ENVIRONMENTAL ASSESSMENT
REPLACEMENT OF THE ACKERMAN PARCEL
WITH COEYMANS CREEK WILDLIFE MANAGEMENT AREA
Prepared January 2021
Lead State Agency: New York State Department of Environmental Conservation, Division of Fish and Wildlife
Cooperating Federal Agency: U.S. Fish and Wildlife Service
Proposed Action: To resolve loss of control over the Ackerman parcel (acquired by DEC with federal funds in 1939) by replacing the property with a property of equal value and benefits, the Coeymans Creek Wildlife Management Area (acquired by DEC with state funds in 2019).
Location: Towns of New Scotland and Coeymans, Albany County, NY
Summary: This environmental assessment considers the impacts to the human environment of the proposed action and the no action alternative. Purchased from Edward and Catherine Ackerman in 1939, the “Ackerman parcel” was originally acquired as part of the Delmar Experimental Game Farm but has since become part of the Five Rivers Environmental Education Center. The primary impact is that some types of wildlife-dependent recreation are not available. The property currently provides opportunities for environmental education and wildlife observation; however, DEC's changes to the administration, use, and regulations pertaining to this property resulted in hunting, trapping, and fishing being prohibited. Consequently, the Ackerman parcel no longer meets the purposes of the grant agreement at the time of acquisition. The conclusion of this assessment is that the preferred alternative—replacing the Ackerman parcel with Coeymans Creek WMA—will not result in any adverse environmental impacts, will resolve DEC’s compliance with terms of the 1939 grant agreement, and will provide greater overall benefits for wildlife, wildlife habitat, and wildlife-dependent recreation.
Page 1 of 29
Approved by:
James F. Farquhar III Tony Wilkinson Chief, Bureau of Wildlife Director, Division of Fish & Wildlife
Date Date
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Page 2 of 29 TABLE OF CONTENTS
1.0 INTRODUCTION ...... 4 1.1 Scope of Document ...... 4 1.2 Role of State Entities Involved ...... 5 1.3 Location ...... 5 1.4 Background ...... 5 2.0 PURPOSE AND NEED ...... 6 3.0 COMPLIANCE WITH APPLICABLE STATUTES, REGULATIONS, AND GUIDELINES ...... 6 4.0 ALTERNATIVES ...... 7 4.1 Development of Alternatives ...... 7 4.2 Alternatives Considered Further ...... 8 5.0 DESCRIPTION OF THE EXISTING ENVIRONMENT ...... 9 5.1 General Land Use and Administration ...... 9 5.2 Fish and Wildlife ...... 9 5.3 Habitat...... 10 5.4 Threatened and Endangered Species ...... 11 5.5 Wetlands, Streams, and Water Quality ...... 11 5.6 Noise ...... 12 5.7 Cultural and Historical Resources ...... 12 5.8 Public Use, Access, and Recreation ...... 12 5.9 Socioeconomic Environment and Environmental Justice ...... 13 6.0 ENVIRONMENTAL CONSEQUENCES ...... 13 6.1 General Land Use and Administration ...... 13 6.2 Fish and Wildlife ...... 14 6.3 Habitat...... 14 6.4 Threatened and Endangered Species ...... 14 6.5 Wetlands, Streams, and Water Quality ...... 15 6.6 Noise ...... 15 6.7 Cultural and Historical Resources ...... 15 6.8 Public Use, Access, and Recreation ...... 15 6.9 Socioeconomic Environment and Environmental Justice ...... 16 7.0 COMPARISON OF ENVIRONMENTAL CONSEQUENCES ...... 16 8.0 CUMULATIVE IMPACT ...... 17 9.0 CONSULTATION, COORDINATION AND PUBLIC INVOLVEMENT ...... 17 10.0 LIST OF PREPARERS ...... 18 11.0 REFERENCES ...... 18 12.0 APPENDICES ...... 20 Appendix A. Maps ...... 20 Appendix B. Habitat and Recreation Benefits Matrix ...... 24 Appendix C. Public Comment ...... 25
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Page 3 of 29 1.0 INTRODUCTION
New York State Department of Environmental Conservation (DEC), Division of Fish and Wildlife (DFW) prepared this Environmental Assessment (EA) to evaluate the potential impacts to the human and natural environment associated with resolving DFW’s loss of control of the Ackerman parcel of the Five Rivers Environmental Education Center (Five Rivers; formerly part of the Delmar Game Farm) in Albany County, NY. The Ackerman parcel has been incorporated into Five Rivers and is no longer used for some of the approved purposes for which it was acquired. Hunting, trapping, and fishing are not allowed on the property, DEC discontinued use of the property for game bird propagation, and currently the property’s primary use is environmental education. Therefore, DFW’s proposed action is to replace the Ackerman parcel with a nearby property, Coeymans Creek Wildlife Management Area (WMA), which was purchased with state funds, has an equivalent value, and provides equal if not greater wildlife and wildlife-dependent recreational benefits.
The proposed action affects lands purchased with funds from the Wildlife Restoration Trust Fund administered by the U.S. Fish and Wildlife Service (Service), Division of Wildlife and Sport Fish Restoration (WSFR). Because of the federal funds used to purchase the land in question and associated federal regulations, this action must comply with the National Environmental Policy Act (NEPA; 42 United States Code [USC] § 4321-4347), Section 7 of the Endangered Species Act (ESA), and Section 106 of the National Historic Preservation Act (Section 106). The NEPA requires federal agencies to integrate an interdisciplinary environmental review process to evaluate a range of alternatives including the No- Action alternative and provide an opportunity for public input as part of its decision-making process. Since the Service is the lead federal agency for approving the proposed action, DFW is developing this EA in cooperation with Service staff.
The EA will be used to determine whether to provide a Finding of No Significant Impact (FONSI) or to prepare an Environmental Impact Statement (EIS). If the EA demonstrates that there is no significant impact to the human and/or natural environment, a FONSI will be prepared. If the analysis in the EA indicates that the proposed action is a major federal action that significantly affects the quality of the human and/or natural environment, a notice of intent to prepare a draft EIS will be published in the Federal Register.
1.1 Scope of Document
The format of this EA follows the guidelines set forth in the Service’s NEPA Reference Handbook (USFWS 2003). The sections of the document are described as follows:
• Purpose and Need provides the reason and justification for the action; • Alternatives provides a description of the no action alternative, the proposed action, and other alternatives that were under consideration; • Description of the Existing Environment outlines existing environmental conditions; • Environmental Consequences reviews the potential effects for each of the alternatives fully considered; • Comparison of Environmental Impact provides a table that summarizes the environmental impacts of all of the alternatives;
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Page 4 of 29 • Cumulative Impact examines past, current, and future related actions for potential positive/negative environmental impacts; and • Consultation, Public Involvement, and Coordination describes the collaboration among technical experts and regulatory agencies, and agency engagement with the public to address concerns and obtain feedback to help shape the proposed action.
