HABITAT ASSESSMENT REPORT

HABITAT ASSESSMENT REPORT

For

SECTION 10 BLOCK 1 LOTS 56.2, 56.3

TOWN OF GOSHEN, ORANGE COUNTY, NY

May 2006 Revised October 2006

Prepared for:

Epic Orange, LLC 940 South Avenue

Westfield, NJ 07090

Prepared by:

A. Vincent Agovino, Ph.D., Managing Member A V Agovino Associates, LLC

12 Hastings Lane Hainesport, NJ 08036

609-518-6714

______________________________________ Professional Wetland Scientist No. 000241

A.V. Agovino Associates, LLC Consulting Environmental and Wetland Professionals

12 Hastings Lane, Hainesport, NJ 08036 609-518-6714 Fax: 609-518-6715

www.avaeci.com

This page is left intentionally blank

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A. V. Agovino Associates, LLC

Table of Contents INTRODUCTION ........................................................................................................................................ 3 METHODOLOGY....................................................................................................................................... 4 EXISTING HABITAT ................................................................................................................................. 5 INVENTORY.............................................................................................................................................. 11 SPECIES ASSOCIATED WITH HABITAT TYPES ............................................................................. 15 POTENTIAL IMPACTS OF PROPOSED PROJECT ACTIVITY...................................................... 19 MIGRATION AND MITIGATION MEASURES .................................................................................. 20 REFERENCES UTILIZED....................................................................................................................... 22 QUALIFICATIONS OF PREPARER...................................................................................................... 24 SITE PHOTOGRAPHS............................................................................................................................. 27 APPENDICES ............................................................................................................................................ 28

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1.0 Introduction

1.1 Site Description The subject site consists of two parcels, totaling 77.06+ acres, known more specifically as Section 10, Block 1, Lots 56.2 and 56.3 in the Town of Goshen, Orange County, New York. The property is located on Cheechunk Road, just northwest of 6 ½ Station Road. The site has no permanent structures within its boundaries. Except for the two open fields that have been mowed in recent years and wells which were installed at the site for the proposed development, the property is void of any human activity. The parcel is a mix of wetlands and uplands. There are a total of 23.82 acres of wetlands, regulated by either the New York State Department of Environmental Conservation or the US Army Corp of Engineers. The wetlands are situated predominantly on the western and eastern portions of the site. The property slopes gently on the western edge with some steep slopes to the east, above the meadow. Elevations range from 518 feet above mean sea level in the south central part of the site, to 382 feet above mean sea level at the extreme northern end of the site. Surface water tends to flow northwest or east from a centerline drawn along the ridge that lies approximately in the center of the site, finally draining into large wetlands to the southeast and northwest respectively. The site lies in the drainage basin of the Wallkill River.

1.2 Adjacent Land and Uses Adjacent land uses are municipal, residential and vacant (zoned commercial or residential). To the southwest lies property owned by Orange County. This property is currently used as a detention facility, but is also the proposed site for a regional 911 dispatch and training center. Residential properties are located primarily to the west. There is a property owned by the Orange County Chapter of the National Audubon Society at the project property’s southern corner. Described as a “62.3 acre marsh complex”, the site is available for birding and contains trails and a parking area. Across Cheechunk Road to the east, the travel lanes of Route 17 and the state highway property form much of the eastern border. Except for a small out parcel that is currently before the Goshen Planning Board for approval as a commercial office complex, the southeastern property line is formed by 6 ½ Station Road.

1.3 Proposed Development The proposed project is a mix of residential dwelling units. That portion of the property which lies south of Cheechunk Road is proposed to be developed as an active adult community comprised of 154 townhomes and flats and a clubhouse. The remaining portion of the project, consisting of 7 single family homes, is proposed for the property north of Cheechunk Road. Water will be provided from wells located on the site, and sewer service will be provided by the Village of Goshen through an outside user agreement.

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2.0 Methodology A. V. Agovino Associates, LLC (AVAA) conducted a complete environmental and ecological review of the site, which included a request for information from appropriate Federal and State agencies regarding the potential for the presence of rare, threatened or endangered species on the site; several field surveys conducted between November 2004 and April 2006 for the purpose of documenting and inventorying existing vegetation and habitat cover types, plant and wildlife species; and where appropriate, an examination of adjacent parcels for the purpose of determining the presence of wildlife corridors or other zones of influence which exist beyond the project’s boundaries.

2.1 Agency Inquiries A written inquiry was made to the New York State Department of Environmental Conservation, Natural Heritage Program (NHP) and the United States Fish and Wildlife Service (USFWS) to obtain information concerning records relating to the presence of rare, threatened or endangered species or significant habitats on or near the subject site. The agencies responses indicated that studies should be conducted to ascertain the presence or absence of bog turtles, Indiana bats and rough avens (vascular plant). Copies of these response letters are included in Appendix B.

2.2 Vegetation and Habitat Field Inventory AVAA examined and inventoried the vegetation at the site over a period of 16 months, on 15 separate occasions. Specifically, site visits were made on November 23 and December 15, 2004, March 24, April 21, May 10 and 31, June 1, 8 and 22, August 11, September 28 and November 15, 2005 and March 23 and April 10, and 27, 2006. Field data sheets for these site visits are included in Appendix C. The examination included the identification of broad vegetation or habitat cover types, as well as specific plant species present on the site. General cover types were first identified by reviewing aerial photographs of the site and vicinity and then investigating the habitats for identification and classification purposes. Cover types were identified, classified and approximately mapped on maps prepared by Engineering Properties, P.C., of Walden, New York. These maps are included in Appendix A. Within each cover type, visual examination for herbaceous and woody plant species, or parts such as leaves, twigs, bark, seeds, flowers, fruits or other structures was conducted to identify and document on-site species. The Plot Transect method was employed for the vegetation inventory. In addition, the Opportunistic Encounter and Systematic Area Search Technique discussed in the Community Biodiversity Survey Manual prepared by the National Parks Association of New South Wales was utilized to supplement the inventory. (National Parks Association of New South Wales, 1998) The Nature Conservancy’s Designing Field Studies for Biodiversity Conservation (Feinsinger, 2001), the Hudsonia Ltd. Biodiversity Assessment Manual for the Hudson River Estuary Corridor (Kiviat and Stevens, 2001) and Ecological Census Techniques: A Handbook

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(Sutherland, 1996) were also utilized. Plants were identified to species level whenever possible. The list of identified vegetation is found in Section 4 of this report.

2.3 Wildlife Field Inventory Field surveys for wildlife species were conducted on 15 separate occasions over a period of 16 months. Specifically, site visits were made on November 23 and December 15, 2004, March 24, April 21, May 10 and 31, June 1, 8 and 22, August 11, September 28 and November 15, 2005 and March 23 and April 10, and 27, 2006. During each visit, AVAA conducted a survey to identify wildlife species including mammals, birds, reptiles and amphibians. Species listed as special concern or threatened and endangered were the subject of special surveys targeted to the specific habitats for those species. Accordingly, multiple methodologies were utilized to increase the potential accuracy. Methods for each are described below.

2.3.1 Mammals Mammalian species present or potentially present at the site were determined through identification of habitat, opportunistic sightings and search for scat, carcass and track marks. Sampling routes were established along transects through the property and included all cover types. The routes were walked and species recorded. Mammals identified were included on the data sheets appended to this report and are more fully discussed in Section 4 of this report.

2.3.2 Birds Similar methodology was employed to identify the presence and species of birds at the site and all findings were recorded on the appended field data sheets. Strip transects were conducted to record species seen or heard on a specific trail; other opportunistic sightings were also noted, nests were evaluated and a search for other indicators including feathers, droppings and tracks was conducted. Avian species identified as present or potentially present at the site was included on the data sheets and summarized in Section 4.

2.3.3 Herptiles (Reptiles and Amphibians) The least mobile species of vertebrates observed at the site belong to the reptilian and amphibian families. Herpetological species on the site were searched for by overturning stones, logs and other debris, especially in the areas in and adjacent to the freshwater wetlands. Species were located and identified by site or by sound (for vocal herptiles). 3.0 Existing Habitat No critical habitats were observed during the site investigations. "Critical habitat” is designated for threatened and endangered species by the U.S. Fish and Wildlife Service

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and defined as "a specific designated area declared essential for the survival of a protected species under authority of the Endangered Species Act."

Wetlands are emphasized in this report because of the extent of these areas throughout the project site and the fact that they contain most of the site’s floral and faunal diversity. Approximately 30 % of the total property is classified as wetlands, which are of moderate value as biotic communities.

