Friday, April 24, 2009

1 Disoriented Little Brown Bat Spotted Flying Around Our House

Every year, from fall til spring, we have had bats in our attic. We used to think this was a problem and had started on a "brain-storming" campaign on what was the best way to get them out of our attic but still have them hanging around. Bats are one of natures best bug controllers. Each little brown bat eats up to 3,000 bugs, misquitos and gnats per day. We had consulted with some bat experts who were instructing us on how to build bat houses into which we had hoped our attic-dwelling bats would migrate into, once we have evicted them from our house.

Due to the bat-die off that killed 98% of our areas little brown bats,....that project has been put on hold. It just may be that there will be no more little brown bats to house.

I saw a single one flying cover our house yesterday, flying eratically in broad daylight, probably in seach of food (they are only supposed to come out at night) and it was a particularly cold day with the temps hovering just above freezing. I believe that single bat was dying....like all the rest.

Goodbye little brown bats. We will miss you. I am sure it will be a hot, buggy summer for us here on the river without you. Hope you come back someday.

Monday, April 20, 2009

FRA: Railroading the Public (again)

State, railroads butt heads over private crossings

By ALAN SAYRE AP Business Writer

Amid pushes to improve safety by closing railroad-highway intersections, the state and the railroads are butting heads over the shuttering of private crossings that farmers often depend upon to travel across their property.

Unlike urban crossings marked by warning lights and automatic gates, these crossings often are on remote stretches of rail lines that separate agricultural lands, typically marked by only a crossbeam sign. Others provide crossings from public highways to private land and across closed-in industrial sites.

Farmers have been complaining for years that the crossings often are closed without any notice and getting them reopened is a costly proposition with the railroad often wanting the landowner to assume responsibility — and the cost — for liability and maintenance.

Earlier this month, the Public Service Commission, acting on a 2008 law that gained 31 Senate sponsors, claimed authority to approve or veto private crossing closures in Louisiana — a move widely expected to be challenged in court by the railroads.

"They're trying to shirk their responsibility on liability. That's what this is all about," said Public Service Commissioner Foster Campbell.

In Louisiana, according to the Federal Railroad Administration, there were 3,524 public crossings at the end of 2008 and 2,864 private crossings classified as at-grade, meaning the highway and the rail meet at the same level. Since 2000, 233 public crossings and 300 private crossings in the state have been closed, the FRA said.

The dispute comes as Louisiana remains one of the highest states for highway-rail collisions. The state ranked fifth in the nation in 2008 in wrecks and sixth in fatalities, according to Operation Lifesaver, a crossing safety advocacy group.

But FRA figures show that private crossings are responsible for only a small handful of the accidents that grab public attention.

In 2008, public crossings accounted for 99 of the 113 crossing accidents reported in Louisiana. All 15 deaths involved in the accidents occurred at public crossings, along with 40 of the 43 injuries, the FRA said.

Carmack Blackmon, general counsel for Louisiana Railroads, an industry lobbying group, said railroads are under a "directive" from the FRA to close 25 percent of the nation's rail crossings.

"This is about safety," Blackmon said. "The more crossings you have, the more collisions you have."

But FRA spokesman Warren Flatau said the 25 percent figure was issued by former agency head Gil Carmichael as "a challenge to the industry." Flatau said the figure is neither law nor regulation.

State and local governments deal with railroads on public crossings. Private crossings are a matter between a landowner and a railroad, Flatau said.

Jimmy Hoppe, a Jefferson Davis Parish farmer who lost three crossings on his farmland in late 2007, said members of the public who might be endangered by such crossings likely are trespassing.

Hoppe said he received no advance warning before the 68-year-old crossings were closed and dismantled. To farm rice on a 250-acre plot, he had to drive his equipment on U.S. Highway 165 and a quarter mile through someone else's property as a result of the closings. After about six months of negotiating, he got what he called a "temporary crossing," which is still there.

"Instead of improving public safety, they're actually creating danger by forcing farmers to take that heavy equipment out on public roads to get to these isolated fields," said Jim Simon, head of the American Sugar Cane League.

Blackmon said most of the private closures are aimed at removing unneeded multiple crossings over a small area. But some farmers say one closure is enough to cause them misery.

Keith Post's family farm in Madison Parish lost direct access to a portion of their land when a 30-year-old crossing was pulled up. He had never had a contract with the railroad. Now, he said he's been told to make an application for a new crossing — along with an $8,000 fee.

"When you got this 30 years ago, you met a man at the track, you agreed and you shook hands," he said.

