In order to qualify as a state-protected wetland, the lake would have to be connected to the larger system of KE-7 wetlands, since it is smaller than 12.4 acres; the state only protects wetlands that are this size or larger. (On rare occasions, the DEC will protect a smaller body of water on the basis that it is of special significance.) The federal government protects smaller wetlands, but only if they are located near a navigable body of water.
And in fact, on old DEC maps, kidney-shaped Hutter Lake is labeled “KE-7.” Furthermore, in 1977 a DEC environmental analyst who visited the lake wrote in a memo that the lake was connected to the KE-7 wetlands. “This is a model wetland with standing water everywhere and purple loosestrife, red maple, American elm, duckweed,” he wrote.
Despite the earlier designation, Duda said DEC officials had long since determined the lake was isolated from the other KE-7 wetlands and therefore was not subject to state protection. Old maps delineating state-protected wetlands are often out of date and inaccurate, she said. In this case, DEC staff had visited the lake numerous times and staked out the wetland with flags, noted Duda.
“Wetland maps are approximate,” she wrote in an e-mail. “In order to determine the actual location of the wetland, an on-site delineation of the boundary would be undertaken by a wetlands biologist,” as is the case at the Callanan mine.
She said the body of water was subject to oversight by the Army Corps of Engineers, which allows Callanan to mine up to the perimeter of the lake, but prohibits the company from dumping materials into the lake or otherwise destroying it, she said.
But Budziak said the DEC never officially declassified Hutter Lake as a protected wetland, a process that includes holding a public hearing, she said. “The DEC website very clearly gives the guildelines for declassifying a wetland, which includes a public hearing. But none was ever held,” she said.
Budziak’s group also claimed Hutter Lake isn’t isolated, as the DEC claims, but flows into a tributary to the north, which should qualify it for additional federal protection. “It is part of the Hudson River watershed,” said Budziak. “Hutter Lake did flow both ways, not too very long ago. Now Callanan is blasting so close to Hutter Lake that it’s losing water.”
Silt caused by excavation operations has caused the lake to shrink by 10 feet, she said. Budziak described the lake as a smaller version of Mohonk and said it is a rich habitat for wildlife. “There is a beaver dam at the north end … the area just north of the mine is even more sensitive, with many uncommon ferns, mosses and other flora,” said Budziak, who has photographed the birds, amphibians, and plants inhabiting the ridge.
Is Hutter Lake really a lake?
Peter Zeh, the Albany-based project manager of the Callanan East Kingston mine, said it was a stretch calling the wetland a “lake,” since it was probably created by past mining activities. “We found old mining equipment and remains in the area from the turn of the last century,” he said.
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.