Critics charge that arrangement is equivalent to a rubber stamp. However, Callanan is subject to various types of oversight by the DEC. The company is required to have special DEC permits for both the discharge of any storm water on the property into the Hudson River as well as the air emissions from its asphalt and stone-crushing facilities. The vibrations and noise from the blasting of its explosives cannot exceed the levels established by the U.S. Bureau of Mines, which Duda said have been shown to not result in damage to neighboring structures. (See sidebar.)
In addition, in order to comply with New York’s State Historic Preservation Act, Callanan has had to conduct a cultural resources study, which involved the funding of various archaeological explorations within areas designated for future extraction. These studies resulted in the discovery of several paleo-Indian sites, including a prehistoric rock shelter containing shards of pottery and burned wood hundreds of years old, that the state Office of Parks, Recreation and Historic Preservation (OPRHP) indicated might be eligible for listing on the National Register. The DEC has subsequently required the company to map out the sensitive area and leave it undisturbed until further study.
The DEC also prohibits Callanan from disturbing two state-designated protected wetlands, located in the area to the west of Route 32, where Callanan has been expanding its mining. The wetlands, which are labeled KE-7 and KE-3 on DEC maps, are protected by a 100-foot buffer zone, marked by flags.
Protection of these wetlands was apparently an issue for the DEC back in 1987, when the agency attempted to subject Callanan to an environmental review by requiring it to apply for a new permit, rather simply renew its existing one. Callanan subsequently filed an Article 78 lawsuit against the agency, which was settled by a Stipulation and Order from the state Supreme Court in 1995. The Stip, as it’s referred to by the DEC, upheld the exemption, but it also prevented the mining company from harming the state-designated protected wetlands — unless it obtains a freshwater wetland permit from the DEC.
Local environmentalists allege Callanan is in violation of the required 100-foot buffer and claim that these wetlands are being impacted by mining activities. A farm lane located within the 100-foot buffer zone has been filled and widened for heavy earth movers and truck access, they claim.
Duda said if the company was applying for a permit today, “the Department would reconsider the mandatory 100-foot wetland setback to ensure it is adequate to protect wetland resources. As the law stands now, there is a mandatory 100-foot adjacent area from the delineated wetland.”
But she denied that Callanan is building a new road within the 100-foot boundary zone. “The company has commenced the construction of the new haul road which is to the north of the farm road and outside the 100-foot adjacent area of KE-7,” she noted in an e-mail. She also said that to date, the DEC had not received any complaints about the turbidity in the wetland and was unaware of the problem until being contacted by this reporter.
What’s up with KE-7?
A key bone of contention is the DEC’s omission of a wetland located to the northwest of the horseshoe-shaped body of water referred to as KE-7, which is known colloquially as Hutter Lake. Environmentalists claim the lake, which was once used as a recreational camping and fishing spot, is connected to KE-7 and therefore qualifies as a protected wetland by the state.
First of all I would like to thank the Kingston Times for bringing the wetlands scenario to light. We may not be in the City of Kingston but we do surround it on all sides so things that happen here can ultimately impact the city. The wetlands in question run from the City line all the way to Glenerie falls on the Saugerties line. They are connected and are endowed with amazing habitats. In 2009 I was fortunate to have participated in one of Hudsonia’s Biodiversity Mapping programs. That year our group mapped 3200 acres in the western part of the City of Kingston and the Town of Ulster. It was an amazing experience and we all learned many things. Having completed that area I decided to take on the Route 32 corridor which has a unique ‘Ridge’ and adjacent wetlands! The ‘Ridge is the first thing you see when you cross the Kingston Rhinecliff bridge on your way to the Catskills. This is the gateway to the Catskills and could be the prime stopping place for tourist but the main attraction is more than likely the Hudson valley Mall.
During the months between 2009 and the present I researched the Route 32 corridor and what is presently happening there and the best uses of the area. In mapping an area you must look at all kinds of reports (Archaeology)and maps as well as special photos and even Google Earth (which can save a lot of walking) The geology of the ‘Ridge’ is primarily calcareous (lime stone which lends itself to the presence of many of the more rare species. There is one wetland on the ‘Ridge’ which was historically connected by a small stream and Hydric Soil (soil that retains water) Some of the local people and historians know the northern part of this wetland as Hutter Lake or Steneracka and is on maps back to the early 1800’s–It is also on all the wetland maps my group has examined and to our knowledge has never been formally declassified or deregulated .It is not listed as such on the DEC web site nor was there a public hearing to do this. We are very concerned about this area as even though Mr. Zeh says they mitigate the areas destroyed by mining replacing flora and fauna that is indigenous to a specific geology is next to impossible. Specific moss and fern do not grow just anywhere. I have read of the work that both Callanan and Tilcon have done and will say they have done excellent work however they were not replacing something as sensitive as this and for the most part improved on the areas destroyed by their mining. This ‘Ridge’ is connected geologically to the area in Rosendale and the Schawgunks .
Callanan and Tilcon own 1000 acres in Ulster county. There are 130 areas being overseen by the DEC (Helena Duda) not all are actively mined or permitted at this time but many can produce the very same product that is now taken from the east Kingston Quarry and many of those areas are locally owned. I am sure if one really looked we could buy American even though it is our earth. The $50,000 quoted for taxes on the East Kingston Quarry is broken down into around $18,000 municipal tax and the rest goes to the Kingston City School District.
In response to Ms Duda’s statement that Hutter lake is isolated I would ask folks to Google Earth and look for yourself. Both sections of KE-7 are subject to over site by the DEC and the Army Corp of Engineers according to multiple wetlands maps. It is a pity that companies like Tilcon/Callanan dodge SEQRA which gives them license to destroy so much. Does it make that big a difference in the bottom line? Do they hold “The People” in such low esteem that they take away their voice? This is not working with Folks! This blatantly ignoring the plight of the people especial those of East Kingston not to mention the Native American’s who’s history lies along that ‘Ridge’. There are ancient paths that run north and south along that Ridge. There are at least seven noted archaeological sites and one that has been documented by Ritchey who was the State Archaeologist many years ago. There are representatives of the Munsee people from Canada who have asked for recognition when these sites are studied.
I guess I am hoping that somehow the parties involved in the making of ‘Two Lakes’ might consider the “People”, “We the People”.
‘LAW’
Land, Air and Water
A Coalition for the Protection of Natural Resources
Nora Paul Budziak
[email protected]
I know that Callahan destroys wetlands. I lived in East Kingston and Kingston all my life. I ice skated on lakes and ponds where Callahan now exists. There were two lakes on Devils Lake Road that have been filled with sediment and drained. You can still travel toward Kingston on that road and see other wetlands still in existence. How could anyone believe that these wetlands did not extend into East Kingston?? And this is what is going to happen to Hutter Lake. It is NOT isolated. Nor were the Lakes that were destroyed by Callahan. Some were spring fed.