1.2 Role of State Entities Involved
• DEC’s Division of Fish and Wildlife (which includes the Bureau of Wildlife) is responsible for the administration of the Wildlife Management Area System and Game Farms. DFW has administrative control of Coeymans Creek WMA and is responsible for managing this property. • DEC’s Division of Operations is responsible for the administration of Environmental Education Centers. Division of Operations has administrative control of the Ackerman parcel at Five Rivers and is responsible for managing this property.
1.3 Location
The Ackerman parcel is located in the Town of New Scotland, NY. Coeymans Creek WMA is located in the Town of Coeymans, NY. Both parcels are located in Albany County. Maps are provided in Appendix A.
1.4 Background
The Ackerman parcel, consisting of 94 contiguous acres, was acquired with WSFR funds in 19391 to become a part of the Delmar Experimental Game Farm and Wildlife Research Center. The purchase of the Ackerman parcel was a result of Proposal 8, an Agreement in Reference to the Purchase of Lands by the People of the State of New York (Forestry Form 113), initiated in 1938. The original intent for acquisition included game bird propagation (ring-necked pheasant, quail), management of several species (e.g., black ducks, mallards, white-tailed deer, muskrats, ruffed grouse, cottontail rabbits), hunting, and protection from development. For several years prior to acquisition, DEC’s Bureau of Game (now DFW’s Bureau of Wildlife) leased the land for game bird purposes. Structures on the property at the time of acquisition included a residential dwelling to become the property manager’s residence and two barns to be used as storage. Currently, only one barn remains on the property.2
In the early 1970s, DEC dissolved Game Farm operations on the 243-acre property and developed plans to convert the land to an environmental education center by the summer of 1972. The change was directed as an effort to maintain the community connection with the facility that was provided when it ran as a Game Farm and Zoo.3 Currently, Five Rivers—now 450 acres including the Ackerman parcel and other parcels acquired entirely with state funds—is used for student and public education programs
1 Deed signed and dated 1/14/1939 and recorded in the Albany County Clerk’s Office on 1/26/1939. Book 880, Page 430. 2 The maintenance of the remaining building has been funded using State Capital Funds through the Environmental Protection Fund (EPF) and Rehabilitation and Improvement (R&I) funds as a result of the land being managed as an Education Center. Due to the use of these funds for maintenance, the useful life of the building has expired and no longer has a federal nexus to the original grant. 3 Based on historical records from The Spotlight (a local newspaper publication), from Issue 1 and Issue 2 of The Five Rivers Environmental Education Center newsletter, and from DEC’s 2007 Draft Unit Management Plan for Five Rivers.
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Page 5 of 29 related to nature and the environment, along with opportunities for the public to observe wildlife and hike through interpretive nature trails. Due to the current uses of Five Rivers and management of the property under DEC Division of Operations rather than DFW, as well as the surrounding suburban development, certain activities, such as hunting and trapping, are not permitted. Per review by DFW and the Service, it was determined that these secondary uses interfere with the authorized purpose and original intent of the grant, resulting in the need to find a suitable replacement property.
One significant difference from the original intent of the Ackerman acquisition is the inability to use a replacement property for game bird propagation. This type of management activity is currently limited to DEC’s Reynolds Game Farm in Ithaca, NY, which is the last pheasant breeding operation in the state. Due to efficiencies of scale, it is no longer practical or cost effective to have additional game bird propagation locations in the state and game bird propagation is no longer considered effective as a management technique to restore self-sustaining game bird populations.
To date, DFW has taken the following steps to address the issue: (1) consulted with the Service, (2) purchased Coeymans Creek WMA in 2019 with state funds specifically as a replacement property for the Ackerman parcel, which we have found is a suitable, equitable property, (3) prepared a preliminary approach (“Five Rivers Environmental Education Center/Delmar Game Farm – Ackerman Tract Replacement Property Comparison”) for the Service to review, and (4) developed this draft EA in cooperation with the Service.
2.0 PURPOSE AND NEED
The purpose of this EA is to resolve DFW’s compliance with the 1939 grant agreement between DEC and the Service for the acquisition of the Ackerman parcel. DEC acquired this property with federal WSFR funds for the purposes of protecting wildlife and habitat and allowing compatible wildlife-dependent recreation, in perpetuity. During a 2018 audit of DFW’s use of federal WSFR funds, the Service determined that DFW had lost control of the Ackerman parcel. Per the original grant agreement, in the event that DFW loses control of the property, either control must be fully restored to DFW or the property must be replaced with like property of equal value at current market prices and equal benefits. Since control over the Ackerman parcel cannot be fully restored, DFW proposes to replace the property with the Coeymans Creek WMA. This EA considers alternatives and evaluates the potential impacts of the proposed action to resolve this issue.
3.0 COMPLIANCE WITH APPLICABLE STATUTES, REGULATIONS, AND GUIDELINES
Endangered Species Act of 1973: Protects ecosystems upon which threatened and endangered species of fish, wildlife, and plants depend and requires federal agencies to ensure that any action they authorize, fund, or implement is not likely to jeopardize listed species or critical habitat. Protected species include threatened and endangered species listed by federal or state authorities.
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Page 6 of 29 Migratory Bird Treaty Act of 1918: Protects all migratory birds and their parts (including eggs, nests, and feathers) and requires that the impacts on such birds by any federal action are explored fully in the decision-making process.
Bald and Golden Eagle Protection Act of 1962: Protects eagles by prohibiting the take, transport, sale, barter, trade, import and export, and possession of eagles and by prohibiting the collection of eagles and eagle parts, nests, or eggs without a permit.
National Historic Preservation Act of 1966, amended 1992: Preserves and protects historic and archaeological sites and requires that agencies consult with the Advisory Council on Historic Preservation, the National Register of Historic Places, and/or a State Historic Preservation Officer (SHPO) prior to undertaking any action that may affect a property with historic, architectural, archeological, or cultural value.
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations: Directs all federal agency programs to identify and address disproportionately high and adverse effects on human health and the environment of minority or low-income populations.
New York Codes, Rules and Regulations, Title 6 Department of Environmental Conservation (“Environmental Conservation Law”) including Chapter I Fish and Wildlife, Subchapter A: Hunting, §1.11 Deer Hunting Seasons, §1.31 Hunting Black Bear, and §4.1 Wildlife Management Unit Descriptions; Chapter I Fish and Wildlife, Subchapter G: Fish and Wildlife Management Areas and Facilities, §51 Public Use of State Wildlife Management Areas; and Chapter VI General Regulations, §623.1 Use of Environmental Education Centers.
4.0 ALTERNATIVES
4.1 Development of Alternatives
DFW has considered a range of alternatives and their ability to meet the Purpose and Need. Natural resources, historic/cultural resources, and local communities were considered to identify alternatives that would resolve the issue.
Alternatives considered but not analyzed in detail:
• Alternative 1: Repay the Service, in cash, the proportionate federal share of funds invested in the original purchase price of the Ackerman parcel ($9,250), or to repay the Service, in cash, the proportionate federal share of the current fair market value of the property, or any portion thereof, whichever is higher.