Under the new law, railroads must make an application at least 180 days before the proposed closure of a private crossing. The PSC will conduct a public hearing before deciding whether to allow the closure.

But Blackmon said the railroad group is studying a possible lawsuit claiming a state constitutional violation dealing with private property. The disputes involve two private property owners — the owner of the land and the railroad that has right of way, he said.

"This belongs in the courts, not with the PSC," he said.

In another conflict with railroads, the Legislature last year implemented the Federal Railroad Safety State Participation Program, already adopted by 30 other states. Railroads pay fees for inspectors, for warning devices and track maintenance.

Acting on a suit filed by Louisiana Railroads, a state judge said in January that the law unconstitutionally allowed the PSC — rather than the Legislature — to set the fees. Campbell said the Legislature might be asked this year to include fees in a new bill.


http://license.icopyright.net/user/viewContent.act?clipid=258844505&mode=cnc&tag=3.5721%3Ficx_id%3D20090419-stolfiler-la0392

Saturday, March 28, 2009

The Great Northeastern Bat Die-Off

We used to have bats in our attic every year. Not a one have we seen in nearly two years!
Johnsonville, NY 3/28/09

As bats die, feds ask people to stay out of caves
Posted by: "Maureen Koplow" mkoplow@comcast.net share112943
Fri Mar 27, 2009 7:31 am (PDT)
Forwarded message - for info, please visit
http://www.dailyrecord.com/article/20090327/UPDATES01/90327006

As bats die, feds ask people to stay out of caves

By MICHAEL HILL
Associated Press Writer
March 27, 2009

ALBANY, N.Y. (AP) -- Citing an "unprecedented" crisis of bats dying
off from West Virginia to New England, federal officials on Thursday
asked for people to stay out of thousands of caves in states struck
by "white-nose syndrome."

The U.S. Fish and Wildlife Service made the request to guard against
the possibility that people are unwittingly spreading the mysterious
affliction when they explore multiple caves. There is no evidence that
white nose is a threat to people.

Named for the sugary smudges of fungus on the noses and wings of
hibernating bats, white-nose bats appear to run through their winter
fat stores before spring. It was confirmed in eight states this winter
from New Hampshire to West Virginia and there is evidence it may
have spread to Virginia, according to wildlife service spokeswoman
Diana Weaver.

Some death-count estimates run as high as 500,000 bats. Researchers
worry about a mass die-off of bats, which help control the populations
of insects that can damage wheat, apples and dozens of other crops.

The advisory seeking a voluntary caving moratorium also would cover
states adjacent to affected states -- a swath of the nation stretching
from Maine down to North Carolina and west to Tennessee, Kentucky
and Ohio, Weaver said.

Recreational cavers, who have enthusiastically supported past white-
nose control efforts, seemed bewildered by the breadth of the request.
Peter Youngbaer, white nose syndrome liaison for the National
Speleological Society, said the advisory covers tens of thousands of
caves and would affect everything from organized caving events to
equipment sales.

"The ramifications are mind boggling, and I guess we're all just trying
figure out what to do," said Youngbaer, who is based in Vermont.

"I think to great extent it will be followed, but there will be a lot of
discussion and tweaking about it," he said.

Researchers suspect a fungus that thrives in cold, moist caves causes
white nose and that it is spread from bat to bat. But the syndrome
has spread more than 400 miles from the cluster of caves near Albany
where it was first observed two winters ago.

Researchers are concerned that humans could be helping the spread,
perhaps through jackets or boots worn in an infected cave. Weaver
noted that some of the affected caves are popular with cavers.

Federal officials also ask that cavers nationwide refrain from using
gear that has been used in states struck by white nose or the adjacent
states. Officials ask that everyone avoid caves and mines during the
winter hibernation season so bats will not be disturbed.

On the Net:
http://www.fws.gov/northeast/white--nose.html.

Friday, March 20, 2009

Rensselaer Plateau Gets Overdue Respect



Submitted by Dan Hendrick on Wed, 2009-03-18 18:02.

Since it was founded two years ago, the Rensselaer Plateau Alliance has been working on a plan to set aside protected corridors connecting the most environmentally important portions of the area.

Only small portions of the Rensselaer Plateau currently enjoy protections.These 105,000 acres of high country in eastern Renselaer County, bounded roughly by Route 7 to the north and Route 43 to the south, comprise the fifth largest intact forest left in New York State.

"The biggest natural treasure of the entire region is hiding in plain sight, Alliance founder James Bonesteel, a Stephentown software engineer, said in a recent interview with the Times Union. "We are only about 30 minutes by car from Albany, and development is slowly creeping out here."


