State laws, or under applicable local laws contained in an approved local waterfront revitalization program. If the proposed action is subject to consistency review, then the habitat protection policy applies, whether the proposed action is to occur within or outside the designated area. The specific habitat impairment test that must be met is as follows. In order to protect and preserve a significant habitat, land and water uses or development shall not be undertaken if such actions would: 1. destroy the habitat; or, 2. significantly impair the viability of a habitat. Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area or through the indirect effects of these actions on a designated area. Habitat destruction may be indicated by changes in vegetation, substrate, or hydrology, or increases in runoff, erosion, sedimentation, or pollutants. ~ Significant impairment is defined as reduction in vital resources (e.g., food, shelter, living space) or change in environmental conditions (e.g., temperature, substrate, and salinity) beyond the tolerance range of an organism. Indicators of a significantly impaired habitat focus on ecological alterations and may include but are not limited to reduced carrying capacity, changes in community structure (food chain relationships, species diversity), reduced productivity and/or increased incidence of disease and mortality. The tolerance range of an organism is not defined as the physiological range of conditions beyond which a species will not survive at all, but as the ecological range of conditions that supports the species population or has the potential to support a restored population, where practical. Either the loss of individuals through an increase in emigration or an increase in death rate indicates that the tolerance range of an organism has been exceeded. An abrupt increase in death rate may occur as an environmental factor falls beyond a tolerance limit (a range has both upper and lower limits). Many environmental factors, however, do not have a sharply defined tolerance limit, but produce increasing emigration or death rates with increasing departure from conditions that are optimal for the species. The range of parameters which should be considered in applying the habitat impairment test includes but is not limited to the following: 1. physical parameters such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates; 2. biological parameters such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory patterns; and, 3. chemical parameters such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous materials). KNOWLEDGABLE CONTACTS Natural Resources Bureau NYS Department of State 99 Washington Ave, Suite 1010 Albany, NY 12231 Phone: (518) 474.6000 Hudson River National Estuarine Research Reserve Norrie Point Environmental Center PO Box 3 15 Staatsburg, NY 12580 Phone: (845) 889.4745 Hudson River Fisheries Unit NYS Department of Environmental Conservation 21 South Putt Comers Road New Paltz, NY 12561 Phone: (845) 256.3071 4 The Hudson River Estuary Program NYSDEC Region 3 21 S Putt Comers Rd New Paltz, NY 12561 Phone: (845) 256.3016 New York Natural Heritage Program 625 Broadway, 5th Floor Albany, NY 12233-4757 Phone: (518) 402.8935 5