3.1 Wetlands

3.1.1 Overall description, vegetation and acreage There are 9 identified wetland areas comprising 23.82 acres. Mapped New York State Department of Environmental Conservation (NYSDEC) wetlands are located in the north corner of the site and off-site, to the south. A description of the on-site wetlands (ACOE) and associated dominant vegetation is presented in Table 4-1 below:

Table 4-1: Wetland Areas Delineated

DEC Wetland

Designation & Area

(acres)

ACOE

Wetland

Designation &

Area (acres)

Wetland Description

A - 8.64 A - 10.95 Emergent wetland dominated by Carex stricta (Tussock Sedge, OBL), Typha latifolia (Common Cattail, OBL) & Polygonum sagittatum (Arrow Leaved Tear-Thumb, OBL). Scrub shrub wetland dominated by Lythrum salicaria (Purple Loosestrife, FACW+) w/ Cornus racemosa (red-panicle dogwood, NL) and Lonicera tartarica (Tartarian honeysuckle, NL)

B - 2.97 B - 3.44 Emergent wetland dominated by Carex stricta (Tussock Sedge, OBL), Typha latifolia (Common Cattail, OBL) & Polygonum sagittatum (Arrow Leaved Tear-Thumb, OBL) w/ Lythrum salicaria (Purple Loosestrife, FACW+)

C - 4.58 C - 5.78 Emergent wetland dominated by Carex stricta (Tussock Sedge, OBL), Typha latifolia (Common Cattail, OBL) & Polygonum sagittatum (Arrow Leaved Tear-Thumb, OBL) along gravel drive, w/ scrub shrub wetland dominated by Acer rubrum (Red Maple, FAC), Quercus palustris (Pin Oak, FACW), Cornus racemosa (red-panicle dogwood, NL) and Lonicera tartarica (Tartarian honeysuckle, NL) higher on the landscape.

N/A D - 0.69 Emergent wetland dominated by Symplocarpus foetidus (Skunk Cabbage, OBL), Typha latifolia (Common Cattail, OBL) & Polygonum sagittatum (Arrow Leaved Tear-Thumb, OBL) along gravel drive, w/ scrub shrub wetland dominated by Acer rubrum (Red Maple, FAC), Quercus palustris (Pin Oak, FACW), Cornus racemosa (red-panicle dogwood, NL) and Lonicera tartarica (Tartarian honeysuckle, NL) higher on the

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landscape.

D - 3.26 F - 2.03 Scrub shrub wetland dominated by Acer rubrum (Red Maple, FAC), Quercus palustris (Pin Oak, FACW), Cornus racemosa (red-panicle dogwood, NL), and Lonicera tartarica (Tartarian honeysuckle, NL)

N/A G - 0.01 Scrub shrub wetland dominated by Acer rubrum (Red Maple, FAC), Quercus palustris (Pin Oak, FACW), Cornus racemosa (red-panicle dogwood, NL), and Lonicera tartarica (Tartarian honeysuckle, NL)

N/A H - 0.03 Scrub shrub wetland dominated by Acer rubrum (Red Maple, FAC), Quercus palustris (Pin Oak, FACW), Cornus racemosa (red-panicle dogwood, NL), and Lonicera tartarica (Tartarian honeysuckle, NL)

E -0.07 I - 0.02 Shallow emergent marsh wetland dominated by Symplocarpus foetidus (Skunk Cabbage, OBL)

3.1.2 Soils

The mapped hydric soil on the site is Madalin Silt Loam that is generally deep, poorly drained and nearly level. This soil is formed in glaciolacustrine deposits on lake plains and in small basins in uplands. Madalin soils are formed from the same parent materials as Rhinebeck soils and are associated with moderately well drained Collamer, but have a higher clay content and are less well drained. They are similar to the Canandaigua soils which are also hydric. In typical profile, the A horizon is 8 to 10 inches in thickness and is a dark gray to black silt loam with common medium prominent strong brown mottles in the lower part. The subsoil is approximately 28 inches thick with the upper 7 inches composed of greenish gray heavy silty clay loam with common fine prominent yellowish brown and reddish yellow mottles. The lower subsoil is 21 inches thick and consists of greenish gray heavy silty clay loam, prismatic in structure with gray mottles. The substratum to 60 inches in depth is a dark gray silty clay with a platy structure.

3.1.3 Vegetation Based on the presence of Madalin Silt Loam, the wetlands identified in Table 4-1 above, are generally classified as open mineral soil wetlands, shallow emergent marsh based upon the New York State Department of environmental conservation’s Ecological Communities of New York State. (Edinger, 2002) Generally, the emergent wetlands A and B are dominated by Carex stricta (Tussock Sedge, OBL), Typha latifolia (Common Cattail, OBL), Polygonum sagittatum (Arrow Leaved Tear-Thumb, OBL), and Lythrum salicaria (Purple Loosestrife, FACW+). Scattered Acer rubrum (Red Maple, FAC) trees and saplings are present, with numerous dead trunks present in the wetlands near Route 17. A small portion of wetland C near the existing gravel driveway is emergent with similar vegetation.

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The remaining wetlands are either red maple hardwood swamps or shrub swamp wetlands based upon the New York State Department of Environmental Conservation’s Ecological Communities of New York State. (Edinger, 2002) These are generally dominated by Acer rubrum (Red Maple, FAC), Quercus palustris (Pin Oak, FACW) and Betula populifolia (Gray Birch, FAC) saplings, along with shrubs of Rosa multiflora (Multiflora Rose, FACU), Viburnum recognitum (Northern Arrowwood, FACW-) and Lonicera tartarica (Tartarian honeysuckle, NL). Solidago rugosa (Wrinkled goldenrod, FAC; FAC), Lythrum salicaria (Purple Loosestrife, FACW+) and Juncus effusus (Soft Rush, FACW+) are the dominant herbaceous species. (Edinger, 2002)

3.1.4 Connections to Adjacent Wetlands

In general, the wetland areas, and where appropriate, additional 100’ buffer areas, are all connected to larger wetland systems which continue off-site. The on-site wetlands will be regulated by New York State Department of Environmental Conservation and/or by the US Army Corp of Engineers. The project proposes no direct disturbance to the wetlands and/or buffers and therefore these existing vegetative communities will remain in tact during and after construction and their connection to the larger wetland systems in the region will continue undisturbed.

3.1.5 Quality of the Habitat The wetland areas are generally of moderate quality based upon the vegetation and extent of the invasive Purple Loosestrife.

3.1.6 Impairment or Loss Resulting from Project This project avoids all direct and indirect effects on the wetlands and as a result, no impairment or loss is expected to occur in this habitat area.

3.2 Non-Wetlands The non-wetland portions of the site consist of former agricultural fields (successional oldfields), successional shrublands and successional southern hardwood forest. The approximate size of these areas and their dominant vegetation are summarized in Table 4-3 below:

3.2.1 Overall Description and Acreage

Table 4-3; Non-wetland Communities Habitat Type Approximate

Area (acres) % of

Total site

Dominant Vegetation

Former Agricultural

Fields

3.0 3.2% Erigeron sp. (Fleabane, FACU), Verbascum blattaria (Moth Mullein, NL), Aster sp. (species not identified), Verbascum thapsus (Common Mullein, NL), Solidago juncea (Early Goldenrod, NL), Allium canadense

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(Meadow Onion, FACU), Solidago spp. (Goldenrods) Erigeron canadensis (Horseweed, NL), Rosa multiflora (Multiflora Rose, FACU), Solidago rugosa (Wrinkled goldenrod, FAC; FAC)

Successional Shrubland

9.2 10.0% Acer rubrum (Red Maple, FAC), Juniperus virginiana (Red Cedar, FACU), Rosa multiflora (Multiflora Rose, FACU), Rubus allegheniensis (Blackberry, FACU), Eupatorium perfoliatum (Common Boneset, FACW+), Erigeron sp. (Fleabane, FACU), Verbascum blattaria (Moth Mullein, NL), Aster sp. (species not identified), Verbascum thapsus (Common Mullein, NL), Solidago juncea (Early Goldenrod, NL), Allium canadense (Meadow Onion, FACU), Solidago spp. (Goldenrods) Erigeron canadensis (Horseweed, NL), Rosa multiflora (Multiflora Rose, FACU), Solidago rugosa (Wrinkled goldenrod, FAC; FAC),

Successional forest

45.0 48% Acer rubrum (Red Maple, FAC), Quercus alba (White Oak, FACU-), Quercus palustris (Pin Oak, FACW), Carya ovata (Shagbark Hickory, FACU-), Juglans nigra (Black Walnut, FACU), Rosa multiflora (Multiflora Rose, FACU), Parthenocissus quinquefolia (Virginia Creeper, FACU), Toxicodendron radicans (Poison Ivy, FAC), Rhus typhina (Staghorn Sumac, NL), Alliaria petiolata (Garlic mustard, FACU-), Allium canadense (Meadow Onion, FACU), Aster divaricatus (White wood aster, FACU),

3.2.2 Soils

There are three soil types present in the upland portions of the site: 1. Erie series is a deep, somewhat poorly drained gently sloping soil with a fragipan. It

formed in glacial till deposits derived from shale, slate and sandstone. It is found on footslopes and lower hillsides and along shallow drainageways in uplands. The surface layer is typically dark brown gravelly silt loam, 9 to 10 inches thick. The subsoil is 45 inches thick and typically is a mottled grayish brown channery silt loamin the upper 9 inches and firm, mottled olive brown channery silt loam fragipan in the lower part. The substratum, from 54 to 70 inches is mottled olive brown channery silt loam. Water table is perched above the fragipan in the springtime.

2. Bath Nassau series is a deep, well drained soils and shallow, somewhat excessively

well drained that formed in glacial till deposits derived from shale and slate. They are gently sloping soils often found on hilltops and ridges. In profile, the Bath series has a dark brown shaly silt loam surface layer 10 inches thick. The subsoil is 44 inches thick. The upper 17 inches is yellowish brown shaly silt loam, the middle 3 inches is mottled olive brown shaly silt loam; and the bottom is olive brown very shaly silt loam fragipan. Dark gray shale bedrock is at 53 inches. The Nassau series has a dark grayish brown shaly silt loam surface layer 10 inches thick. The subsoil is yellowish brown very shaly silt loam 9 inches thick. The hard dark gray shale bedrock is at 19 inches.