A financial transaction between DFW and the Service would not provide any immediate, tangible, or local benefits for wildlife and habitat conservation or wildlife-dependent recreation. Further, this alternative would require DFW to reallocate state funds that were slated for other purposes, which would adversely affect DFW’s overall delivery of wildlife and habitat programs
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Page 7 of 29 and would be particularly detrimental given the state’s current fiscal situation. For these reasons, DFW did not further consider this alternative.
• Alternative 2: Withdraw the Ackerman parcel from the Five Rivers Environmental Education Center and reclassify the area as WMA.
This alternative is not feasible for two reasons. First, state regulations and the suburban development surrounding the Ackerman parcel limit the feasibility of opening the parcel to hunting. DEC began excluding deer and bear hunting in a portion of Albany County—including this area—as early as 1970. Under current regulations, the Ackerman parcel is located a Wildlife Management Unit where DEC restricts big game hunting to longbow only (6 NYCRR §1.11 and §1.31). Furthermore, the only access to the Ackerman parcel is through Five Rivers property, and hunting, trapping, and firearms are prohibited on DEC’s environmental education centers (6 NYCRR §623.1). Consequently, the Ackerman parcel, regardless of whether it remains an environmental education center or becomes a WMA, cannot provide the full range of wildlife- dependent recreation opportunities typically available on WMAs.
Second, this alternative would significantly compromise the mission, connectivity, infrastructure, daily operation, and delivery of programs at Five Rivers. The Ackerman parcel is centrally located within the Five Rivers campus (see Appendix A, Figures 1 and 2) and represents one fifth of Five Rivers’ total acreage. The diverse habitat of the parcel contains core areas where Five Rivers staff deliver public programs, including approximately three miles of trails and eight instruction sites. These programs are beneficial to local schools and communities and have long been valued in the greater Albany area. Changing the administration of the Ackerman parcel and introducing additional types of wildlife-dependent recreation would directly conflict with the mission of Five Rivers, especially since the surrounding parcels would remain classified as environmental education center. For these reasons, DFW did not further consider this alternative.
• Alternative 3: Transfer the Ackerman parcel to the Service or to a third-party designated or approved by the Service.
This alternative is not viable for the same reasons as Alternative 2, above. Due to state regulations prohibiting hunting big game with firearms within Wildlife Management Unit 4J, neither the Service nor a third party would be able to restore this type of public use. Further, transferring ownership of this parcel from DEC to another party would compromise the mission, connectivity, infrastructure, daily operation, and delivery of educational programs at Five Rivers. Notably, this alternative is provided as a “last resort” in the grant agreement. For these reasons, DFW did not further consider this alternative.
4.2 Alternatives Considered Further
• No action alternative:
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Page 8 of 29 The no action alternative is that DFW does not resolve loss of control of the Ackerman parcel.
This alternative would result in DFW failing to address the Service’s determination and corrective actions from the 2018 WSFR audit and remaining in breach of the terms and conditions within the 1939 grant agreement. It is in the best interest of both DFW and the Service to resolve this issue, and both parties have agreed to work together on a viable solution. Therefore, the no action alternative is not a preferred alternative.
• Preferred alternative: The preferred alternative is the proposed action to acquire title to another parcel of real property of equal value that serves the same approved purpose as the original property and to manage the newly acquired real property for same purposes specified in the original grant agreement.
In 2019, DFW acquired the title to Coeymans Creek WMA, located in the Town of Coeymans, Albany County, NY. The 362-acre WMA offers comparable proximity to the City of Albany; similar fish, wildlife, and habitat resources; and equal if not greater wildlife-dependent recreation opportunities when compared to the Ackerman parcel. This proposed replacement property will serve a similar benefit as originally intended for the Ackerman acquisition. The WMA will protect habitat for many similar wildlife species, provide equal if not greater wildlife- dependent recreation opportunities for local communities and other WMA visitors, and perhaps most importantly provides opportunities for hunting, trapping, and fishing including hunting big game with firearms. More details on the wildlife habitat and recreational benefits offered at the replacement property are provided in Appendix B.
5.0 DESCRIPTION OF THE EXISTING ENVIRONMENT
5.1 General Land Use and Administration
The Ackerman parcel is 94 acres located approximately seven miles southwest of the City of Albany, NY. After a history of agricultural use, the property became public land in 1939. Today, as a state-owned environmental education center, it remains protected public land for the primary purpose of educating visitors and students about nature and the environment.
Coeymans Creek WMA is 362 acres located approximately ten miles south of the City of Albany, NY. Historically, the property was owned by a railroad company and remnants of the old rail line can still be found. DFW acquired the property in the spring of 2019 from the City of Albany, who planned to use the site as a landfill. As a state-owned WMA, it is now protected public land for the primary purposes of wildlife and habitat management and providing opportunities for wildlife-dependent recreation.
5.2 Fish and Wildlife
Wildlife found at the Ackerman parcel are typical of forests and forest edge habitats, including gray squirrel, eastern cottontail, white-tailed deer, eastern coyote, red fox, gray fox, raccoon, striped skunk, and wild turkey. River otter, fisher, bobcat, and black bear have also been documented at Five Rivers.
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Page 9 of 29 Nest boxes in the fields support Eastern bluebird, tree swallow, house wren, and an occasional American kestrel. The Vlomankill, surrounding riparian forest, and fields of various successional stages support a diversity of resident and migratory songbirds including Species of Greatest Conservation Need such as Louisiana waterthrush, brown thrasher, blue-winged warbler, and prairie warbler. Since 2000, DFW has operated a MAPS station (Monitoring Avian Productivity and Survivorship) that is largely located on this part of Five Rivers. This bird banding effort has yielded insights into breeding bird diversity on the area. Game birds are no longer fostered on this property and, for reasons noted in the introduction, DEC does not plan to resume that activity.
Wildlife found at Coeymans Creek WMA are typical of forests and forest edge habitats, including white- tailed deer, wild turkey, ruffed grouse, gray squirrel, eastern cottontail, coyote, and an occasional black bear. Furbearers such as coyote, raccoon, fox, fisher, beaver, otter, bobcat, and mink also occur on the WMA. Since this property is located in the Hudson River flyway, it attracts a wide variety of birds during spring and fall migration. Brown trout occur in sections of Coeymans Creek. American toad occur on the WMA and the state atlas of reptiles and amphibians shows nearby records of wood turtle, milksnake, and wood frog. Other herpetofauna likely to occur on the WMA (based on habitat and species distribution) include snakes (Eastern garter, ring-necked, Dekay’s, northern redbelly, northern watersnake, possibly ribbon), turtles (snapping, painted, northern map, red-eared slider), salamanders (eastern red-backed, two-lined, dusky, four-toed, red-spotted newt, spotted, and Jefferson), and frogs/toads (wood, spring peeper, gray treefrog, green, pickerel, northern leopard, Fowler’s toad).4 In the future, DFW will conduct surveys to identify additional species that occur on the WMA and incorporate this knowledge into management planning to improve habitat for wildlife. While game bird propagation is not feasible or desirable on the WMA, DFW does intend to use the WMA as a pheasant release site once public access sites and suitable habitat are created and maintained.
