Chapter 4: Natural Resources

A. INTRODUCTION AND METHODOLOGY

METHODOLOGY This chapter assesses the potential of the Proposed Action to have any significant adverse environmental impact on natural resources, including vegetation and wildlife. Information on natural resources within and in the vicinity of the Project Site was obtained from publicly available sources, including the New York State Department of Environmental Conservation (NYSDEC) Breeding Bird Atlas (BBA); United Stated Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI); USFWS Information for Planning and Consultation (IPaC) online database; NYSDEC Amphibian and Reptile Atlas Project (Herp Atlas); NYSDEC Environmental Resource Mapper; the United States Department of Agriculture (USDA) Natural Resources Conservation Service’s digital soil survey (SSURGO); and the Town of Babylon’s Geographic Information System (GIS) database. Correspondence was obtained from the New York Natural Heritage Program (NYNHP) regarding records of past occurrence of State-listed and federally listed species (threatened, endangered, rare, and special concern) on the Project Site and vicinity, which are regulated under New York State Environmental Conservation Law (ECL) Article 11 and the federal Endangered Species Act (16 U.S.C. § 1531 et seq.). Photos taken for the 2016 Neighborhood Conditions Study (Appendix D-4) were used to characterize general habitat cover on the parcels within the Project Site. Since the Project Site comprises already-developed parcels with little or no natural habitat evident from the photo- reconnaissance, it was determined that field investigations to examine plants and/or were not necessary to complete this assessment.

ELEMENTS NOT INCLUDED IN THE DGEIS This Draft Generic Environmental Impact Statement (DGEIS) has been drafted to include a discussion of only those environmental categories for which the Lead Agency has identified a potential for a significant adverse impact. The following environmental categories have been specifically excluded from the DGEIS because the Lead Agency has determined that the Proposed Action would not have a significant adverse impact on these resources. • Geology, Soils, and Topography. The overwhelming majority of the Project Site has been previously developed. Previous due diligence documentation (Appendix D-5) indicates that the Project Site has no areas of steep slopes and no hydric soils. As such, it is not anticipated that redevelopment within the Project Site would result in a significant adverse environmental impact on the underlying geology, soils, or topography. • Surface Water and Wetlands. Based on previous due diligence efforts (Appendix D-5), it is understood that there are no surface water or wetland features within the Project Site that are mapped by the National Wetland Inventory (NWI) or NYSDEC. In addition, aerial imagery and sidewalk reconnaissance surveys did not identify any surface water features. As such, it

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is not anticipated that the redevelopment of the Project Site would have a direct impact on surface water features or wetlands. (See Chapter 19, “Special Groundwater Protection Area Program,” for information relative to groundwater and the sub-surface aquifer). • Stormwater. New York State and the Town of Babylon enforce a strict set of regulations that regulate the management of stormwater from individual development sites. These regulations require, among other things, that for the redevelopment of sites that are currently improved, the rate and volume of stormwater runoff be reduced from current conditions. These regulations, including Chapter 189 of the Town of Babylon Code, will continue to be enforced, regardless of the Site’s zoning. Therefore, it is not anticipated that the Proposed Action would have a significant adverse impact on stormwater quantity or quality.

B. EXISTING CONDITIONS

HABITAT The habitats within the Project Site include the following, as described by Edinger et. al. 20141: • Paved road/path • Urban structure exterior • Urban vacant lot • Interior non-agricultural building • Unpaved road/path • Mowed roadside/pathway • Railroad The Project Site consists primarily of fully developed parcels occupied by buildings and pavement with a very sparse distribution of ornamental plantings of shrubs and trees. This includes all parcels north of the railroad corridor and those south of Conklin Street. Such maintained habitats have limited ecological value that typically support no rare species and can be modified with new development without adversely affecting terrestrial plants and animals. Conversely, undeveloped or less developed lands occupied by natural vegetation are more likely to harbor rare species and to contribute to important local and regional ecological functions. The Long Island Power Authority (LIPA) parcel and two NYSDOT parcels located between Conklin Street and the Long Island Rail Road (LIRR), though primarily disturbed/developed, include some incidental unmaintained areas containing mature trees and naturally colonized vine, shrub, and herbaceous plants. The LIPA parcel contains mowed lawn with mature trees and shrubs along its fenced periphery. The parcel contains such species as white mulberry (Morus alba), black locust (Robinia pseudoacacia), sycamore leaved maple (Acer pseudoplatanus), pin (Quercus palustris), mugwort (Artemisia vulgaris), autumn olive (Elaeagnus umbellata), and others.