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3. Mardin series is a deep, moderately well drained, gently sloping soil formed in glacial

till deposits derived from sandstone, shale and slate. It has a dense fragipan in the subsoil and is found on broad divides, hills and ridges. Typically, the surface layer is dark brown gravelly silt loam 8 inches thick. The upper 7 inches of the subsoil is yellowish brown gravelly silt loam. The next 5 inches is a leached layer of mottled pale brown gravelly silt loam. Extending from 20 to 60 inches is a firm, olive brown channery silt loam fragipan. Water table is perched above the fragipan in the springtime.

3.2.3 Vegetation

As indicated in Table 4-3 above, there are three major non-wetland vegetation communities on the site. These are successional oldfields, successional shrublands and successional southern hardwood forest. (Edinger, 2002) The oldfields are dominated by Erigeron sp. (Fleabane, FACU), Verbascum blattaria (Moth Mullein, NL), Aster sp. (species not identified), Verbascum thapsus (Common Mullein, NL), Solidago juncea (Early Goldenrod, NL), Allium canadense (Meadow Onion, FACU), Solidago spp. (Goldenrods), Erigeron canadensis (Horseweed, NL), Rosa multiflora (Multiflora Rose, FACU), Solidago rugosa (Wrinkled goldenrod, FAC; FAC), with Acer rubrum (Red Maple, FAC), Juniperus virginiana (Red Cedar, FACU), Rosa multiflora (Multiflora Rose, FACU), Rubus allegheniensis (Blackberry, FACU), Eupatorium perfoliatum (Common Boneset, FACW+) appearing in the fields which had not been tilled recently. The forested areas are dominated by Acer rubrum (Red Maple, FAC), Quercus alba (White Oak, FACU-), Quercus palustris (Pin Oak, FACW), Carya ovata (Shagbark Hickory, FACU-) and Juglans nigra (Black Walnut, FACU) in the canopy with Rosa multiflora (Multiflora Rose, FACU), Rhus typhina (Staghorn Sumac, NL) and Berberis thunberghii (Japanese Barberry, FACU) in the shrub and sapling layer. Parthenocissus quinquefolia (Virginia Creeper, FACU) and Toxicodendron radicans (Poison Ivy, FAC) were the common vines, with Alliaria petiolata (Garlic mustard, FACU-), Allium canadense (Meadow Onion, FACU), Aster divaricatus (White wood aster, FACU), Claytonia virginica (Spring Beauty, FACU) and Erythronium americanum (Trout Lily, NL) as the common herbaceous species.

3.2.3.1 Threatened or Endangered Flora The New York State Department of Environmental Conservation (NYSDEC) has identified the possible presence of Geum virginianum (Rough-fruited avens) on or near the site. This is a white flower with 5 broad petals and numerous greenish stamens last seen in the area in the early 1900’s. Sepals are long, narrow, and pointed, alternating with the petals, and usually exceeding the petals in length. Flowers are solitary or in small, branched clusters near the top of the plant. The seedpod has stiff bristles. The stem is very hairy. Upper leaves are large, usually compound (not single), with 3 coarsely toothed leaflets. Lower leaves are usually with 3 leaflets, leaflets rounded with rounded teeth. The plant is 12 to 30 inches in height. Rough avens is found in forest, forest

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openings, and thickets and blooms in June through August. Because of the report of the avens, AVAA conducted an intensive search for the plant during the flowering season. None were identified on or near the site. Other Geum species were present, as is common in most successional communities of this type.

3.2.4 Connections to Adjacent Lands The upland area to the north of Cheechunk Road, adjacent to Wetland A, is separated from other uplands by either Cheechunk Road or Wetland A. A portion of this upland area will be dedicated DEC buffers and as such, will remain undisturbed. The current development proposal calls for the preservation of the large upland area in the southeastern portion of tax lot 10-1-56.3. The extensive preservation of wetlands, buffers and certain areas of the uplands connects many of the wetland on and off site. In addition, the steep slopes to the south of the development connect to the wetlands on 6 ½ Station Road. A narrow band of vegetation along the western property line, along with the stone row, provides a corridor between the two wetlands and the adjoining County property.

3.2.5 Quality of Habitat In general, the successional nature of the vegetative communities, along with the numerous invasive species which are present, result in a diminished quality of on-site habitat.

3.2.6 Impairment or Loss Resulting from Project

Vegetation will necessarily be removed in order to accomplish construction in the safest, most expedient manner. The major development and disturbance will occur largely in the present fields and pastures, although the successional forest area will be impacted by the active adult development. Mature trees to be saved and protected wherever possible and indicated as such by dripline fences and markings. The anticipated addition of shade trees and landscaping around the new dwellings will provide additional new vegetation to the site to offset, to some degree, the destruction of the vegetation for construction. The wetlands will remain undisturbed. 4.0 Inventory The following is a comprehensive listing of those floral and faunal species observed and identified during AVAA’s field surveys.

4.1 Vegetation SCIENTIFIC NAME COMMON NAME (WETLAND CLASSIFICATION)(1) Polypodiaceae

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Athyrium felix-femina Lady fern (FAC; FAC) Onoclea sensibilis sensitive fern (FACW; FACW) Polystichum acrostichoides Christmas fern (FACU-; UPL, FAC) Pteridium aquilinum bracken fern (FACU; FACU, FAC) Thelypteris noveboracensis New York fern (FAC; FAC) Cupressaceae Juniperus virginiana red cedar (FACU; FACU) Typhaceae Typha latifolia common cattail (OBL; OBL) Poaceae Dactylus glomerata orchardgrass (FACU; FACU) Dichanthelium clandestinum deer tongue grass (FAC+; FAC, FACW) Digitaria sanguinalis common crabgrass (FACU-; FACU, FAC) Echinochloa crusgalli barnyard grass (FACU; FACU, FACW) Eulalia viminea beardgrass (FAC; FAC) Phalaris arundinacea reed canary grass (FACW+; FACW, OBL) Phragmites australis common reed (FACW; FACW) Labiatae Glechoma hederacea ground ivy (FACU; UPL,FACU+) Cyperaceae Carex sp. sedges (3) Carex stricta tussock sedge (OBL; OBL) Scirpus cyperinus wool grass (FACW+; FACW, OBL) Araceae Acorus calamus sweet flag (OBL; OBL) Arisaema triphyllum Jack-in-the-pulpit (FACW-; FAC, FACW) Peltandra virginica Arrow arum (OBL) Symplocarpus foetidus skunk cabbage (OBL; OBL) Commelinaceae Commelina virginica Virginia dayflower (FACW; FAC, FACW) Juncaceae Juncus effusus soft rush (FACW+; FACW, OBL) Juncus tenuis path rush (FAC-; FAC-, FACW) Liliaceae Allium vineale field garlic (FACU-; FACU) Maianthemum canadense mayflower (FAC-; FACU, FAC) Smilax rotundifolia greenbriar (FAC; FAC) Erythronium americanum trout lilly (NL) Salicaceae Populus deltoides common cottonwood (FAC; FAC, FACW) Juglandaceae Carya glabra pignut hickory (FACU-; FACU) Cary ovata shagbark hickory (FACU-; FACU) Juglans nigra black walnut (FACU; FACU) Betulaceae Carpinus caroliniana American hornbeam (FAC; FAC) Betula populifolia gray birch (FAC; FAC) Fagaceae Fagus grandifolia American beech (FACU; FACU) Quercus alba white oak (FACU-; FACU) Quercus palustris pin oak (FACW; FAC, FACW) Polygonaceae Polygonum arifolium hastate-leaved tearthumb (OBL; OBL) Polygonum cuspidatum Japanese knotweed (FACU-; UPL, FACU) Polygonum pennsylvanicum pinkweed (FACW; FACW, OBL) Polygonum persicaria ladies thumb (FACW; FAC, OBL)

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Polygonum sagittatum arrow-leaved tear-thumb (OBL; OBL) Phytolaccaceae Phytolacca americana pokeweed (FACU+; FACU, FAC) Portulacaceae Claytonia virginica spring beauty (FACU; FACU) Magnoliaceae Liriodendron tulipifera yellow poplar (FACU; FACU, FAC) Berberidaceae Podophyllum peltatum may apple (FACU; FACU) Lauraceae Lindera benzoin spice bush (FACW-; FACW) Sassafras albidum sassafras (FACU-; FACU) Brassicaceae Alliaria petiolata garlic mustard (FACU-; FACU, FACW) Platanaceae Platanus occidentalis sycamore (FACW-; FAC, FACW) Rosaceae Prunus serotina black cherry (FACU; FACU) Rosa multiflora multiflora rose (FACU; UPL, FACU) Rubus allegheniensis blackberry (FACU-; UPL, FACU) Spirea latifolia meadowsweet (FAC+; FAC, FACW) Oxalidaceae Oxalis stricta yellow wood sorrel (NL) Anacardiaceae Rhus typhina staghorn sumac (2) Toxicodendron radicans poison ivy (FAC; FACU, FACW) Aceraceae Acer rubrum red maple (FAC; FAC) Balsaminaceae Impatiens capensis jewelweed (FACW; FACW) Vitaceae Parthenocissus quinquifolia Virginia creeper (FACU; FACU, FAC) Vitis sp. grape (3) Violaceae Viola sp. violets (3) Lythraceae Lythrum salicaria purple loosestrife (FACW+; FACW, OBL) Apiaceae Daucus carota Queen Anne's lace (2) Cornaceae Cornus florida flowering dogwood (FACU-; FACU) Cornus racemosa red-panicle dogwood (2) Apocynaceae Apocynum cannabinum common dogbane (FACU; FACU, FAC) Scrophulariaceae Verbascum thapsus common mullein (2) Verbascum blattaria moth mullein (2) Caprifoliaceae Lonicera japonica Japanese honeysuckle (FAC-; FACU, FAC) Lonicera tartarica tartarian honeysuckle (2) Viburnum recognitum northern arrowwood (FACW-; FAC) Asteraceae Achillea millefolium yarrow (FACU; FACU) Ambrosia artemisiifolia annual ragweed (FACU; FACU, FAC)