Rensselaer Plateau encompasses Tibbets State Forest in Hoosick, Pittstown State Forest in Pittstown, Grafton Lakes State Park, Dyken Pond Center, the Capital District Wildlife Management Area and Cherry Plain State Park in Berlin. The headwaters of seven Hudson River tributaries originate in the Plateau, including those that fill the Tomhannock Reservoir, which supplies water Troy and several other county communities.

County and municipal officials support the idea. "We are seeing a significant increase in the larger developments coming to Nassau," said David Fleming, supervisor of the Rensselaer town. "We had building permits for 72 houses last year, and for us, that is a lot."


Bonesteel said the Alliance's goal is to provide a mosaic of protected land, working forest and good stewardship of privately owned land.



Dan Hendrick's blog | email this page | printer friendly version
NYLCV Blog | Filed Under: Land Use,Rensselaer, Capital District

http://www.nylcv.org/ecopoliticsdaily/20090318_rensselaer_plateau_gets_overdue_respect

Friday, February 20, 2009

Hi-Speed Rail for Johnsonville back on track again?



There is talk now that the plans for a high-speed "bullet-train" are back on the agenda since the Economic Stimulus Plan sets aside so many billions for railroad expansion. However, since this rail would run through our quaint little hamlet and ajoins many private property boundaries, the train would be running LITERALLY through our back yards. We say NO to bullet-trains running through our yards.
-------------------------------

Stimulus Breathes New Life Into Buffalo-NYC High-Speed Rail

Submitted by Dan Hendrick on Thu, 2009-02-19 15:40.

The passing of the federal stimulus package, with its $8 billion earmarked for various transportation projects, has breathed new life into existing plans to build a new high-yield rail service in New York's Empire Corridor.

According to Sen. Charles Schumer, the proposed improvement of the route from New York City through Albany to Buffalo is a prime candidate to receive part of this funding. Schumer, along with other state and federal lawmakers, have expressed support for this project given the "aging and ailing" condition of the rail system in Western and Central New York.

With the present set-up, passenger trains must share tracks with freight trains, crossings and other structural details have caused delays (and would need to be upgraded to accommodate high speed service) and the need for a second track between New York City and Albany is growing.

The project has garnered support from U.S. Rep. Paul Tonko, who supports an upgraded passenger rail system to help "take cars off the road, reducing congestion, pollution and saving fuel."

40 Yrs after clean-up, Rensselaer dump still polluting



40 Years After Closure, Rensselaer Dump Still Polluting

Submitted by Dan Hendrick on Thu, 2009-02-19 15:22.

A toxic dump site in Rensselaer County is still wreaking havoc on the local environment, four decades after it was closed.

Valatie Kill is one of the bodies of water affected by the PCB contamination.Local officials in the town of Nassau said they are alarmed at the high level of polychlorinated biphenyls, or PCBs, that are being found in fish near the Dewey Loeffel site, according to the Times Union. The fish were sampled in Nassau Lake and Valatie Kill.

Since 1979, the Department of Environmental Conservation has monitored the 16-acre dump site off Mead Road, which operated from 1952 to 1970. The state Superfund site contains twice the volume of industrial pollutants found at the Love Canal toxic waste site in Niagara Falls.

The Citizens' Environmental Coalition has long advocated for a more stringent cleanup, but state officials say there are too many such sites around New York and not enough money to clean them and dispose of the contaminants.


Dan Hendrick's blog

http://www.nylcv.org/ecopoliticsdaily/20090219_40_years_after_closure_rensselaer_dump_still_polluting

Monday, December 29, 2008

DEC Confused about Our Comments?

Christine - I was reading through your report today, and noticed a collection of articles related to California mining industries, regulations, etc., and a history and mission for the PJHRP. But I did not see any comments or concerns relative to this operation, and the regs and NY specific situation and standards, or site-specific concerns that you had that you were requesting responses on. I understand that California has ozone and air quality related problems, however, Pittstown is not on the same air quality level as California (thankfully), so I am not understanding the correlation. Did you have site-specific comments and concerns for this proposal? could you send them to me? sorry.......