5.3 Habitat
The Ackerman parcel was historically in agricultural use and still bears remnants of open fields with some patches of grassland totaling approximately 19 acres. The remaining acres range from successional shrublands to mature forest. A portion of the parcel’s southwestern boundary follows the east bank of the Vlomankill, a class C(T) stream (may support trout spawning) surrounded by a riparian corridor. Habitat management is described in the 2007 Unit Management Plan and includes eradication of non- native, invasive plants and periodic mowing/brush hogging of the fields to ensure various successional stages of grassland, old field, and shrubland. Management activities are implemented to create and improve habitat for wildlife but also to provide opportunities for educational programs.
Much of the Coeymans WMA is a fairly flat, forested wetland cut by deep ravines that drop down to Coeymans Creek, though the majority of the wetlands are fairly dry most of the year. On the east side of the creek there are two small, mowed fields and one larger field of about 25 acres, which is currently overgrown with invasive common reed (Phragmites) that DFW plans to manage. There is also a gas line right-of-way running north-south through the WMA that is maintained as grass. On the east side of the creek is an 8-acre field and about 12 acres of sloping early successional shrubland and floodplain that meet up with Coeymans Creek. The WMA includes over 7,100 feet of frontage on Coeymans Creek, a
4 Likelihood of herpetofauna occurrence on Coeymans Creek WMA. Due to close proximity and similar habitat, these species are also likely to occur on the Ackerman parcel.
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Page 10 of 29 class C(TS) stream that may support trout spawning and provides the WMA’s most suitable habitat for reptiles and amphibians. Species distribution models predict that Coeymans Creek provides suitable wood turtle habitat. DFW plans to develop a habitat and access management plan for the WMA in the near future.
5.4 Threatened and Endangered Species
Federal listed species: The northern long-eared bat (Threatened), Indiana bat (Endangered), and Karner Blue Butterfly (Endangered) are present in Albany County (IPaC 2021).
Northern long-eared bat may potentially be present on the Ackerman parcel; the parcel is located within five miles of several hibernacula in the Helderberg Escarpment. Indiana bat and Karner Blue Butterfly do not occur on the Ackerman parcel and suitable Karner habitat is not present.
Indiana bat may potentially be present on the Coeymans Creek WMA; the WMA is located within 2.5 miles of a hibernaculum in the Helderberg Escarpment. Northern long-eared bat may potentially be present; however, the WMA does not overlap with any known occurrences. Karner Blue Butterfly do not occur on the WMA and suitable habitat is not present.
State listed species: Henslow’s sparrow (Threatened) was documented breeding one mile from the Ackerman parcel in the 1980s; however, the species is not known to have occurred on the parcel. Wood turtle (Special Concern) may occur on the parcel but was last observed there in 2007. Bald eagle (Threatened) and peregrine falcon (Endangered) have occasionally been observed, but these species are not known to nest or engage in other critical behaviors at Five Rivers.
Cut-leaved evening primrose (Endangered), American gromwell (Threatened), and northern harrier (Threatened) may occur on Coeymans Creek WMA based on historic records, although suitable harrier habitat is not currently present. Bald eagle has been observed near the property but is not known to nest or engage in other critical behaviors on the WMA. Wood turtle may occur on the WMA; one was collected 1,500m east of Coeymans Creek in 1994 and a known population exists 3 miles to the south.
5.5 Wetlands, Streams, and Water Quality
Approximately 0.5 miles of the Vlomankill flows along the Ackerman parcel’s western and southern boundaries. There is one state-regulated wetland (C-5), a floodplain forest adjacent to the Vlomankill, as well as a small area (approximately 1 acre) containing of a series of manmade freshwater ponds. DEC’s Division of Water assessed water quality of the lower Vlomankill as moderately impacted, based on macroinvertebrate sampling in 1998; the impact was attributed to poor habitat provided by the bedrock substrate. In 2001, a non-DEC assessment upstream near the Five Rivers Environmental Education Center found water quality was not impacted (Bode et al. 2004).
Approximately 1 mile of Coeymans Creek flows along the WMA’s western boundary, with a portion crossing through the WMA. There are no state-regulated wetlands, however, the National Wetlands Inventory shows several small, freshwater forested/shrub wetlands totaling less than 10 acres along the
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Page 11 of 29 creek, and much of the forested area is forested wetland. DEC’s Division of Water assessed water quality of Coeymans Creek as slightly impacted, based on macroinvertebrate sampling in 1998, with likely stressors including nonpoint source nutrient enrichment, municipal/industrial inputs, and siltation (Bode et al. 2004).
5.6 Noise
Both properties are affected by noise from permanent, nearby sources. The Ackerman parcel is within 0.2 miles of an active railroad track, and the eastern boundary of Coeymans Creek WMA is adjacent to the New York State Thruway.
5.7 Cultural and Historical Resources
Both properties are located within an Indian Nation Area of Cultural Concern (Delaware and Mohawk/Mohican); these areas have been identified by Indian Nations as ancestral habitation areas. Both properties are also located within archaeological sites of sensitivity; these are areas where the discovery of archaeological sites is predicted.
The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) State Historic Preservation Office’s (SHPO) Cultural Resource Information System (CRIS) indicates that the Ackerman parcel is located within the Delmar Experimental Game Farm Historic District. The CRIS also indicates that at least one review of the area has been previously conducted (CRIS Consultation Project Reference #14PR04587).
Coeymans Creek WMA has been more extensively studied. Numerous consultations, archaeological field reconnaissance surveys and site evaluations, and subsequent reports were completed prior to acquisition by DEC, when the City of Albany was considering the property for use as a landfill (CRIS Survey Reference #04SR54670, #04SR54671, #19SR00202). In 2019, DFW consulted with the OPRHP prior to road repair and development of plans for two small parking lots to provide public access at the new Coeymans Creek WMA (CRIS Consultation Project Reference #19PR01728, #20PR01266). OPRHP’s archaeology experts informed DFW that several precontact sites had been identified in the vicinity of the WMA (OPRHP 2019).
5.8 Public Use, Access, and Recreation
Recreation opportunities at Five Rivers include environmental programs, guided lessons and special programs, wildlife observation and photography, walking/hiking, snowshoeing, and cross-country skiing. The current primary use—environmental education—is not an eligible activity for WSFR funding. Hunting and trapping are prohibited on DEC’s environmental education centers and fishing is allowed only at designated areas per 6 NYCRR §623.1. Consequently, some species (e.g., white-tailed deer) behave less cautiously near people, providing a unique wildlife observation experience. Additional information about public use and recreation is available in the Five River’s Unit Management Plan. Access to the Ackerman parcel is via administrative roads and numerous trails, with public parking provided at the nearby Five Rivers Visitor’s Center.