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Ambrosia trifida giant ragweed (FAC; FAC, FACW) Aster spp. asters (3) Bidens sp. beggar-ticks (3) Cichorium intybus chicory (2) Cirsium sp. thistle (3) Erigeron canadensis horseweed (2) Eupatorium sp. Joe-Pye-weed (3) Eupatorium perfoliatum boneset (FACW+; FACW, OBL) Solidago altissima tall goldenrod (FACU-; FACU) Solidago gigantea Giant goldenrod (FACW; FAC, FACW) Solidago canadensis Canada goldenrod (FACU; FACU) Solidago graminifolium lance-leaved goldenrod (2) Solidago rugosa wrinkled goldenrod (FAC; FAC) Solidago spp. goldenrods (3) Compositae Aster divaricatus white wood aster (FACU; UPL, FACU) Notes: 1 Common name (regional; national wetland classification(s)). + and - designations for

national classifications are not included. Species wetland classification is taken from Reed (1988b).

2 Species is not included on the USFWS Wetland Plant List. This implies an upland status.

3 Species not identified sufficiently to determine wetland classification. 4 No agreement on the wetland classification of this species.

4.2 Avian Species Species Scientific Name Habitat Status Indigo Bunting Passerina cyanea Mesophytic forest NP1 Eastern Phoebe Savornis phoebe Successional forest NP Wood peewee Contopus virens Mesophytic forest NP Black-capped chickadee Poecile atricapillus Mesophytic forest NP Red-breasted nuthatch Sitta canadensis Successional forest NP White-breasted nuthatch Sitta carolinensis Successional forest NP Brown thrasher Orpheus rufus Successional forest NP Mockingbird Orpheus polvglottus Successional forest NP Tufted titmouse Parus bicolor Mesophytic forest NP Wood thrush Hylocichla mustelina Mesophytic forest NP Red tailed hawk Buteo jamaicensis Mesophytic forest NP White throated sparrow Zonotrichia albicollis Mesophytic forest NP Blue jay Cvanocitta cristata Successional forest NP Carolina wren Thryothorus ludovicianus Successional forest NP Common crow Corvus brachvrhvncous Successional forest NP American redstart Setophaga ruticilla Successional forest NP American robin Turdus migratorius Mesophytic forest NP Eastern cardinal Cardinalis cardinalis Successional forest NP Red breasted grossbeak Pheucticus ludovicianus Successional forest NP Northern flicker Colaptes auratus Successional forest NP Mourning dove Zenaida macronra Successional forest NP Downey woodpecker Picoides pubscens Mesophytic forest NP Warblers Dendroica spp. Successional forest NP

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Notes: 1. NP denotes that the species is not protected under federal or state law.

4.3 Mammals Species Scientific Name Habitat Status Whitetail deer Odocoileus virginianus Mesophytic forest NP Red fox Vulpes fulva Successional forest NP Coyote Canis latrans Mesophytic forest NP Raccoon Procyon lotor Mesophytic forest NP Striped skunk Mephitis mephitis Mesophytic forest NP Woodchuck Marmota monax Successional forest NP Eastern chipmunk Tamias striatus Successional forest NP Eastern gray squirrel Sciurus carolinensis Mesophytic forest NP Deer mouse Peromyscus maniculatus Mesophytic forest NP Cottontail rabbit Sylvilagus floridanus Mesophytic forest NP Short tail shrew Blarina brevicavioa Mesophytic forest NP Opossum Didelphus marsupialis Successional forest NP Little brown bat Myogis lucifugis Successional forest NP

4.4 Reptiles & Amphibians Species Scientific Name Habitat Status Eastern milk snake Lampropeltis triangulum Mesophytic forest NP Spotted salamander Ambystoma maculatum Successional forest NP Eastern garter snake Thamnophis sirtalis Mesophytic forest NP Spring peeper Hyla crucifer Mesophytic forest NP Red-backed salamander Plethodon cinereus Successional forest NP Red eft Notophthalmus viridescens Mesophytic forest NP 5.0 Species Associated with Habitat Types

5.1 Wetland Habitats

5.1.1 Threatened and Endangered Species Bog Turtles: The United States Fish and Wildlife Service (USFWS) has identified the potential for Clemmys muhlenbergii (bog turtle) within 10 miles of the site. Orange County is located in the extant range of the northern population of the bog turtle. The proposed project is located within the Hudson/Housatonic Recovery Unit as identified in the United States Fish and Wildlife Service (USFWS) Bog Turtle Northern Population Recovery Plan, May, 2001. (USFWS, 2001). AVAA conducted a Phase 1 survey for the presence of bog turtle habitat, during April and May 2005, as well as an updated evaluation in April, 2006 to determine the presence

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or probable absence of the species. Surveys can be performed any month of the year (except when significant snow cover is present). This flexibility in conducting Phase 1 surveys allows efforts during the Phase 2 survey window to be spent on wetlands most likely to support bog turtles (i.e., those that meet the criteria below).

Potential bog turtle habitat is recognized by three criteria (not all of which must occur in the same portion of a particular wetland). These are as follows:

1. Suitable hydrology. Bog turtle wetlands are typically spring-fed with shallow

surface water or saturated soils present year-round, although in summer the wet areas may be restricted to near spring heads. Typically these wetlands are interspersed with dry and wet pockets and there is often subsurface flow. In addition, shallow rivulets (less than 10 cm deep) or pseudo-rivulets are often present. These attributes were absent in the area of development on this site.

2. Suitable soils. Usually a bottom substrate of soft muck or mucky-like soils is present, although in summers of dry years this may be limited to areas near spring heads. In some portions of the species' range, the soft substrate consists of scattered pockets of peat (6+ inches deep) instead of muck. Suitable soils are the critical criterion. These attributes were absent in the area of development on this site.

3. Suitable vegetation. Dominant vegetation of low grasses and sedges (emergent wetland), often with a scrub-shrub wetland component is common. These attributes were absent in the area of development on this site.

Suitable hydrology, soils and vegetation are necessary to provide the critical wintering sites (soft muck, peat, burrows, root systems of woody vegetation) and nesting habitats (open areas with tussocky or hummocky vegetation) for this species. One or more of these criteria may be absent from portions of a wetland or wetland complex supporting bog turtles. Absence of one or more criteria does not preclude bog turtle use of these areas to meet important life functions, including foraging, shelter and dispersal.

If one or more of these criteria (suitable soils, vegetation and hydrology) are present in the wetland, then the wetland is considered to be potential bog turtle habitat, regardless of whether or not that portion of the wetland occurring within the project boundaries contains all three criteria. If the wetland is determined to be potential habitat and the project will directly or indirectly impact any portion of the wetland, then either completely avoid all direct and indirect effects to the wetland, in consultation with the USFWS and appropriate State wildlife agency, or conduct a Phase II survey to identify or count individual specimens. (USFWS, 2001)

Table 4-2: Summary of Suitability of Wetland for Bog Turtle Habitat

Wetland ID Wetland Size (acres)

Vegetation community

Extent of Mucky Soils

Potential Species

Habitat?

Species Presence or

Probable Absence

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Wetland A 10.95

PEM – 90% PSS – 10%

<10% Yes Probable Absence

Wetland B 3.44

PEM – 90% PSS – 10%

<10% Yes Probable Absence

Wetland C 5.78

PEM – 10% PSS – 90%

0% No Probable Absence

Wetland D 0.69

PSS – 100% 0% No Probable Absence

Wetland F 2.03


Wetland G 0.01


Wetland H

0.03 PSS – 100% 0% No Probable

Absence Wetland I

0.07 PSS – 100% 0% No Probable

Absence

During its Phase 1 investigation, AVAA identified two small portions of the on-site wetlands system, approximately 0.25 acre each, as potential bog turtle habitat based on the above criteria. The first location is situated in the northeastern part of the site in Wetland A, near Route 17. The other location is in the northwestern part of the site, west of Cheechunk Road in Wetland B. Accordingly and using the methodology defined by the USFWS, AVAA conducted a preliminary Phase II Bog Turtle Survey of these two sites (Wetland A and Wetland B). The remaining wetlands were generally excluded due to the absence of suitable substrate. Specifically, mucky soils were absent in those wetlands. The Phase II surveys were performed during the period from April 1 – April 27 to coincide with the period of greatest annual turtle activity. Air and water temperatures were a minimum of 55° F, and approached 80° on one day. Surveys were done during the day, at least one hour after sunrise and no later than one hour before sunset, as prescribed by the established protocol. Cloud cover was <50 percent, and surveys were not done during or immediately following rain events. Two people experienced in bog turtle surveys surveyed each wetland together. Resumes for each have been included in the appendix. To maintain consistency and increase the probability of encountering turtles, the same surveyors examined each wetland. The studies were conducted in areas of habitat suitable for bog turtle and were expanded into habitat which was marginally suitable. The survey effort expended for the project ranged from 10 to 12 man-hours per day and was consistent with the required effort described in the Bog Turtle Survey Guidelines contained in the Bog Turtle Northern Population Recovery Plan, May, 2001. (USFWS, 2001). No bog turtles were captured or observed during the survey effort, despite intensive examination of the wetlands. In addition, the slope of the property, specifically in the wetlands areas, along with the absence of mucky substrate, leads to the conclusion that adequate habitat is not present to support bog turtles.