----- Original Message -----
From: "QARR"
To: "Nancy Baker"
Sent: Sunday, December 28, 2008 5:23 PM
Subject: Re: Comments / Pittstown Mining


> Nancy, I am particularly concerned about interference with our forever
> scenic green & blueway and the disruption the trucks will bring to the
> quiet enjoyment of the river and the surrounding wildlife, as well as the
> pollution the trucks and "particulate matter" from mining
> operations, -pollution of the sort that is not unique to any one
> geographical area but is common to all sand & gravel mining operations.
> Bottom line is that Mining has no place in or near residential communities,
> particularly ones like ours that are striving to preserve our rural heritage
> in harmony with nature. Despite with Mr Reeves says, the mining operations
> are LESS THAN A HALF-A -MILE from our Riverside community.
> Thanks
> CJ
> ----- Original Message -----
> From: "Nancy Baker"
> To: "QARR"
> Sent: Monday, December 29, 2008 3:09 PM
> Subject: Re: Comments / Pittstown Mining
>
>
>

Comments in Opposition to J'Ville Mining in On Time

Subject: Comments / Pittstown Mining


Nancy,

Please find a link below to my commets. I hope I have submitted on time. I rushed like hell but I think I got my point across.

http://www.freewebs.com/erthma/no2mininginjville.htm

Can you confirm receipt of this for me when you get it?
Thanks!

Chris Jubic, Founder,
The Pittstown / Johnsonville Hoosic River Project
--------------------------------
From "Nancy Baker"
To:
Sent: Friday, December 26, 2008 6:28 PM
Subject: Re: Comments / Pittstown Mining


I did receive your comments, Christine. Thank you. I will keep you posted - happy new year.


Click on title above to read comments.

Thursday, December 18, 2008

Pittstown Minutes; May 12, 2008

Click on title for full transcript;

http://pittstown.us/PDFforms/Town%20Minutes/TB_minutes_May%2015%202008.pdf

Pittstown Problems or Why they call it "The Pitts"

I have always heard it but never realized how true is was until we moved here seven years ago. Pittstown, NY is definately the junk-yard capital of upstate New York. In 1999, my husband and I had qualified for a FHA Homeowners loan and we eagerly set out to do some house-hunting for our first home. We were only qualifed for $57,000 so really didnt have too terribibly much of a choice of which homes to look at. Most of the houses we liked were way out of our range and we searched for months and months but couldnt find anything within our budget. Until one day I received a flyer in the mail about a real estate auction that would be taking place in a couple of weeks and had some nice looking reasonably priced properties advertized there. There was one in particular that we liked as it located in the country, was within our price range and we were anxious to move from the city. We made an appoint for a pre-auction walk through and when we pulled up to the house to park we were appalled to see the condition of the house right NEXT door to us, less than 20 feet away and sharing a property line. Although the "house" was occupied, , ....for all intents and purposes, judging by the delapitated run down appearance of the building iteslf, it looked like it should be immediately condemmed. The 2 acre lot on the side of the house was a total an complete "back-yard" junk yard, with EVERY MANNER of debris to be found there; old cars, boats, pallets, school buses, hundreds of tires,and litter and debris of all kinds all over the place. I knew in a heart beat the place was not for us, eventhough it was about to go on the auction block for cheap. Now we knew why. Well, since we were already there and the sale property was pretty nice looking from the outside, despite the deplorable conditions next door, we decided to have our walk around so as not to waste the realitors time. So we went in. Much to our suprise the house was really nice, had been modernized in recent years with a big room country kitchen, den, living room w/ fireplace, a full bath and laundery room down, and three bedrooms and a full bath up. All in all, for the money, it was a very nice house, and if it werent for the ramshackle house nextdoor almost ontop of us, and the two acres junk yard to go with it, we would have bought it on the spot if it were possible. It must have been the realitors first showing of that property as she looked in a bit of a state of shock also at the deplorable conditions next door. We let her know that we would have been interested in the house if it wernt for the "problem" next door. She offered that she would call the town supervisor, at that time a Mr.Salisbury, to see what the story was on all the obvious CODE VIOLATIONS regarding the adjoining property. Well, it was only a few days after that that the realitor called us back with some "good news." Mr. Salisbury had informed her that the property was currently under citation for the State Department of Environmental Servies (EnCon) and was under ORDERS to clean up the property. Through our real-eatate broker, we were assured by the town that the property was "in the process" of being cleaned up. Of course, wanting to be sure, we did call EnCon to inquire and they said "yes," indeed it was true. They were overseeing a clean up of the property, (EnCon Case #__________) . With this piece of "good news," we went ahead and bid on and "won" the property at 118 River rd. In January 2000, we moved in, and come the warmer weather of March and April, we watched "gleefully" as the clean-up next door began. Several junk cars and dozens of old tires were removed, as well as a stack of auto-batteries and some other miscellanous debree. The "clean up" "looked" as if it was going well, with bon-fires buring every day for weeks while scrap lumber and other stuff was burned off. Then around the end of April, we noticed not a slow down but a sudden cessation of all activites. Days went by and still no sign of any further clean up efforts. Curious, I called the EnCon Officer in charge of the clean up to inquire as to why the cessation of clean-up activites, and you can imagine my suprise when she told me that EnCons mandated cleanup of that property was through! Through, I thought! Yes they did take some stuff out but it still looked as bad as ever, to say nothing of the falling down house rife with serious code violations but wasent touched! For all the junk they did take out, there was 10 times that still laying all over the place. For all intents and purposes, it looked exaclty the same as before the clean up. If you didnt know there was a clean up, you would never know. The place looks as bad as ever. When I questioned EnCon as to why they would close the case before the clean up was compete., the EnCon officer asvised me that it was just a "minimal" clean up, explaining to us that EnCon didnt have any enforcement powers over junkyards, advising me that the completion of the clean up would be up to "the town" to pursure. So started our never ending battle with the town of Pittstown to get the property next door cleaned up. We went to town meetings, we wrote letters, in 2002-3, we even had the State Department of Code Enforcement open a case on this property and ORDERED the town IN WRITING to do a clean up IMMEDIATELY. However, and I was amazzed at the gall of the town,...the town just plain out ignored the State Department order "just like it never came down." When I called to question Mr. Scott, the Enforcment officer at the State Department as to why he would let the town get away with ignoring his order, he informed me that he had spoken to the town supervisor over the phone and that the town supervisor had "promiced" him he would "get busy" with the clean up. Based on the town supervisors promice to perform, the State Department "closed the case" on this property! We think a lttle premature? Imagine our dismay when several months later there was still no futher clean up on that property by the town or anyone else.....sooooo, back to the town meetings every month we went, getting accused of making a nusiance of ourselves over the nuisance property next door. "Trouble-makers" we were called, and no help from the town, the county or the state was had. Back to to the letter writing campaign, the State Dept again, the Attorney Genrerals Office, and all who else I could think of that might be able to help us get the deplorable property right next door to us cleaned up. All to no avail. During the course of our battles for a clean up, I did a FOIL request to the town for copies of "any and all" complaints that had been filed againts this property for the last 20 years. Incredibly, we received in reply a stack of complaints going back to the late 1980's!
*Any good lawyers out there looking for an easy win case against the town, the county and the state for failure to do their jobs? Contact me at: CJubic@nycap.rr.com