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Page 12 of 29 Recreation opportunities on Coeymans Creek WMA are typical of those on properties within DFW’s WMA system, and include hunting, trapping, fishing, wildlife observation, as well as secondary, compatible uses such as walking/hiking. Deer hunting is likely the most common activity that occurs on this property. Public use activities follow the regulations in 6 NYCRR §51.1. DFW plans to develop an access and public use plan for the WMA in the near future. Currently, there is one parking lot on the west boundary of the property and DFW is exploring an additional point of access from the east (under the New York State Thruway).
5.9 Socioeconomic Environment and Environmental Justice
Albany County has a diverse mix of urban, suburban, and rural areas, including the state capital city of Albany. The county population is 305,503 and is 72% white; 14% Black or African American; 7% Asian, 6% Hispanic or Latino; and <1% American Indian, Native Alaskan, Native Hawaiian or Other Pacific Islander, or Other. There are 142,892 housing units and the poverty rate is 12% (U.S. Census Bureau, 2019). Neither the Ackerman parcel nor Coeymans Creek WMA is within an environmental justice area and they are a comparable distance from the nearest EJ area in Albany (5 miles vs. 7.5 miles, respectively). Environmental justice areas are shown in Appendix A, Figure 1.
6.0 ENVIRONMENTAL CONSEQUENCES
DFW considered the potential effects of the no action alternative and the preferred alternative in terms of impact type (beneficial, adverse, none), significance (significant or minor), timing and proximity (direct, indirect, or cumulative), and duration (permanent or temporary).
Due to the nature of the issue being analyzed in this EA—resolution of loss of control with replacement of an equivalent property—there are no adverse impacts to the physical environment or biological resources. Both properties and their resources are permanently protected as state land. However, there are significant beneficial effects related to several of the potential impact topics. These are briefly discussed below and compared in Table 1.
6.1 General Land Use and Administration
The Ackerman parcel and Coeymans Creek WMA are comparable in terms of geographic location, proximity to Albany, and status as permanently protected public land. These similarities were among DFW’s primary factors in proposing the WMA as a suitable replacement parcel. There is no conversion of land use at either property under either alternative. Consequently, there are no impacts under the no action alternative. Under the preferred alternative, the formal change in administration of the Ackerman parcel by removing the federal nexus represents a significant, direct, permanent impact. The Ackerman parcel would be fully administered by DEC’s Division of Operations with state funds and without a connection to the WSFR program, while Coeymans Creek WMA, as the replacement property, would gain a federal nexus.
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Page 13 of 29 6.2 Fish and Wildlife
Due to their similar geographic location and habitat types, fish and wildlife present on the Ackerman parcel and Coeymans Creek WMA are generally comparable. Under the no action alternative, there are no direct impacts to fish and wildlife. Since hunting is not allowed on the Ackerman property, high deer density may potentially lead to adverse effects on wildlife habitat (e.g., over browsing, selective browsing) and human health (e.g., high tick populations increase the risk of tick-borne diseases for visitors or adjacent landowners). Minor, direct, temporary impacts to wildlife may also potentially occur from disturbance or displacement of individuals during activities such as wildlife observation, walking/hiking, snowshoeing, or cross-country skiing.
Under the preferred alternative, the impacts to fish and wildlife include direct mortality/harvest from hunting, trapping, and fishing; this is an expected, legal, and regulated use of resources on WMAs. For some species, such as deer, this impact is beneficial at the population level (i.e., reducing overabundant deer) and/or landscape scale (i.e., reducing deer browse impacts on forest regeneration). Minor, direct, temporary impacts may potentially occur from disturbance or displacement of individuals during activities such as wildlife observation or secondary activities such as walking/hiking.
6.3 Habitat
The wildlife habitat available on the Ackerman parcel and the WMA is similar—fields, forests, small freshwater wetlands, stream segments—with the only significant different being the amount available on each parcel. These similarities were among DFW’s considerations in proposing the WMA as a suitable replacement parcel. Any potential future actions on either property (e.g., habitat management) are carefully screened for potential impacts to resources prior to implementation. Consequently, there are no impacts under the no action alternative. Under the preferred alternative, habitat management (e.g., eradicating invasive species) on the WMA would have a significant, beneficial, direct impact on wildlife, and may be permanent or temporary depending on the type, scale, and frequency of management.
6.4 Threatened and Endangered Species
There are no occurrences of federally listed threatened and endangered species on either the Ackerman parcel or Coeymans Creek WMA (as mapped by the New York Natural Heritage Program). Consequently, no adverse impacts to or beneficial effects of threatened and endangered species (e.g., opportunities for wildlife observation) are expected under either the no action alternative or the preferred alternative.
However, both properties are within five miles of occurrences of listed bat species and may provide roosting or foraging habitat. There are no impacts to bats under the no action alternative; Five Rivers does not engage in forest management or any other action that would potentially impact bat habitat. The preferred alternative has a minor, beneficial, permanent impact of potentially improving our understanding of the distribution and occurrence of listed bats. Prior to implementing any activity on a WMA that may potentially impact bat habitat (e.g., managing forests for wildlife), DFW conducts acoustic surveys following the Service’s Range-wide Indiana Bat Survey Guidelines. If surveys indicate probable presence of listed bats, DFW cancels, modifies, or seasonally restricts the activity and archives all data.
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Page 14 of 29 6.5 Wetlands, Streams, and Water Quality
There are no potential impacts to wetlands, streams, or water quality under the no action alternative because the Ackerman parcel is state land where wetlands and other aquatic resources are protected. Additionally, the state-regulated wetland surrounding a segment of the Vlomankill is protected under the Freshwater Wetlands Act (New York State Environmental Conservation Law, Article 24: Freshwater Wetlands).
The preferred alternative affords a significant, beneficial, permanent impact in that Coeymans Creek WMA provides protection of and access to approximately twice the amount of stream frontage compared to the Ackerman parcel (approximately 1 mile of Coeymans Creek vs. approximately 0.5 miles of the Vlomankill). The associated public use of these resources is discussed in section 6.8 below. There are no potential adverse impacts because these areas will be protected from development and any future action (e.g., habitat management, access improvements) near wetlands or streams will follow best management practices such as the New York State Forestry Best Management Practices for Water Quality. Wetlands, streams, seeps, vernal pools, and other water resources or aquatic habitats are also protected as special management zones during implementation of management actions on state lands.
6.6 Noise
There are no impacts or differences between the no action alternative and the preferred alternative.
6.7 Cultural and Historical Resources
There are no impacts to cultural and historical resources, or any differences between the no action alternative and the preferred alternative. Any action on state lands that may potentially affect cultural or historical resources is appropriately evaluated per the National Historic Preservation Act when there is a federal nexus (such as WSFR funding), or the State Historic Preservation Act when there is no federal nexus. Therefore, regardless of which alternative is ultimately selected, DEC will continue to consult with a state historic preservation officer and protect areas on state lands where these resources occur.