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5.1.2 Common Species

Based upon AVAA’s examination, the most common wildlife species present in the wetland areas of the site are the eastern American toad (Bufo a. americanus), northern spring peeper (Pseudoacris c. crucifer), green frog (Ranaclamitans melanota), and wood frog (Rana sylvatica), along with salamanders such as northern redback salamander (Plethodon c. cinereus). Birds that may be found include red-winged blackbird (Agelaius phoeniceus), marsh wren (Cistothorus palustris), and common yellowthroat (Geothlypis trichas). (Edinger, 2002)

5.2 Non-Wetland Habitats

5.2.1 Threatened and Endangered Species Indiana Bats: With regard to potential presence of the Indiana bat (Myotis sodalis) either roosting or as a forager in the woodland habitat present on the site and grasslands nearby, during AVAA’s site inspections over the past two years, no such species were observed. Past consultation with and review by the United States Fish and Wildlife Service (USFWS) concerning the bat indicates that one of the closest large hibernaculums is in Rockaway Township, Morris County, New Jersey, along with one in Ulster County in New York. In New York, approximately 13,000 Indiana bats are known to exist in 8 of the 120 sites searched to date. Surveys conducted since the early 1980s suggest they are doing fine in this state and may in fact be increasing. During the summer, females occupy maternity roosts of up to 100 females in riparian and flood plain forests under the loose bark of dead or dying trees. There are no riparian forests present at the site. The bats have a preference for forests with old growth characteristics, i.e. large trees, scattered canopy gaps, and open understories. The subject site does not generally display old growth characteristics, since most of the growth is less than 8 inches dbh (diameter, breast height). Suitability of roost trees is determined by its dead or live condition, the amount of loose bark, its location relative to other trees and solar exposure, and its relationship to water and foraging habitat (USFWS). According to the USFWS most recent communication to AVAA, shagbark hickory (Carya ovata) and Robinia pseudoacacia (Black Locust, FACU-) are the preferred roost trees, but other trees having flaking or exfoliating bark are also used, especially members of the white oak group. Snags provide important roosts and are naturally ephemeral. They provide suitable roost characteristics for only a few years, depending on tree species. Individual roosts are only suitable until bark sloughs off or the tree falls. (Kurta, et al. 1993). Similar trees are present on the site (see photographs included); however, the trees on the site are young, with predominately intact bark. The sole large shagbark hickory is within the NYDEC wetland buffer near Cheechunk Road and will not be disturbed.

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Ideal foraging habitat for the Indiana bat consists of riparian and upland forest with 50-80 percent overstory canopy cover and less than 40 percent of the forest composed of small [5-12 centimeter (2-5”) dbh] trees. Additionally, ideal habitat occurs within 20 meters (65.6”) of permanent water and is within an analysis area with at least 30 percent forested cover (3D, 1995). Streams without riparian vegetation do not appear to be suitable foraging habitat. (USDOT, 2001) The site is a possible foraging habitat, by virtue of the age and coverage of the trees present; however, the nearby stream is intermittent, flowing only during heavy precipitation. No other water source is within at least ¼ mile, making this less likely to be utilized than other similar sites in the vicinity. Additionally, Indiana bats are known to spend the winter months in secluded caves or mines. As there are no mines or caves on the project site, it is highly unlikely that the species will be affected by proposed activities on this site.

5.2.2 Common Species A characteristic bird present on site and generally associated with oldfields habitat is the field sparrow (Spizella pusilla). Birds that were sighted and may be found in successional shrub lands include brown thrasher, blue-winged warbler, golden-winged warbler, chestnut-sided warbler, yellow-breasted chat, eastern towhee, field sparrow, song sparrow, and indigo bunting. The forested areas provide habitat to a variety of birds including the American redstart (Setophaga ruticilla), red-eyed vireo (Vireo olivaceus),ovenbird (Seiurus aurocapillus), black-throated blue warbler (Dendroica caerulescens), least flycatcher(Empidonax minimus), Acadian flycatcher (Empidonax virescens), chestnut-sided warbler (Dendroica pensylvanica) and red-bellied woodpecker (Melanerpes carolinus). These and other related species were sighted during AVAA’s field surveys. 6.0 Potential Impacts of Proposed Project Activity

6.1 Plant Communities/Wildlife

There will be no disturbance to the DEC wetlands and a limited amount disturbance to the ACOE wetlands. There will also be a small amount of temporary utility installation disturbance to both the ACOE and DEC wetlands. The proposed project will remove a total of 30.14 acres of vegetation, much of which is sluccessional southern hardwood forest. This will result in the loss of trees and other site vegetation and associated common wildlife habitat. As described above, the site does not support known threatened or endangered species or State-listed species of special concern. The site is located within a suburbanized area and proximate to NYS Route 17, with the resultant traffic noises and air emissions. Only species common to suburban areas were identified, and based on the transitional nature of

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the site vegetation, from former agricultural uses to successional woodlands, only these species are likely to exist on the site. Wetland areas, however, are much more diverse, being part of larger systems that exist off-site. These areas will remain undisturbed. In general, as the project site is developed, some species will relocate to similar habitats off-site or to other areas of the site which remain undisturbed. For example, the on site deer population will continue to use undeveloped portions of the site, but will also expand to adjacent parcels, such as the County detention center or adjacent vacant wooded parcels. Avian species that are common to the area will continue to utilize remaining trees as resting and nesting spots. Bird species that prefer denser wooded habitat will continue to utilize the protected wooded buffer areas adjacent to the DEC wetlands, the undisturbed uplands on the site and/or relocate their nests to adjacent parcels. Erosion and sedimentation from construction activities is a potential impact that could negatively affect wetland areas if grading activities are left uncontrolled. 7.0 Proposed Mitigation Measures While the loss of vegetation and resultant wildlife habitat is unavoidable if the site is to be developed in accordance with the proposed plans and zoning, measures can be taken to reduce the impacts of proposed activities to some extent and provide continued opportunities for wildlife in the area.

• The project has been designed to preserve large areas of both upland and wetland habitat on the site which will allow the passage of species within corridors of existing habitat to remain. This open space feature should be required as part of the site plan.

• Tree and vegetation removal should be limited to the area of development. Any trees to be retained should be clearly marked and protected by dripline fences prior to construction.

• Stormwater runoff should be accomplished in accordance with applicable regulations under the supervision of municipal, county, district and state officials and be required to meet the conditions imposed therein.

• A comprehensive soil erosion and sediment control plan should be implemented during construction for the protection of the soils and surface water.

• All solid waste materials generated during construction should be held onsite in suitable rolloffs, dumpsters or containers and disposed of in accordance with state, county and local regulations in order to limit impacts to vegetation and wildlife at the site.

• Landscaping materials should include a mixture of native and ornamental species so that the landscaped areas created by the proposed development can be used for

21


forage. Trees and shrubs should be selected to provide both food and nesting sites for squirrels and avian species.

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8.0 References Utilized Callahan, E.V. III. 1993. Indiana bat summer habitat requirements. Master of Science thesis, University of

Missouri, Columbia. Callahan, E.V., R.D. Drobney, and R.L. Clawson. 1997. Selection of summer roosting sites by Indiana bats

(Myotis sodalis) in Missouri. Journal of Mammalogy, Vol 78, No. 3, pp. 818-825. Clark, D.R., Jr., 1971. "Branding as a Marking Technique for Amphibians and Reptiles". Copeia, No.1, pp.

148-151. Conant, Roger - 1975. A Field Guide to Reptiles and Amphibians of Eastern and Central North America,

Houghton Mifflin Company, Boston, Massachusetts, pp. 1-429. Conant, R. and J.T. Collins, 1991. A Field Guide to Reptiles and Amphibians of Eastern and Central North

America. Houghton Mifflin Co., Boston, MA. DuBois, F.B., 1999, Threatened & Endangered Survey Report of 978-Acre Tract in Ocean Township,

Ocean County, New Jersey, unpublished report submitted to the New Jersey Department of Environmental Protection.

DuBois, F.B., 1999, Threatened & Endangered Survey Report of 128-Acre Tract in Ocean Township, Ocean County, New Jersey, unpublished report submitted to the New Jersey Department of Environmental Protection

Edinger, Gregory J., ed. Ecological Communities of New York State, second edition. New York Natural Heritage Program, 2002. Revised and expanded edition of Reschke, Carol. Ecological Communities of New York State, 1990.

Ernst, Carl H. and Roger W. Barbour - 1972. Turtles of the United States. The University Press of Kentucky, pp. 80-83.

