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Foot Access to a Deeded Beach Right

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COMPATIBILITY DETERMINATION USE: Foot Access to a Deeded Beach Right REFUGE NAME: Wertheim National Wildlife Refuge DATE ESTABLISHED: 1947 ESTABLISHING and ACQUISITION AUTHORITY(IES): Wertheim National Wildlife Refuge (NWR, refuge), the headquarters of the Long Island NWR Complex, comprises 2,688 acres on the south shore of Long Island in Shirley, New York. The refuge was established in 1947 under the authorities of the Migratory Bird Conservation Act (16 U.S.C. § 715d) and the Refuge Recreation Act (16 U.S.C. § 460k-1). The original parcel was acquired as a donation from Cecile and Maurice Wertheim. REFUGE PURPOSE(S): Wertheim NWR was established: Under the Migratory Bird Conservation Act (16 U.S.C. section 715-715r) as amended, “...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds” (16 U.S.C. section 715d). Under the Refuge Recreation Act specifies the authorized purposes of: (1) incidental fish and wildlife-oriented recreational development (16U.S.C. § 460k-1) (2) the protection of natural resources (16 U.S.C. § 460k-1), and (3) the conservation of endangered species or threatened species (16 U.S.C. § 460k-1).” NATIONAL WILDLIFE REFUGE SYSTEM MISSION: To administer a national network of lands and waters for the conservation, management and, where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans. National Wildlife Refuge System (Refuge System) Improvement Act of 1997, as amended (Refuge Improvement Act; Public Law 105-57; 111 Stat 1254). DESCRIPTION OF USE: (a) What is the Use? The use is restricted pedestrian (foot) travel for St. George Terrace Subdivision (SGTS) residents across U.S. Fish and Wildife Service (Service)-owned property for approximately 870 feet to reach an approximately 75-foot deeded beach right on the Carmans River. Travel will be down an existing path from Hay Road in SGTS to the Carmans River. Many homeowners in the SGTS have deeded beach rights to use the beach for bathing, boating, and fishing. There are 65 residential houses in the SGTS. Currently, the homeowners have no Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 1 means to access such beach rights except via navigable waters or to trespass across Service- owned property. The refuge parcel is closed to the public. The St. George Terrace Property Owners Association (SGT POA) is recognized as the organization who will coordinate with the refuge and with all the landowners in the subdivision regarding this use. SGT POA will apply for and hold the Special Use Permit (SUP) that will be required to conduct this use. This is not a priority public use of the Refuge System under the Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), as amended by the Refuge System Improvement Act of 1997 (Public Law 105-57). (b) Where is the use conducted? The refuge is 2,688 acres and is comprised of oak-pine woodlands, grasslands, creeks, ponds, freshwater impoundments, and the Carmans River estuary and its associated tidal marshes. The pedestrian access is located on Tract 3 of the refuge in Shirley, New York, at approximately 40°45'33.47"N 72°52'59.15"W. The access path travels through saltmarsh habitat in the southeastern portion of the refuge. The path covers 0.0834 acres or .0031 percent of the refuge. The portion of beach is located on the western end of Tract 3 on the refuge (Figure 1). The beach right includes approximately 75 feet of sandy shoreline near the mouth of the Carmans River in Shirley, New York. The 75 feet of beach is on refuge-owned property. The deeded beach right is exclusive to the SGTS property owners. (c) When is the use conducted? The refuge is open to approved uses from 1/2-hour before legal sunrise to 1/2-hour after legal sunset. The use will occur at any time of the year; however, spring and fall months are the peak times that residents want to use the beach. The homeowners of St. George Terrace will have access through the refuge to their deeded beach rights. (d) How is the use conducted? The use will be conducted by foot only. The SGT POA estimates that 2 to 10 residents will use the path to access the beach on any given day. The SGTS property owners will be permitted to walk on the path, as shown on the map in Figure 1, to the deeded beach right. Currently, there is a chain link fence with a locked gate at the eastern side of the parcel. A partially paved road that was installed in the 1960s still exists, although it is now a broken paved road. The portion of the path from Hay Road to the existing gate/fence portion is approximately 104 feet. From the gate, the path travels west down a broken pavement path for 418 feet. From the end of the broken pavement path through the saltmarsh to the beach is approximately 345 feet. The eastern end of the path on the broken pavement is not more than 5 feet wide and the western end of the path that travels through the saltmarsh is approximately 3 feet wide. This Compatibility Determination (CD) evaluates the use of the footpath across refuge property. The foot path will be monitored and modified as the Service deems appropriate to protect the marsh habitat while also providing for pedestrian safety. Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 2 (e) Why is the use being proposed? SGTS residents historically used the access path to get to their deeded beach right location prior to the Service acquiring the parcel known as Tract 3 in 1988. Since the Service’s acquisition, the residents of SGTS have had traditional but unsanctioned use of the path to the waters edge. The Service acquired the Tract 3 parcel in 1988 from Suffolk County, which took the parcel for failure to pay taxes in 1977. After extensive research, it was discovered that the SGTS residents do not have deeded access rights across the parcel to the beach right noted in their deeds. However, there is interest in allowing the homeowners of SGTS reasonable access to their deeded beach right, provided that the use can be conducted in a manner to ensure it is compatible with refuge purposes. Access to the deeded beach right is through Tract 3 of Wertheim NWR or by boat through navigable waters. There is no neighborhood or refuge boat ramp within a reasonable distance compared to the foot access path through refuge property. AVAILABILITY OF RESOURCES: Permitting this use is generally within the resources of the existing staff. Staff costs are incurred to review to the SUP application of the SGT POA and to issue an appropriate permit. When in the area, staff will check the pedestrian access to ensure pedestrian safety and SUP compliance. A survey of Tract 3 will allow the boundaries to be properly marked for the beach access area. Additionally, the gate at the east end of the parcel will be replaced due to its age and functionality. The SGT POA has offered to assist with labor as needed to reduce the costs to the refuge. One Time Costs to the refuge: Replacement of existing gate $5,000 Signage - purchase and install signs $1,000 Survey of Tract (mark and flag beach area) $5,000 Total Cost: $11,000 Annual or Recurring Costs to the refuge: Administrative costs - issue annual permits $100 Total Cost: $100 ANTICIPATED IMPACTS OF THE USE: Short-Term Impacts: Possible short-term impacts include disturbing wildlife, removing or trampling plants, littering, vandalism, and entrance into closed areas. The amount of disturbance is expected to be occasional, mostly short-term in nature, and in certain locations. This use does not interfere with other visitors’ enjoyment of the refuge or natural environment. Pedestrian travel has the potential of impacting shorebird, waterfowl, and other migratory bird populations that are nesting, feeding, and resting on or near the path, and on the beach at certain times of the year. Wildlife often respond to human presence by departing from the disturbed site (Burger 1981), using sub-optimal habitat or non-preferred habitat (Erwin 1980), altering their behavior (Burger 1981), and/or increasing their energy expenditure (Belanger and Bedard 1990). Compatibility Determination for Foot Access to a Deeded Beach Right on Wertheim NWR 3 Occasional littering and dumping has occurred in this area since 2009. Littering consists of materials such as dimensional lumber and pallets being brought in and left on the marsh to provide footpath access. The lumber and pallets will be removed from the marsh and will not be permitted to be placed on the footpath. Additionally, there has been dumping of landscaping materials (sod, tree branches, leaves) on the western edge of the property. The sod and tree branches will be removed. Entry into a closed area causes short-term disturbance to migratory birds especially during the nesting season (see the references below under long-term impacts). Residents walking to the north of the beach rights area will create similar impacts to migratory birds, especially during the nesting season. The section of the beach to the north of the approximately 75-foot area noted on the map will be closed to all entry. Direct, short-term impacts will also occur when the path is being maintained and signs are being installed. We expect that these impacts will be negligible because the work will be completed within a few hours.
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