1 Edinger et. al. 2014. Ecological Communities of New York State. 2nd Edition. NY Natural Heritage Program, NYSDEC.

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The New York State Department of Transportation (NYSDOT) parcels contain a mix of abandoned buildings now covered with vines, mature trees, and early mature trees scattered within the site and along the site peripheries. These parcels also contain various uses associated with the mulching business on the lot, including vehicle storage, log and wood chip piles, and materials storage areas. Typical of many disturbed and marginally used sites in suburban areas, the NYSDOT parcels contain such species as Ailanthus (Ailanthus altissima), black locust, white mulberry, oak species (Quercus sp.), pine (Pinus sp.) poison ivy (Rhus radicans), Virginia creeper (Parthenocissus quinquefolia), porcelain berry (Ampelopsis brevipedunculata), Oriental bittersweet (Celastrus orbiculatus), milkweed (Asclepias syriaca), Queen Anne’s lace (Daucus carota), mullein (Verbascum Thapsus), mugwort, horseweed (Erigeron Canadensis), and additional species. As discussed under “Potential Impacts of the Proposed Action,” these three parcels will require on-site field inspection including vegetation and wildlife inventory by trained ecologists during site development review to determine whether the site-specific development proposed has the potential to have a significant, adverse impact to vegetation and wildlife. Two “Significant Natural Communities” are mapped by NYSDEC in the vicinity of the Project Site. These are the “pitch pine-scrub oak barrens” community, located/mapped approximately five miles east of the Project Site within the Pinelawn Cemetery and the “coastal oak-heath forest” community, located/mapped approximately one mile west of the Project Site within Bethpage State Park. “Significant Natural Communities,” as defined by NYNHP, are known locations of rare natural community types as well as high quality occurrences of more common natural community types. No NYSDEC-designated “Significant Natural Communities” are located/mapped on or adjacent to the Project Site.

WILDLIFE Wildlife that can be expected to occupy the Project Site includes primarily those species adapted to urbanized conditions. Except for animals discussed under “Threatened and Endangered Species” below, no rare species are expected to frequent the Project Site. Common perching birds can be expected to frequent the Project Site, including such species as the European starling (Sturnus vulgaris), American crow (Corvus brachyrhynchos), house sparrow (Passer domesticus), American robin (Turdus migratorius), northern cardinal (Cardinalis cardinalis), and others. The dilapidated buildings that occur within the NYSDOT parcels may provide habitat for the barn owl (Tyto alba), an unlisted species in New York State, but one that is ranked “S1S2: Critically Imperiled or Imperiled” by NYSDEC indicating that it is rare or declining in population in the State. Mammals that can be expected to occupy the Project Site and vicinity include raccoon (Procyon lotor), opossum (Didelphis virginiana), house mouse (Mus musculus), grey squirrel (Sciurus carolinensis), eastern chipmunk (Tamias striatus), and other urban-tolerant species. The dilapidated buildings within the NYSDOT parcels may provide summer roosting habitat for the federally listed northern long-eared bat (Myotis septentrionalis), as discussed below. The NYSDEC Herp Atlas lists the potential for 15 species of reptiles and amphibians to occur within the United States Geological Survey (USGS) quadrangle (Amityville Quad) encompassing the Project Site. Based on available habitat, it is expected that only such urban-tolerant species as common garter snake (Thamnophis sirtalis) or northern brown snake (Storeria dekayi dekayi) are likely to occur within the NYSDOT and LIPA parcels; however, the isolated location of these sites suggests that they would provide very little habitat for such species.

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THREATENED AND ENDANGERED SPECIES