Feinsinger, 2001. Designing Field Studies for Biodiversity Conservation. Gardner, J.E., J.D. Garner, and J.E. Hofmann. 1991. Summer roost selection and roosting behavior of

Myotis sodalis (Indiana bat) in Illinois. Unpublished report for U.S.F.W.S., 56 pp. Kiviat, Erik, Stevens, Gretchen. Biodiversity Assessment Manual for the Hudson River Estuary Corridor.

Hudsonia Ltd., 2001. Klemens, M.W. 1993. Standardized bog turtle site-quality analysis. Unpublished report to USFWS (State

College, PA) December 3 1, 1993. 7pp. Kurta, A., D. King, J.A. Teramino, J.M. Stribley, and K.J. Williams, Eastern Michigan University. 1993.

Summer Roosts of the Endangered Indiana Bat (Myotis sodalis) on the Northern Edge of Its Range. American Midland Naturalist, pp 132-138.

Leopold, A., 1933. Game Management. Scribner Publishing, New York. National Parks Association of New South Wales, 1998. Community Biodiversity Survey Manual. Newcomb, Lawrence. Newcomb's Wildflower Guide, 1977. Little, Brown and Company. Schneller-McDonald, K., 2005. Habitat Assessment Guidelines, Town of Milan. Endorsed by the Town of

Milan Planning Board, March, 2005. Tiner, R.W. Jr., 1988. Field Guide to Non-Tidal Wetland Identification. Maryland Department of Natural

Resources, Annapolis, MD and Fish and Wildlife Service, Newton Comer, MA. Cooperative publication 283 pp. and plates.

U.S. Army Corps of Engineers; North Atlantic Division, New York, N.Y., Wetland Plants of the Eastern United States - February, 1977 with Supplements August, 1979.

USDA-SCS, 1981. Soil Survey of Orange County, New York. USDOT, 2001. Habitat Conservation Plan for the Six Points Road Interchange and Associated

Development. Project No. DEM-070-3(196)68 Des. No.: 9500900 United States Fish and Wildlife Service, 1987. Official List of Hydric Soils. United States Fish and Wildlife Service, 1988. National List of Plant Species that Occur in Wetlands.

Northeast (Region I); Washington, D.C.

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U.S. Fish and Wildlife Service. 1999. Agency Draft Indiana Bat (Myotis sodalis) Revised Recovery Plan. Fort Snelling,Minnesota. 53pp.

USFWS, 2002. Threatened and Endangered Species, Indiana bat (Myotis sodalis) Sutherland, W.J. (Editor), 1996. Ecological Census Techniques: A Handbook. Cambridge University

Press, 1996 NY. Zappalorti, Robert T. and R.R. Farrell- 1980. An Ecological Study of the Bog Turtle, Clemmys

muhlenbergli. Schoepff, (Reptilia, Testudines, Emydidae) in New Jersey (Fifth Supplement).

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9.0 Qualifications of Preparer A. Vincent Agovino, President Sr. Environmental Consultant _______________________________ • 24 years of environmental consulting experience throughout New Jersey, New York, Pennsylvania,

North Carolina, Maine and Maryland. • 14 years of public service in the environmental and environmental health field with municipalities in

Somerset County. • Conducted approximately 5,000 soil evaluations, 2,000 wetland evaluations and habitat assessments

throughout New Jersey, New York, Pennsylvania, Maine and Maryland utilizing currently accepted methodologies.

• Conducted identification and evaluations of habitats of several endangered species in New Jersey and Orange, Sullivan and Ulster Counties in New York, including the timber rattlesnake, Indiana bat, upland sandpiper, wood turtle and bog turtle.

• Authored or co-authored approximately 300 Environmental Impact Statements pursuant to local ordinances in New Jersey, as well as two papers published in professional journals.

• Conducted approximately 200 Phase I Environmental Site Assessments throughout New Jersey in accordance with ASTM Standard E-1527 and the New Jersey Technical Requirements for Site Remediation.

• Testified as an expert witness in numerous municipalities before planning boards, boards of adjustment and environmental commissions, as well as in Superior Court, including including municipalities in:

Somerset County Middlesex County Hunterdon County Morris County Monmouth County Union County Morris County Superior Court Middlesex County Superior Court Somerset County Superior Court Federal District Court – Williamsport, PA

• Community Noise Advisor (CNA) with the former Federal ECHO program and the National League of

Cities. One of three original CNA's for New Jersey's first ECHO program. • Faculty Coordinator and instructor at Cook College, Rutgers University in the following courses:

Environment and Public Health Environmental Audits and Site Assessments Preparation of Environmental Impact Statements

40-Hour Lead Inspector/Risk Assessor Training Soils and Site Evaluations for Septic Systems EDUCATION

• B.S. Environmental Science, Cook College, Rutgers. 1975. • M.A. Administration, Rider College. 1985. • Ph.D. Environmental Engineering, Columbia Southern University. 2001. • Graduate level and continuing education credits in Soils, Soil Morphology, Wetland Soils,

Vegetation, Plant Science, Groundwater Hydrology, Wetland Vegetation, Soils and Site

25


Evaluation, Underground Storage Tanks (UST's), Hazardous Waste Management and Stream Encroachment/Floodplain Management.

PROFESSIONAL REGISTRATIONS

• Professional Wetland Scientist Registration Number 000241 • New Jersey Health Officer Registration Number: A-0390 • NJ Sanitary Inspector (Environmental Health Specialist) Registration Number: B-0904 • NEHA Registered Environmental Health Specialist • NJDEP Subsurface Evaluation (UST) • OSHA 40 hour Health and Safety Training (1910.120) and Annual 8 hour Refresher • OSHA Confined Space Entry Training • New Jersey Lead Inspector/Risk Assessor Registration Number 003336

TECHNICAL AND PROFESSIONAL SOCIETIES

• Society of Wetland Scientists • Soil Science Society of America • Ecological Society of America • Association of Wetland Managers • National Environmental Health Association • New Jersey Environmental Health Association • New Jersey Health Officers Association

PUBLICATIONS

• Agovino, A.V. 1989. "The Local Health Department's Role in Wetland Protection." New Jersey Municipalities.

• Agovino, A.V. 1990. "Wetland Identification." Journal of Environmental Health. March - April, 1990.

• Olenik, T.J. and A. V. Agovino, 1995. “Negative Consequences of the New Jersey Freshwater Wetlands Protection Act” Presented to the American Society of Agricultural Engineers/American Water Resources Association National Conference entitled “Versatility of Wetlands in the Agricultural Landscape,” Tampa, Florida. September 19, 1995.

• "Groundwater Pollution Control and Soils/Onsite Sewage Disposal" work plan for Somerset County pursuant to the New Jersey County Environmental Health Act.

• Agovino, A.V. 2001. “Soil Properties and Other Factors Related to Failing Onsite Sewage Disposal Systems in Northern and Central New Jersey.” Doctoral Dissertation, Columbia Southern University.

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Daniel Connor Engineering Properties, PC Sr. Environmental Scientist _______________________________ PROFESSIONAL EXPERIENCE Daniel Connor is an environmental scientist with a strong soils background, especially in New York State. He has been involved in wetland delineations and habitat evaluations for over three years and has been involved in over 50 projects involving wetlands, wetland delineation, regulatory applications and mitigation. He has been involved in identification of habitats of several endangered species in Orange and Ulster Counties in New York, including the timber rattlesnake, Indiana bat, upland sandpiper and bog turtle. • 7 years of environmental consulting experience in southeastern New York

• Performed Phase I ESA’s • Soils investigations • Hydrogeologic investigations • Wetland delineations and habitat assessments

EDUCATION • A.S. Math and Science, Orange County Community College. 1996. • B.S. Environmental Studies, SUNY College of Environmental Science and Forestry. 1999. • Certificate of Training in Wetland Delineation, Institute for Wetland and Environmental

Education & Research. 2004

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10.0 Site Photographs

Photograph 1: Typical view of successional shrublands upslope from a wetland.

Photograph 2: Typical view of successional forest.

Photograph 3: Typical view of shallow emergent marsh wetland east of Cheechunk Road.

Photograph 4: Typical view of red maple hardwood swamp east of Cheechunk Road, near Route 17.

Photograph 5: Typical view of another shallow emergent marsh wetland.

Photograph 6: Typical view of successional forest on the eastern slope.

Photograph 7: Typical view of skunk cabbage dominated wetland in the northern portion of the site.

Photograph 8: Typical view of scrub shrub wetlands near 6 ½ Station Road.