6.8 Public Use, Access, and Recreation
There are four significant, beneficial, direct and permanent impacts of the preferred alternative: scale, big game hunting, fishing, and lack of adjacent development. Coeymans Creek WMA provides public access to nearly four times the amount of public land as the Ackerman parcel. Since the WMA is located in a different Wildlife Management Unit (4B), hunting deer and bear with firearms, muzzleloaders, longbows, and crossbows is allowed. The WMA also provides opportunities for fishing; it borders approximately 1 mile of Coeymans Creek where self-sustaining populations of wild brown trout were documented by DFW in a 2007 survey. Finally, the location of the majority of the property between the New York State Thruway and Coeymans Creek isolates the property and provides a substantial barrier to future adjoining development. These factors significantly impact the opportunity for wildlife-dependent recreation on the WMA and are the greatest benefits of the replacement property.
In contrast, suburban development has surrounded the Ackerman parcel over the 80 years since acquisition. Due to the size of the parcel and surrounding development, even in the best of
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Page 15 of 29 circumstances current opportunity for recreational hunting would be substantially limited. The Ackerman tract falls within Wildlife Management Unit 4J, where hunting for big game is restricted to archery only. The Ackerman parcel does not provide opportunities for fishing, although fishing instruction is provided through education programs at Five Rivers. There is no impact to recreation opportunities under the no action alternative.
6.9 Socioeconomic Environment and Environmental Justice
The Ackerman parcel and Coeymans Creek WMA are both located in suburban areas within 10 miles of Albany. Both provide free access to outdoor space and recreational opportunities to all visitors, although neither property is currently accessible via public transportation. Neither the no action alternative nor the preferred alternative would result in adverse impacts to minority communities or low-income populations. The preferred alternative has a beneficial, significant, direct, permanent impact on local communities by providing access to over 360 acres for wildlife-dependent recreation opportunities including hunting big game with firearms. Beyond the recreational value, hunting provides people with an opportunity to harvest local, wild game as food for their households. People value wild game for food security, food sovereignty, self-sufficiency, environmental/ecological or ethical reasons. While this benefit is no longer available at the Ackerman parcel, the opportunity to harvest wild game at Coeymans Creek WMA is a significant benefit of the replacement property.
7.0 COMPARISON OF ENVIRONMENTAL CONSEQUENCES
A comparison of the effects, impacts, and differences of the no action alternative and the preferred alternative is provided in Table 1. There are numerous comparable species present and similar public uses that render Coeymans Creek WMA a suitable replacement property for the Ackerman parcel. Additionally, there are significant, positive benefits including public access to nearly four times the amount of public land, additional hunting opportunities, and access for fishing.
Table 1. Summary of impacts by alternatives.
No Action Alternative: Preferred Alternative: Impact Topic Ackerman Parcel Coeymans Creek WMA Significant effect on the federal General Land Use and No impact nexus of both properties, which Administration affects funding and administration No direct impact; Potential indirect Direct impacts to wildlife from impact on habitat from deer hunting, trapping, and fishing Fish and Wildlife overbrowse due to no hunting; (mortality); Potential indirect impact Potential indirect impact on wildlife on wildlife from human disturbance from human disturbance Direct impact via potential future Habitat No impact habitat management
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Page 16 of 29 No direct impact; Potential benefit Threatened and No impact of gaining information about bat Endangered Species occurrences Direct impact via protection of 1 Wetlands, Streams and No impact mile of stream and associated Water Quality recreation opportunities
Noise No impact No impact
Cultural and Historical No impact No impact Resources Significant benefit via access to more public land, increased wildlife- Public Use, Access, and dependent recreation opportunities No impact Recreation (hunting, trapping, fishing), and buffered from adjacent development Direct impact via greater wildlife- dependent recreation opportunities Socioeconomic and No impact for local urban, suburban, and rural Environmental Justice communities, including harvesting wild game for food
8.0 CUMULATIVE IMPACT
There are no anticipated cumulative impacts of either the no action alternative or the preferred alternative.
9.0 CONSULTATION, COORDINATION AND PUBLIC INVOLVEMENT
Consultation and coordination: DFW prepared this draft EA in consultation and coordination with the U.S. Fish and Wildlife Service; DEC Division of Operations, Five Rivers Environmental Center; DEC Region 4 Bureau of Wildlife; and resources made available by the OPRHP’s State Historic Preservation Office.
Public involvement:
DFW made this EA available to the public by posting to the NY State Environmental Notice Bulletin (ENB) for a thirty-day public comment period (3/10/2021 to 4/10/2021). We received one comment, which was in support of the preferred alternative (see Appendix C).
Following the public comment period, DFW and the Service will review and consider any substantive comments received and, if necessary, DFW would prepare a final EA in consultation with the Service.
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Page 17 of 29 The Service will then determine whether or not the proposed action has the potential to significantly affect the quality of the human or natural environment, and either prepare a Finding of No Significant Impact (FONSI) or request that DFW prepare an Environmental Impact Statement (EIS) to further address the issue.
10.0 LIST OF PREPARERS
Katherine Yard, DFW, Wildlife Biologist
Beth Cooper, DFW, Fish and Wildlife Technician 2
William Hoffman, DFW, Fish and Wildlife Technician 1
Katherine Barnes, DFW, Cartographic Specialist
Marcelo del Puerto, DFW, Habitat Management and Access Section Head
Doug Stang, DFW, Assistant Division Director (retired)
11.0 REFERENCES
Bode, R.W., M.A. Novak, L.E. Abele, D.L. Heitzman, and A.J. Smith. 2004. 30 year trends in water quality of rivers and streams in New York State, based on macroinvertebrate data 1972-2002. New York State Department of Environmental Conservation, Division of Water, Stream Biomonitoring Unit. Albany NY.
Codes, Rules, and Regulations of the State of New York (NYCRR) Title 6. Chapter 1. §1.11 Deer hunting seasons and §1.31 Hunting black bear. Available at https://www.dec.ny.gov/regs/2494.html and https://govt.westlaw.com/nycrr.
Codes, Rules, and Regulations of the State of New York (NYCRR) Title 6. Chapter 6. §623.1 Use of environmental education centers. Available at https://www.dec.ny.gov/education/1835.html and https://govt.westlaw.com/nycrr.
Codes, Rules, and Regulations of the State of New York (NYCRR) Title 6. Chapter 1. Subchapter G. §51. Public use of state Wildlife Management Areas. Available at https://www.dec.ny.gov/outdoor/7768.html and https://govt.westlaw.com/nycrr.
Five Rivers Tributary newsletter. Vol. 1-No. 1 and Vol 1 – No.2. April 1972 and May 1972. Five Rivers Environmental Education Center, Game Farm Road, Delmar, NY 12054.
Forever Wild. Industry & the Hudson River in Coeyman’s. 8 August 2018. 5 pgs.
NYS Department of Environmental Conservation (DEC) Division of Public Affairs and Education. 2007. Five Rivers Environmental Education Center Draft Unit Management Plan. Available at https://www.dec.ny.gov/docs/administration_pdf/5riversplan.pdf.