Federally Listed Species The USFWS IPaC report for the Project Site lists the potential occurrence of six federally listed threatened or endangered species. These include three bird species (red knot [Calidris canutus rufa], “threatened”; piping plover [Charadrius melodus], “threatened”; and roseate tern [Sterna Dougallii dougallii], “endangered”), one mammal species (northern long-eared bat, “threatened”), and two plant species (sandplain gerardia [Agalinis acuta], “endangered” and seabeach amaranth [Amaranthus pumilus], “threatened”). No federally designated critical habitats were reported within the Project Site or its vicinity. Of these species, the northern long- eared bat and sandplain gerardia have the potential to occur within the Project Site. The remaining plants and/or animals are coastal species that occur only along the shoreline and would not be affected by development or redevelopment of the Project Site. The two NYSDOT parcels and one LIPA parcel are undeveloped and could provide habitat for sandplain gerardia and northern long-eared bat. The dilapidated buildings located on the larger NYSDOT parcel may provide summer roosting habitat for the northern long-eared bat, which has been known to occupy structures, although its preferred roosting habitat is within the crevices or exfoliating bark of trees in fully forested areas.1 Given the lack of habitat surrounding the NYSDOT parcel, it is unlikely that bats would find this to be an attractive roosting site. Sandplain gerardia prefers dry, sandy, exposed, mineral soil and native grasslands. Although neither the northern long-eared bat nor sandplain gerardia are likely to occur on the LIPA and NYSDOT parcels due to their former use, a site inspection of the LIPA and NYSDOT parcels conducted in the appropriate bat roosting and gerardia flowering season would confirm the presence/absence of these two species. State-listed Species The NYSDEC BBA and USFWS IPaC keep records of occurrence/sightings of breeding and migratory birds, including rare birds, by region and census blocks. Data on the potential presence of protected bird species from these two sources is discussed below. The proximity of large open spaces in proximity to the Project Site, including Bethpage State Park, Pinelawn Cemetery, and Republic Airport, increase the likelihood that the State-listed bird species frequent the Project Site as occasional transients. The developed character, the level of industrial activity, and the busy roadways within and adjacent to the Project Site substantially minimize the Project Site’s habitat value. Therefore, as discussed below, it is unlikely that the Project Site provides the more critical breeding/foraging habitats for any State-listed birds. Review of NYSDEC BBA records indicates two State-listed “special concern” species that have been known to breed within the large census block that includes the Project Site, including the Cooper's hawk (Accipiter cooperii) and horned lark (Eremophila alpestris). Cooper’s hawk is a forest-interior species that typically nests in tall evergreen trees within dense woods. Horned larks are a ground-nesting bird that favors bare, dry ground and areas of short, sparse vegetation including areas cleared by humans, such as plowed fields and mowed expanses around airstrips. Although both of these species may infrequently forage within or fly over the parcels that

1 USFWS northern long-eared bat fact sheet: https://www.fws.gov/Midwest/endangered/mammals/nleb/index.html

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comprise the Project Site, these “special concern” species are unlikely to nest within the Project Site due to lack of appropriate nesting habitat. Review of the IPaC migratory bird resource list indicates several State-listed species known to occur in the region that have the potential to frequent the Project Site, including bald eagle (Haliaeetus leucocephalus), “threatened”; peregrine falcon (Falco peregrinus) “endangered”; and short-eared owl (Asio flammeus), “endangered.” Although each of these species may infrequently forage within or fly over the parcels that compose the Project Site, none of them are likely to use the Project Site for breeding and/or nesting. The bald eagle nests in close proximity to large bodies of open water, the peregrine falcon nests on high rocky ridges or tall buildings, and the short-eared owl is a ground-nester preferring to nest within large expanses of open grassland. Therefore, the preferred nesting habitats for these species are not present within the Project Site. Of the reptile and amphibian species having the potential to occur within the Project Site based on their listing in the NYSDEC’s Herp Atlas for the USGS quadrangle that includes the Project Site, one species—the eastern box turtle (Terrapene carolina)—is a State-listed “special concern” species. Due to the past disturbance of the parcels that compose the Project Site, it is unlikely than any extant individuals or populations of box turtles still occur within the undeveloped NYSDOT parcels and LIPA parcels. However, these parcels are conjoined with the narrow, vegetated corridor that exists along the adjacent railway. As such, migration/movement of herpetile species between the Project Site and adjacent less developed lands may occur, increasing the potential for box turtle or other reptiles and amphibians to frequent the NYSDOT and LIPA parcels. The NYNHP’s response, dated November 22, 2017, (Appendix D-6) to a project-specific information request for records of State-listed species indicates records of recent occurrence of Edwards’ hairstreak ( edwardsii)—a State-unlisted but “vulnerable” species—identified within ¼-mile of the Project Site in dense scrub oak scrub oak () thicket with scattered pitch pine. Edwards’ hairstreak is a butterfly in the family found in the eastern parts of the United States. Its larval host plant is primarily scrub oak. Site inspection of the LIPA and NYSDOT parcels will be necessary to determine the presence and/or absence of scrub oak and/or Edwards’ hairstreak butterflies or larvae at the time a site- specific development proposal is reviewed. Owing to the lack of large areas of scrub oak habitat, the presence of this butterfly species within the Project Site is unlikely.