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APPENDICES

29


APPENDIX A:

SITE MAP DEPICTING WETLAND

THIS PAGE WAS INTENTIONALLY LEFT BLANK

THIS PAGE WAS INTENTIONALLY LEFT BLANK

30


APPENDIX B:

UNITED STATES FISH AND WILDLIFE SERVICE (USFWS) &

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC)

DOCUMENTATION

Jane Samuelson

Rectangle

31


APPENDIX C:

HABITAT ASSESSMENT AND SUMMARY OF DATA SHEETS

A. V. Agovino Associates, LLC Habitat Assessment and Summary of Data

Client and Property Information Client: Epic Orange Date: 11/23/04 Site: Hendler Photo: Map Key: WL B Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 11:00-12:30 Temp.: 5 C Cloud cover: 20% Precipitation: none

Geomorphology Information Recorded at the Sample Station Elevations: 380 + Slope Aspect, looking downslope: 50 Profile position: toeslope Slope Gradient: 5% Geomorphic component: base slope Rock outcrops: [] yes [x] no Slope shape: Linear [x] Concave [] Convex [] Combination []

Water Resources Information Aquifer: Wetlands: On site emergent shrub swamp Streams: none Vernal pools: none Wetland hydrology: Inundated: [x] yes [] no Buttressed Roots: [x] yes [] no Other Hydrology Indicators: yes

Vegetation Species Recorded at the Sample Station Dominant Species Indicator Status Stratum Dominant Species Indicator Status Stratum Acer rubrum (Red Maple, FAC) FAC T Lythrum salicaria (Purple Loosestrife,

FACW+) FACW H

Lonicera tartarica(Tartarian honeysuckle, NL) NL Shr Lindera benzoin (Spice-Bush, FACW) FACW- Shrub Typha latifolia (Common Cattail, OBL) OBL H Symplocarpus foetidus (Skunk Cabbage, OBL) OBL H Carex stricta (Tussock Sedge, OBL) OBL H • Do normal environmental conditions exist at the plant community? [x] yes [] no • Has the vegetation, soil and/or hydrology been significantly disturbed? [] yes [x] no • Percent of Species which are OBL, FACW, and/or FAC: 80+ • Is the Hydrophytic Vegetation Criterion met? [x] yes [] no • Approximate % of Invasive Species: 50

Soil Information Recorded at the Sample Station Series & Phase: Madalin On Hydric Soils List: [x] yes [] no Is soil a Histosol: [] yes [x] no Histic Epipedon present: [] yes [x] no Munsell & Mottling Information Mottled? [x] yes [] no Mottle color: 10YR 3/4 Matrix color: 10YR 4/2 Gleyed: [] yes [x] no Other Indicators: Boring Depth: 18 ” Hydric Soil Criterion met? [x] yes []

no Basis: Series, matrix color, mottles

Habitat Evaluation at the Sample Station

Habitat Type Size (Acres) % of Total Site Area Dominant Vegetation Emergent shrub swamp 3.5 <1% Red maple, cattails, skunk cabbage, tussock sedge

Wildlife Species Identification White tailed deer Raccoon

Species of Conservation Concern Identification Species of Conservation Concern Habitat Quality

none


Client and Property Information

Client: Epic Orange Date: 11/23/04 Site: Hendler Photo: Map Key: WL C Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 11:00-12:30 Temp.: 5 C Cloud cover: 20% Precipitation: none


Water Resources Information Aquifer: Wetlands: On site shrub swamp Streams: none Vernal pools: none Wetland hydrology: Inundated: [] yes [x] no Buttressed Roots: [x] yes [] no Other Hydrology Indicators: yes

Vegetation Species Recorded at the Sample Station Dominant Species Indicator Status Stratum Dominant Species Indicator Status Stratum Acer rubrum (Red Maple, FAC) FAC T Lonicera tartarica(Tartarian honeysuckle, NL) NL Shr Lindera benzoin (Spice-Bush, FACW) FACW- Shrub Lythrum salicaria (Purple Loosestrife, FACW+) FACW H • Do normal environmental conditions exist at the plant community? [x] yes [] no • Has the vegetation, soil and/or hydrology been significantly disturbed? [] yes [x] no • Percent of Species which are OBL, FACW, and/or FAC: 75 • Is the Hydrophytic Vegetation Criterion met? [x] yes [] no • Approximate % of Invasive Species: 60




Habitat Type Size (Acres) % of Total Site Area Dominant Vegetation Emergent shrub swamp 6 <10% Red maple, spice bush, purple loosestrife



none


Client and Property Information Client: Epic Orange Date: 11/23/04 Site: Hendler Photo: Map Key: Succ For Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 11:00-12:30 Temp.: 5 C Cloud cover: 20% Precipitation: none

Geomorphology Information Recorded at the Sample Station Elevations: Slope Aspect, looking downslope: 100 Profile position: footslope Slope Gradient: 10 % Geomorphic component: side slope Rock outcrops: [] yes [x] no Slope shape: Linear [] Concave [] Convex [x] Combination []

Water Resources Information Aquifer: Wetlands: On site Streams: none Vernal pools: none Wetland hydrology: Inundated: [] yes [x] no Buttressed Roots: [] yes [x] no Other Hydrology Indicators: none

Vegetation Species Recorded at the Sample Station Dominant Species Indicator Status Stratum Dominant Species Indicator Status Stratum Quercus alba (White Oak, FACU-) FACU- Tree

Acer saccharum (Sugar Maple, FACU) FACU- Tree

Lindera benzoin (Spice-Bush, FACW) FACW- Shrub

Fagus grandifolia (American Beech, FACU) FACU Tree • Do normal environmental conditions exist at the plant community? [x] yes [] no • Has the vegetation, soil and/or hydrology been significantly disturbed? [] yes [x] no • Percent of Species which are OBL, FACW, and/or FAC: 25 • Is the Hydrophytic Vegetation Criterion met? [] yes [x] no • Approximate % of Invasive Species: 25

Soil Information Recorded at the Sample Station Series & Phase: ErA On Hydric Soils List: [] yes [x] no Is soil a Histosol: [] yes [x] no Histic Epipedon present: [] yes [x] no Munsell & Mottling Information Mottled? [x] yes [] no Mottle color: 10YR 3/1 Matrix color: 10YR 4/4 Gleyed: [] yes [x] no Other Indicators: Boring Depth: 18 ” Hydric Soil Criterion met? [] yes [x]

no Basis: Series, matrix color


Habitat Type Size (Acres) % of Total Site Area Dominant Vegetation Upland successional forest 45 > 50 White oak, sugar maple

Wildlife Species Identification White tailed deer Red tailed hawk Raccoon Mockingbird Turkey


none



Client: Epic Orange Date: 12/15/04 Site: Hendler Photo: Map Key: Succ For Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 10:00-11:00 Temp.: -5 C Cloud cover: 25% Precipitation: none

Geomorphology Information Recorded at the Sample Station Elevations: 400 Slope Aspect, looking downslope: 100 Profile position: Summit Slope Gradient: 5 % Geomorphic component: head slope Rock outcrops: [] yes [x] no Slope shape: Linear [] Concave [] Convex [x] Combination []


Vegetation Species Recorded at the Sample Station Dominant Species Indicator Status Stratum Dominant Species Indicator Status Stratum Quercus alba (White Oak, FACU-) FACU- Tree Allium canadense (Meadow Onion, FACU) FACU H Acer saccharum (Sugar Maple, FACU) FACU- Tree Aster divaricatus (White wood aster, FACU) FACU H Acer rubrum (Red Maple, FAC) FAC Sap Fagus grandifolia (American Beech, FACU) FACU Tree Juglans nigra (Black Walnut, FACU) FACU T Alliaria petiolata (Garlic mustard, FACU-) FACU H • Do normal environmental conditions exist at the plant community? [x] yes [] no • Has the vegetation, soil and/or hydrology been significantly disturbed? [] yes [x] no • Percent of Species which are OBL, FACW, and/or FAC: 12 • Is the Hydrophytic Vegetation Criterion met? [] yes [x] no • Approximate % of Invasive Species: 10




Habitat Type Size (Acres) % of Total Site Area Dominant Vegetation Upland successional forest 50 White oak, sugar maple

Wildlife Species Identification White tailed deer Red tailed hawk Raccoon Mockingbird Turkey Downy woodpecker


none



Client: Epic Orange Date: 12/15/04 Site: Hendler Photo: Map Key: WL A Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 10:00-11:00 Temp.: -5 C Cloud cover: 25% Precipitation: none

Geomorphology Information Recorded at the Sample Station Elevations: 380- Slope Aspect, looking downslope: 5 0 Profile position: toeslope Slope Gradient: 2% Geomorphic component: base slope Rock outcrops: [] yes [x] no Slope shape: Linear [] Concave [x] Convex [] Combination []

Water Resources Information Aquifer: Wetlands: On site red maple swamp Streams: none Vernal pools: none Wetland hydrology: Inundated: [x] yes [] no Buttressed Roots: [x] yes [] no Other Hydrology Indicators: none

Vegetation Species Recorded at the Sample Station Dominant Species Indicator Status Stratum Dominant Species Indicator Status Stratum Acer rubrum (Red Maple, FAC) FAC T Lonicera tartarica(Tartarian honeysuckle, NL) NL Shr Lindera benzoin (Spice-Bush, FACW) FACW- Shrub Typha latifolia (Common Cattail, OBL) OBL H Symplocarpus foetidus (Skunk Cabbage, OBL) OBL H Carex stricta (Tussock Sedge, OBL) OBL H • Do normal environmental conditions exist at the plant community? [x] yes [] no • Has the vegetation, soil and/or hydrology been significantly disturbed? [] yes [x] no • Percent of Species which are OBL, FACW, and/or FAC: 87 • Is the Hydrophytic Vegetation Criterion met? [x] yes [] no • Approximate % of Invasive Species: <10




Habitat Type Size (Acres) % of Total Site Area Dominant Vegetation Red maple swamp 15 Red maple, tussock sedge

Wildlife Species Identification White tailed deer Canada goose Green winged teal Green frog Black duck


none


Client and Property Information Client: Epic Orange Date: 3/24/05 Site: Hendler Photo: Map Key: WL B Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 1:00- 3:00 Temp.: 2 C Cloud cover: 25 Precipitation: heavy