Fast forward to 2004. A fire. Thank God that no one was hurt but the offensive building went down to the ground "in a flash." Fast forward to 2008, and you will have to click on the title above to see what that 2 acre lot next door to us looks like today;

bear in mind as you look at the pics, this property has a documented history of complaints going back to the mid-80s, and I personally have been complaining about over the last EIGHT YEARS to anyone even remotely liable for enforcement of property maintenance codes and its clean up,...starting from the town on up to county, state and even attorney general offices. Apparently nobody gives a dam but me. Nobody wants to do their job, they are all passing the buck one to eachother but I say the buck stops here,...with the birth of Johnsonville Residents Who Really Care Campaign! We think that "Real" Smart growth begins with a dedication to natural & rural preservation FIRST and FOREMOST above ALL ELSE. That is the foundation of "Real Smart" Growth & Planning - We need more that "Smart Growth," we need "REal Smart" Growth for we are in critical times and living in a critical environmental area. Wake up ans smell the coffee Pittstown, before your rural heritage disappears as will your farm lands and open and natural spaces if you dont start appreciating them NOW!

Pittstown Minutes; July 2008



Click on title above for transcript

Petition Against Mining in J'Ville



You dont have to be a J'Ville resident to be for "Smart Growth," so all are invited to sign to have your say about putting mining operations so close to a rural riverside community (well within one mile) where we have created a secenic way along the river with a public boat launch and plans for a nature preserve....

SOS for J'Ville: NO to Mining Operations



Comments due to DEC by December 26 (we got a one week extention)
Click on title to read more about Pittstowns proposed plans to continue and expand the sand & gravel mining operations not ONE MILE from our quiet & quaint little rural riverside community where we have created a "forever scenic green & blueway" along the banks of the beautiful Hoosic River, and with plans for a wildlife sanctuary! How well would that go with the noisy air-polluting trucks? NOT. Not to mention the effect of removing the soil, sand and gravel from the mountain behind us will have on our ground and well-water. Can you belive DECs accessment that no environmental impact studies are necessary? Geez. What waz dey smokin?
Just say NO to mining in J'Ville for all of the tiny little hamlet is a CRITICAL ENVIRONMENTAL AREA. Think it aint so. Come on down anytime I would be glad to show you around.