C. FUTURE WITHOUT THE PROPOSED ACTION In the Future without the Proposed Action (the “No Action” condition), the Project Site may continue to support the current uses and buildings at present or, as described in Chapter 3, “Land Use, Zoning, and Public Policy,” could be further developed pursuant to the Site’s current zoning. Regarding the three parcels within the Project Site that contain some areas of undeveloped land, the NYSDOT and LIPA parcels would continue to support the current assemblage of plant and life if they remain undeveloped. The larger woody plants and trees occupying the peripheries of these parcels would continue to grow and mature into larger trees. Portions of the larger NYSDOT parcel now occupied by dilapidated buildings would continue to degrade and provide living space for plants and animals able to colonize formerly developed lands. However, owing to the high amount of current use (i.e., movement of vehicles, maintenance uses, and materials storage on the NYSDOT parcel and active mowing on the LIPA parcel) and the coverage of structures and/or pavement where the dilapidated buildings occur at the eastern end of the larger NYSDOT parcel, the plant and animal populations would continue to be dominated by those common species adapted to urban environments, many of which are

DRAFT 4-5 5/22/2018 East Farmingdale Form-Based Code: DGEIS non-native species. If the Project Site is built out pursuant to the current zoning, it is likely that the minimal on-Site vegetation and wildlife would be removed.

D. POTENTIAL IMPACTS OF THE PROPOSED ACTION

HABITAT Overall, the Proposed Action would not have an adverse impact on any significant habitats because the parcels that compose the Project Site are fully developed with buildings and/or pavement or are in a state of active, ongoing disturbance. The minimal areas of vegetation and potential wildlife habitat on the NYSDOT and LIPA parcels are largely isolated from other intact habitat and are unlikely to provide habitat for protected species. However, the NYSDOT and LIPA parcels have minimal areas of vegetation and potential wildlife habitat that will require site-specific ecological field investigations to be performed, including comprehensive plant/animal inventories conducted by qualified ecologists, at the time of any future site-specific development application to ensure that there are no rare plants/animals onsite. These investigations must be conducted on the LIPA and/or NYSDOT parcels during the growing season immediately preceding any site development, site preparation, or demolition of existing structures. Additionally, a waters and wetlands investigation, performed by a qualified professional, must be submitted with applications for future site-specific development within NYSDOT and LIPA parcels and may be required by the Approving Agency for other parcels within the Project Site to confirm the previous findings with respect to the absence of waters and wetlands on-Site. No NYSDEC-mapped/designated “Significant Natural Communities” would be affected by the Proposed Action.

WILDLIFE Although little foraging habitat exists within the Project Site itself, the open spaces near the Site, including Republic Airport to the south, cemeteries to the east, and Bethpage State Park to the west, would provide ample hunting/foraging opportunities for bats, owls, and other raptors. Several State- and federally listed species may use these nearby open spaces to forage or nest, including the Cooper's hawk, horned lark, bald eagle, short-eared owl, and others. As such, these species have the potential to occur within the Project Site on an infrequent basis. The abandoned buildings on the NYSDOT parcel in particular may provide suitable summer roosting habitat for the northern long-eared bat and nesting and/or roosting habitat for the barn owl. All migratory bird species receive protection under the Migratory Birds Treaty Act (1918). Although unlikely to occur on-Site, if present the bald eagle would be protected under the Bald and Golden Eagle Protection Act (1940). To confirm the findings of this DGEIS, a comprehensive wildlife inventory must be conducted in the Spring/Summer season immediately preceding any future site development, site preparation, or demolition of existing structures on the LIPA and/or NYSDOT parcels to confirm the presence/absence of the species listed above and to provide a comprehensive list of all animal species observed or expected to utilize these parcels based on available habitat.

THREATENED AND ENDANGERED SPECIES Several federally and state-listed endangered, threatened, and special concern species are identified as having the potential to occur within the Project Site. Prior to any potential future

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site development, site preparation, or demolition of existing structures on the LIPA and/or NYSDOT parcels, qualified ecologists must conduct vegetation and wildlife surveys during the appropriate season or flowering period (typically spring/summer) to develop comprehensive lists of species/habitats observed on these parcels. As part of this field survey effort, particular attention should give given, but not limited to, the following State-listed and federally listed plant and animal species known to occur in the region, as discussed in more detail above under “existing conditions”: • northern long-eared bat, federally listed “threatened” • sandplain gerardia, federally listed “endangered” • Edwards’ hairstreak, State-listed “vulnerable” • eastern box turtle, State-listed “special concern” With the implementation of these targeted, site-specific confirmatory investigations, the Proposed Action would not be expected to have a significant adverse impact on vegetation and wildlife within the Project Site. 

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