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Page 18 of 29 NYS Department of Environmental Conservation (DEC) Division of Fish and Wildlife. 2018. Land Acquisition Project Details and Development Strategy for Coeymans Creek WMA. 2 pgs.
NYS Department of Environmental Conservation (DEC). 1970. Hunting-trapping-fishing for 1970-71.
NYS Office of Parks, Recreation, and Historic Preservation (OPRHP). 2019. Archaeology comments and Phase 1 archaeological survey recommendation for Coeymans Hollow Parking East, Project Reference #19PR01728. 1 pg.
The Spotlight. News article in February 17, 1972 issue, page 13-14 and in June 22, 1972 issue, page 38.
U.S. Census Bureau. 2019. QuickFacts: Albany County, New York. Available at https://www.census.gov/quickfacts/fact/table/albanycountynewyork/PST045219.
USFWS Federal Aid Grant File, W-2-L. Preliminary Project Statement Land Acquisition as required by Federal Aid in Wildlife Restoration Act (50 Statue 917). 3 August 1938.
USFWS Information for planning and Consultation (IPaC). Accessed 1/14/2021. Available at: https://ecos.fws.gov/ipac/location/index.
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Page 19 of 29 12.0 APPENDICES
Appendix A. Maps
Figure 1. Locator map showing the Ackerman parcel at Five Rivers Environmental Education Center and Coeymans Creek Wildlife Management Area, as well as proximity to environmental justice areas in the City of Albany, NY.
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Figure 2. Location of the Ackerman parcel within DEC’s Five Rivers Environmental Education Center.
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Figure 3. History of land acquisition at Five Rivers Environmental Education Center, showing acquisition of the Ackerman parcel (blue) with federal funds in 1939. The remaining parcels comprising Five Rivers were acquired with various state funds.
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Figure 4. Map of Coeymans Creek WMA.
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Page 23 of 29 Appendix B. Habitat and Recreation Benefits Matrix
Table 2. Comparison of wildlife habitat, wildlife population presence, recreational opportunities, and proximity to local population centers for the Ackerman Tract and Coeymans Creek WMA, both located in Albany County. Ackerman Parcel Property Characteristic Coeymans Creek WMA (at the time of purchase) Acreage 94 362
Fish and Wildlife Large game species (deer, bear) Unlikely present Present Small game species (turkey, coyote, squirrel, Present – except turkey and Present rabbit, grouse, etc.) coyote Furbearer species (fox, bobcat, skunk, Present – except fisher, Present beaver, fisher, muskrat, mink, etc.) bobcat and beaver Migratory birds Present Present Game fish species Not present Present Nongame fish species Not present Present Aquatic invertebrates (freshwater mussels) Not present Present Reptiles & amphibians Present Present
Habitat 211.5 (not including Forest 15 acres (timber) forested wetlands, see below) 79 acres – manageable (72 Shrubland/Grassland acres agriculture, 2 acres 49 acres - manageable wild hay, 5 acres brush) 10 acres (100.5 acres if Wetland Small pond including forested wetland)
Public Use, Access, and Recreation Big game - unavailable Big game - available Small game - available Small game - available Hunting Furbearer - available Furbearer - available Waterfowl - available Waterfowl - available Small game - available Small game - available Trapping Furbearer - available Furbearer - available Wildlife observation Available Available Fishing Unavailable Available
Local Population Centers Albany 7 miles 10 miles Schenectady 13.5 miles 22.5 miles Troy 13 miles 17 miles Saratoga 32.5 miles 40 miles
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Page 24 of 29 Appendix C. Public Comment
From: President of the Board
ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.
We are writing to express our support for the Department of Environmental Conservation’s (DEC) Division of Fish and Wildlife's recommended preferred alternative action to resolve issues of the administration of the "Ackerman parcel" at the Five Rivers Environmental Education Center as indicated in the Draft Environmental Assessment for Replacement of the Ackerman Parcel with the Coeymans Creek Wildlife Management Area (WMA).
The mission of Friends of Five Rivers is to support environmental education at Five Rivers Environmental Education Center as well as to enhance the experience of visitors to Five Rivers and to promote the interests of the Center. The preferred alternative action proposed in the draft environmental assessment is the alternative that most fully conforms with our mission.
The preferred alternative would ensure that use of the 94-acre Ackerman parcel remains part of and consistent with the use of the other 450+ acres of land at the Five Rivers Environmental Education Center as an outdoor classroom for guided lessons, a place for the public to enjoy the many trails at the Center for hiking, cross-country skiing, and snowshoeing, and as a nature preserve where there is opportunity for people to observe wildlife in their natural habitat.
By exchanging the Ackerman parcel at the Center for available lands acquired by DEC with state funds in 2019 at the Coeymans Creek WMA, there are positive environmental and recreational benefits for all interested parties. The Coeymans Creek WMA would be protected public lands available for hunting, trapping, fishing, wildlife observation, as well as secondary, compatible uses such as walking/hiking.
As indicated in the draft Environmental Assessment, use of the Ackerman parcel as a wildlife management area is incompatible with a nature preserve in a suburban residential area and as an environmental education center. The no-action alternative would not resolve the conflict in the use agreement between the U.S. Fish and Wildlife Service and the Five Rivers Center when the property was first conveyed to the Delmar Game Farm in 1938.
We strongly support and urge resolution of this matter by allowing the land exchange proposed.
Randal Coburn
Board President
Friends of Five Rivers, Inc.
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Page 25 of 29 FINDING OF NO SIGNIFICANT IMPACT
Ackerman Parcel - Land replacement Albany, NY Wildlife Restoration Grant Program Acquired Lands
Background
The New York State Department of Environmental Conservation (DEC) acquired the Ackerman parcel, consisting of 94 contiguous acres, with Federal funds in 1939 to become a part of the Delmar Experimental Game Farm and Wildlife Research Center. The original intent for acquisition included game bird propagation (ring-necked pheasant, quail), management of several species (e.g., black ducks, mallards, white-tailed deer, muskrats, ruffed grouse, cottontail rabbits), hunting, and protection from development. In the early 1970s, DEC dissolved Game Farm operations on the 243-acre property and developed plans to convert the land to an environmental education center by the summer of 1972. Currently, Five Rivers Environmental Education Center (Five Rivers)—now 450 acres including the Ackerman parcel and other parcels acquired entirely with state funds—is used for student and public education programs related to nature and the environment, along with opportunities for the public to observe wildlife and hike through interpretive nature trails. Due to the current uses of Five Rivers and management of the property under DEC Division of Operations rather than DEC Division of Fish and Wildlife (DFW), as well as the surrounding suburban development, certain activities, such as hunting and trapping, are not permitted. Per review by DFW and the U.S. Fish and Wildlife Service (Service), it was determined that these secondary uses interfere with the authorized purpose and original intent of the grant, resulting in the need to find a suitable replacement property.