FACW+) FACW H








none



Client: Epic Orange Date: 3/24/05 Site: Hendler Photo: Map Key: WL A Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 10:00-11:00 Temp.: 2 C Cloud cover: 25% Precipitation: none








Wildlife Species Identification White tailed deer Canada goose Green winged teal Red eft Black duck


none



Geomorphology Information Recorded at the Sample Station Elevations: 400 + Slope Aspect, looking downslope: 50 Profile position: Summit Slope Gradient: 5 % Geomorphic component: head slope Rock outcrops: [] yes [x] no Slope shape: Linear [] Concave [] Convex [] Combination [x]

Water Resources Information Aquifer: Wetlands: On site to the north Streams: none Vernal pools: none Wetland hydrology: Inundated: [] yes [x] no Buttressed Roots: [] yes [x] no Other Hydrology Indicators: none

Vegetation Species Recorded at the Sample Station Dominant Species Indicator Status Stratum Dominant Species Indicator Status Stratum Quercus alba (White Oak, FACU-) FACU- Tree Allium canadense (Meadow Onion, FACU) FACU H Acer rubrum (Red Maple, FAC) FAC Sap Aster divaricatus (White wood aster, FACU) FACU H Fagus grandifolia (American Beech, FACU) FACU Tree Erythronium americanum (Trout Lily, NL) NL H Juglans nigra (Black Walnut, FACU) FACU T Alliaria petiolata (Garlic mustard, FACU-) FACU H Claytonia virginica (Spring Beauty, FACU) FACU H • Do normal environmental conditions exist at the plant community? [x] yes [] no • Has the vegetation, soil and/or hydrology been significantly disturbed? [] yes [x] no • Percent of Species which are OBL, FACW, and/or FAC: 14 • Is the Hydrophytic Vegetation Criterion met? [] yes [x] no • Approximate % of Invasive Species: 10




Habitat Type Size (Acres) % of Total Site Area Dominant Vegetation Upland successional forest 50 White oak, sugar maple

Wildlife Species Identification White tailed deer Red tailed hawk Spring peeper Raccoon Mockingbird Red eft Turkey Downy woodpecker


none


Client and Property Information Client: Epic Orange Date: 4/21/05 Site: Hendler Photo: Map Key: WL A Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 1:00-2:00 Temp.: 15 C Cloud cover: 25% Precipitation: none








Wildlife Species Identification White tailed deer Canada goose Spring peeper Green winged teal Red eft Black duck Green frog


none










Wildlife Species Identification White tailed deer Canada goose Brown frog Green winged teal Red eft Black duck Green frog


none


Client and Property Information Client: Epic Orange Date: 6/8/05 Site: Hendler Photo: Map Key: WL A Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 10:00-11:00 Temp.: 20 C Cloud cover: 25% Precipitation: rain








Wildlife Species Identification White tailed deer Canada goose Green frog Green winged teal Red eft Brown frog Black duck Canvasback


none


Client and Property Information Client: Epic Orange Date: 6/8/05 Site: Hendler Photo: Map Key: Succ For Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 11:00-12:30 Temp.: 20 C Cloud cover: 20% Precipitation: rain



Vegetation Species Recorded at the Sample Station Dominant Species Indicator Status Stratum Dominant Species Indicator Status Stratum Quercus alba (White Oak, FACU-) FACU- Tree Aster divaricatus (White wood aster, FACU) FACU H Acer saccharum (Sugar Maple, FACU) FACU- Tree Claytonia virginica (Spring Beauty, FACU) FACU H Lindera benzoin (Spice-Bush, FACW) FACW- Shrub Alliaria petiolata (Garlic mustard, FACU-) FACU H Fagus grandifolia (American Beech, FACU) FACU Tree Allium canadense (Meadow Onion, FACU) FACU H Toxicodendron radicans (Poison Ivy, FAC) FAC V Erythronium americanum (Trout Lily, NL) NL H • Do normal environmental conditions exist at the plant community? [x] yes [] no • Has the vegetation, soil and/or hydrology been significantly disturbed? [] yes [x] no • Percent of Species which are OBL, FACW, and/or FAC: 10 • Is the Hydrophytic Vegetation Criterion met? [] yes [x] no • Approximate % of Invasive Species: 25





Wildlife Species Identification White tailed deer Crow Chipmunk Cardinal Mockingbird Gray squirrel Turkey Downy woodpecker Robin


none


Client and Property Information Client: Epic Orange Date: 11/15/05 Site: Hendler Photo: Map Key: WL A Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 10:00-11:00 Temp.: 5 C Cloud cover: 25% Precipitation: rain mix








Wildlife Species Identification Brown frog Canada goose Green winged teal Red eft Black duck Green frog


none


Client and Property Information Client: Epic Orange Date: 11/15/05 Site: Hendler Photo: Map Key: Succ For Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 11:00-12:30 Temp.: 20 C Cloud cover: 20% Precipitation: rain mix



Vegetation Species Recorded at the Sample Station Dominant Species Indicator Status Stratum Dominant Species Indicator Status Stratum Quercus alba (White Oak, FACU-) FACU- Tree Alliaria petiolata (Garlic mustard, FACU-) FACU H Acer saccharum (Sugar Maple, FACU) FACU- Tree Allium canadense (Meadow Onion, FACU) FACU H Lindera benzoin (Spice-Bush, FACW) FACW- Shrub Fagus grandifolia (American Beech, FACU) FACU Tree Toxicodendron radicans (Poison Ivy, FAC) FAC V Aster divaricatus (White wood aster, FACU) FACU H • Do normal environmental conditions exist at the plant community? [x] yes [] no • Has the vegetation, soil and/or hydrology been significantly disturbed? [] yes [x] no • Percent of Species which are OBL, FACW, and/or FAC: 10 • Is the Hydrophytic Vegetation Criterion met? [] yes [x] no • Approximate % of Invasive Species: 25







none


Client and Property Information Client: Epic Orange Date: 11/15/05 Site: Hendler Photo: Map Key: WL B Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 11:00-12:30 Temp.: 20 C Cloud cover: 20% Precipitation: rain mix




FACW+) FACW H






Wildlife Species Identification White tailed deer Raccoon Turkey


none


Client and Property Information Client: Epic Orange Date: 4/27/06 Site: Hendler Photo: Map Key: WL B Municipality: Goshen County: Orange State: New York Recorder: A V Agovino Time (From/to): 10:00-11:30 Temp.: 11 C Cloud cover: 20% Precipitation: none




FACW+) FACW H






Wildlife Species Identification White tailed deer Red eft Raccoon Turkey


none





Vegetation Species Recorded at the Sample Station Dominant Species Indicator Status Stratum Dominant Species Indicator Status Stratum Quercus alba (White Oak, FACU-) FACU- Tree Alliaria petiolata (Garlic mustard, FACU-) FACU H Acer saccharum (Sugar Maple, FACU) FACU- Tree Allium canadense (Meadow Onion, FACU) FACU H Lindera benzoin (Spice-Bush, FACW) FACW- Shrub Fagus grandifolia (American Beech, FACU) FACU Tree Toxicodendron radicans (Poison Ivy, FAC) FAC V Aster divaricatus (White wood aster, FACU) FACU H • Do normal environmental conditions exist at the plant community? [x] yes [] no • Has the vegetation, soil and/or hydrology been significantly disturbed? [] yes [x] no • Percent of Species which are OBL, FACW, and/or FAC: 10 • Is the Hydrophytic Vegetation Criterion met? [] yes [x] no • Approximate % of Invasive Species: 25







none










Wildlife Species Identification Brown frog Canada goose Green winged teal Red eft Black duck Green frog


none

A. V. Agovino Associates, LLC HABITAT TYPES PER MILAN GUIDELINES

STREAM, POND, & WETLAND HABITATS

stream Includes intermittent and perennial streams and rivers

open water Natural ponds and lakes (i.e., undammed, unexcavated)

constructed pond Dammed or excavated ponds and lakes

intermittent woodland pool Vernal pool in a forested setting

wet meadow

wet clay meadow

fen Calcareous low-shrub or sedge fen

kettle shrub pool

circumneutral bog lake

acidic bog

marsh Includes emergent and floating-leaved marshes

hardwood swamp Includes forested and shrub swamps

conifer swamp

springs and seeps UPLAND HABITATS

upland meadow Includes inactive agricultural land, herbaceous oldfields, farmed meadows, pasture, hayfield, and cropland

upland shrubland Includes shrubby oldfield and other shrub-dominated habitats

orchard/plantation For example, Christmas tree farm; fruit orchard; young (seedling-sapling size) plantations

cool ravine Very deep, very narrow ravine, with rocky slopes flanking rocky stream at bottom; creating very cool, shaded environment with unusual plant and animal community

upland hardwood forest > 75% hardwood cover

upland mixed forest

mature upland conifer > 75% conifer cover; includes spontaneous conifer stands

forest and mature plantations

crest, ledge, and talus Includes noncalcareous CLT, as well as CLT of unknown bedrock chemistry

calcareous crest, ledge, and talus

waste ground Abandoned soil or rock mines, active private dumps, unreclaimed landfills, post- industrial or commercial sites, other areas with stripped topsoil and little vegetation

cultural Manicured areas lacking structure, pavement, etc.; e.g., ballfields, campgrounds, large lawns, mowed park-like areas under trees

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Documents

HABITAT ASSESSMENT REPORT