The purpose of this action is to resolve DFW compliance with the 1939 grant agreement between DEC and the US Fish and Wildlife Service (Service) for the acquisition of the Ackerman parcel. DEC acquired this property with Federal funds under the Pittman-Robertson Wildlife Restoration Program (PR Wildlife Program) for the purposes of protecting wildlife and habitat and allowing compatible wildlife-dependent recreation, in perpetuity. During a 2018 audit of DFW’s use of Federal funds from the PR-Wildlife Program, the Service determined that DFW had lost management control of the Ackerman parcel. Per the regulations governing the PR- Wildlife Program, in the event that DFW loses control of the property, either control must be fully restored to DFW or the property must be replaced with like property of equal value at current market prices and equal benefits. Since control over the Ackerman parcel cannot be fully restored, DFW proposes to replace the property with the Coeymans Creek WMA.
Proposed Actions and Alternatives Considered
The Environmental Assessment (EA) examines two alternatives for resolving the issues surrounding control of the Ackerman property that are analyzed in detail: the No-action Alternative and the preferred alternative, which is the Proposed Action.
Page 26 of 29 Under the no action alternative, DFW continues to operate the parcels and does not resolve loss of control of the Ackerman parcel. DFW would fail to address the Service’s determination and corrective actions from the 2018 audit and remain in breach of the terms and conditions within the 1939 grant agreement. It is in the best interest of both DFW and the Service to resolve this issue, and both parties have agreed to work together on a viable solution. This alternative provides the baseline for comparison of the preferred alternative.
Alternative B examines the preferred alternative, which is for DFW to acquire title to another parcel of real property of equal value that serves the same approved purpose as the original property and to manage the newly acquired real property for same purposes specified in the original grant agreement. In 2019, DFW acquired the title to Coeymans Creek WMA, located in the Town of Coeymans, Albany County, NY. The 362-acre WMA offers comparable proximity to the City of Albany; similar fish, wildlife, and habitat resources.
In addition, DFW considered a number of alternatives that were not analyzed in detail.
Alternative 1, which is to repay the Service, in cash, the proportionate federal share of funds invested in the original purchase price of the Ackerman parcel ($9,250), or to repay the Service, in cash, the proportionate federal share of the current fair market value of the property, or any portion thereof, whichever is higher. A financial transaction between DFW and the Service would not provide any immediate, tangible, or local benefits for wildlife and habitat conservation or wildlife-dependent recreation. Further, this alternative would require DFW to reallocate state funds that were slated for other purposes, which would adversely affect DFW’s overall delivery of wildlife and habitat programs.
Under Alternative 2, DFW would withdraw the Ackerman parcel from the Five Rivers Environmental Education Center and reclassify the area as WMA. This alternative is not feasible for two reasons. First, state regulations and the suburban development surrounding the Ackerman parcel limit the feasibility of opening the parcel to hunting. Furthermore, the only access to the Ackerman parcel is through Five Rivers property, and hunting, trapping, and firearms are prohibited on DEC’s environmental education centers. Second, this alternative would significantly compromise the mission, connectivity, infrastructure, daily operation, and delivery of programs at Five Rivers. The Ackerman parcel is centrally located within the Five Rivers campus and represents one fifth of Five Rivers’ total acreage. The diverse habitat of the parcel contains core areas where Five Rivers staff deliver public programs, including approximately three miles of trails and eight instruction sites. These programs are beneficial to local schools and communities and have long been valued in the greater Albany area. Changing the administration of the Ackerman parcel and introducing additional types of wildlife-dependent recreation would directly conflict with the mission of Five Rivers, especially since the surrounding parcels would remain classified as environmental education center. For these reasons, DFW did not further consider this alternative.
For alternative 3, DFW considered transfer the Ackerman parcel to the Service or to a third-party designated or approved by the Service. This alternative is not viable for the same reasons as Alternative 2, above. Due to state regulations prohibiting hunting big game with firearms within Wildlife Management Unit 4J, neither the Service nor a third party would be able to restore this
Page 27 of 29 type of public use. Further, transferring ownership of this parcel from DEC to another party would compromise the mission, connectivity, infrastructure, daily operation, and delivery of educational programs at Five Rivers. Notably, this alternative is provided as a “last resort” in the grant agreement. For these reasons, DFW did not further consider this alternative.
Discussion
DFW made this EA available to the public by posting to the NY State Environmental Notice Bulletin (ENB) for a thirty-day public comment period (3/10/2021 to 4/10/2021). We received one comment, which was in support of the preferred alternative.
As outlined in the EA, the proposed action would have minimal, short and long term effects on fish and wildlife, habitat, streams and water quality, and public uses. Impacts are associated with allowing hunting, fishing, trapping, and other public uses of the Coeymans Parcel, which will have a direct impact on the species that are taken as a part of those activities and indirect impacts from disturbance from human use of the area. Positive impacts to wildlife habitat and streams on the Coeymans Parcel will occur based on the potential for future habitat management projects and protection of one mile of Coeymans Creek and one half mile of the Vlomankill. Positive impacts to public uses will be realized with the addition of a variety of public uses that will be allowed on the Coeymans Parcel.
Determination
I have determined that the Environmental Assessment meets National Environmental Policy Act requirements of the U.S. Fish & Wildlife Service. I find that a reasonable range of alternatives were considered in the evaluation of this project. Study of the effects of the preferred alternative on the issues considered has shown that the proposed action will not have a negative impact on the quality of the human environment. I have determined that replacement of the Ackerman parcel with the Coeymans Parcel, is not a major Federal action that would significantly affect the human environment within the meaning of Section 102(2)(c) of the National Environmental Policy Act of 1969. The Environmental Assessment was prepared by the New York State Department of Environmental Conservation, in cooperation with the Service.
______Colleen Sculley, Regional Manager Date Wildlife and Sport Fish Restoration Program
References:
Ackerman Replacement Environmental Assessment
Page 28 of 29 United States Department of the Interior FISH AND WILDLIFE SERVICE 300 Westgate Center Drive Hadley, MA 01035
May 28, 2021
In Reply Refer To: FWS/IRO1/WSFR
Tony Wilkinson, Director Division of Fish and Wildlife Department of Environmental Conservation 625 Broadway Albany, NY 12233-1500
Dear Director Wilkinson:
We wanted to thank you and your staff for your recent efforts to resolve the Corrective Action A. Loss of Control over Real Property from Audit Report No. 2017-EXT-051 related to the Five Rivers Environmental Education Center.
This letter constitutes approval for the acquisition of the Coeyman Creek WMA as the replacement property for the Ackerman track purchased in 1939 through the U.S. Fish and Wildlife Service’s Wildlife Restoration Program, grant agreement number W-2-L grant.
Please record and send us a copy of the recorded Notice of Federal Participation (NOFP) no later than June 25, 2021 so that we can include this in our documentation to resolve the Corrective Action and close out the audit.
If you have any questions, please contact Jason Rasku at 413-253-8216.
Sincerely,
Colleen E. Sculley Chief, Division of Wildlife and Sport Fish Restoration cc: Michael Schiavone Marcelo delPuerto
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