To the Editor:

I am writing in opposition to the draft environmental impact statement filed by Rapp Road Development Corporation, a pseudonym for Pyramid LLC, the owner of Crossgates Mall, which was filed to develop 47 acres of pine bush into a variety of projects such as a gas station built in sand over an aquifer.

The level of development proposed is dense, inappropriate to the area, and also bent on increasing traffic in a congested area; designed to create noise pollution in a residential community and determined to disrespect rare and federally endangered species of the inland pine barrens in this area.

It is not legal to develop land before a state environmental quality review is completed. However, Carver Companies with the Guilderland Police and Crossgates security as escort, entered part of the proposed development land, and proceeded to clear-cut the majority of the trees on 27 acres of land on March 26, 2020.

While the Guilderland Coalition for Responsible Growth and Save the Pine Bush protested, asserting that the clear cut was in fact illegal, there was nothing we could do to prevent it until the zoning inspector issued a cease-and-desist order the following day ...

Meanwhile, I’ve been writing about the importance of peripheral lands as buffers in the wildlife-urban interface. There are many reasons to maintain a wide buffer for the pine bush; one is that pine bush species are adapted to flee to peripheral areas when there is a disturbance or controlled burn in the pine bush; they need somewhere to go.

Another reason is that this land allows a little space between the animals and the shoppers at the mall, which is an important factor in preventing zoonoses transmission. Another reason is that a buffer prevents the microclimate changes brought about by concrete and other impermeable surfaces from impacting the actual habitat, such as the critical Karner blue butterfly breeding ground of Butterfly Hill.

It creates a tree line that prevents light pollution and shade effects over Butterfly Hill; it separates impacts such as feral cats who hunt birds, tall buildings that result in bird strikes, pesticides and hikers from the rare species breeding ground. Buffer is essential to the protection of the pine bush.

For more information about the land dispute, please refer to my detailed public comment to Pyramid’s draft environmental impact statement, posted with this letter at www.altamontenterprise.com. Thank you!

Grace Nichols

Save the Pine Bush

On the Value of the Areas of Proposed Development to Wildlife and the overall Pine Bush Ecosystem

By Grace Nichols, Save the Pine Bush.

I. Periphery acreage is essential as a reservoir for species.

I read with interest the 1991 Fire Management Report by Zaremba, Hunt and Lester (attached),
in part because it provided a wonderful description of how species utilize the periphery of the
managed pine bush. They use it to flee to when a disturbance, namely a wildfire or controlled
burn, or other disturbance, impacts their habitat. They have adapted over thousands of years of
evolution to do just this. They hide elsewhere as the fire passes over or the threat dissipates
and then they return to the pine bush.

On page 41, the report states:

Many Pine Bush animals have adaptations to periodic fires. Some such as hog-nosed
snake, worm snake, Fowler's toad, and spadefoot toad, escape the heat of fires by
burrowing underground (Benton, 1975; Cryan, 1980). Others such a s butterflies, birds,
and large mammals , move to adjacent areas of similar vegetation that are unaffected by
fire (Bristol et al., 1978; Cryan, 1980). Insects and small vertebrates are usually killed by
fires, but quickly recolonize from adjacent unburned sites (Cryan 1980; Schweitzer,
1985). Fires often improve habitat for these species, resulting in increases in population
size despite some mortality during the fire. Many animals characteristic of the Pine Bush,
such as Karner Blue Butterflies and Inland Barrens Buckmoths, are dependent on the
specialized pitch pine -scrub oak barrens vegetation, and are consequently indirectly
dependent on fire (Bristol et al., 1978; Forman and Boerner, 1981; Schweitzer, 1985)
Interestingly, a more recent report, attached, backs up these assertions with camera trapping
data. From 2014-2017, Cameras were placed throughout the pine bush to monitor wildlife. See
Amanda Dillon's Camera Trapping report, (attached). It was found that after a management
event, all the wildlife except white tailed deer disappeared for awhile. You might ask, where did
they go? All the data states they fled to the periphery of the pine bush to wait out the disturbing
event. After that they return to the Pine Bush, to the area burned or otherwise disturbed. Now,
wouldn't it be a pity if they had nowhere, unpaved, to move to!?

We believe that may be what happened to the sad but very rare worm snake (See Natural
Heritage Program report page 40 of Appendix G to the DEIS-- this species is "of special
concern" and almost never seen in New York State) who ended up dead on the footpath
adjacent to the 20 acre site located next to the buffer of Butterfly Hill. This would suggest, the
species would prefer that there were less, not more, cement in the area.

The presence of the worm snake suggests the area proposed for three 5 story apartment
buildings, townhouses and parking lots, may just be a very important piece of these animals’
survival strategy. The Albany Pine Bush Preserve Commission has, in its 2018 Fire

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Management report, declared their intention to conduct controlled burns near Crossgates, and
this plan has been approved. When this happens, where will the species go? We suggest that
the areas surrounding the Butterfly Hill and the Utility Lines’ Right of Way strip currently
colonized by pine bush species, are important habitat for them when either the Pine Bush
Commission burns their habitat (to restore it) or nature does it. Other disturbances in the area
are likely to trigger these flight behaviors as well, as the species are well-adapted to remove
themselves from hazardous situations or any possible threat. Please take care to identify the
important uses of this land to wildlife.

The DEIS reports a wood thrush, considered a rare species, was found on the proposed
development sites. In Appendix B to Appendix G, there is a list generated by the US Fish and
Wildlife Service called an IPaC list. It lists the migratory birds with special conservation status
which may be found in the proposed sites slated for development. The Hylochicla Mustelina,
Wood Thrush, is on the list. Of course, it's presence makes us wonder about the possibility that
other rare species which may be present there. Unfortunately, we have no camera trapping data
for these sites. However, the real test of the land's worth to species is the behavior of the
species during a disruption. While this is hard to monitor in the surveys the DEIS relies on, and
it is absent from their report totally, it is an important reason to allow this piece of land to remain
undeveloped and remain as adjacent habitat for pine bush species.

II. Peripheral acreage is important as a buffer.

When a person stands on Rapp Rd, near the Right of Way, they can imagine how their houses
will be impacted by the disappearance of the twenty acre woodlot between Crossgates Mall Rd
and Gipp Rd. No longer will the trees block the light from thousands of cars in the Crossgates’
Mall Parking lot. No longer will the permeable ground absorb rain and provide a humid, cool
microclimate. If this project goes through, that area will bake in the sun, The houses and
residences behind it will have bright lights shining in their windows at night. In addition, the five
story apartment buildings will add shade in the sunny times of day. No longer will the birds
wander amongst the trees and sing in the morning. This part of the project will utterly change
life for all those around it, humans and species alike.

We are concerned about the stormwater, of course. We are concerned about the invasive
species on the site and how, with development, they will be eliminated without exposing the
pine bush to herbicides. We are concerned about the pesticides and salts which are likely to
contaminate the stormwater. We are concerned about both light pollution and shade patterns
which can impact butterflies, moths, humans and other species. We are concerned about the
changes in climate. We are concerned about pets on the loose and the inevitable feral cats
which can be destructive to avian life.

We believe this buffer ground at the Wildlife-Urban-Interface (WUI) is important in many different
ways. Not least amongst these is as a buffer between controlled burns and the community.

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Finally, a buffer allows native species such as grey fox, which is abundant in the pine bush, and
which is a reservoir for rabies -- a very common zoonoses illness (meaning it jumps from other
species to humans) -- to exist without coming into close contact with humans. This is good!
Grey fox are wonderful mammals which do very well in the Albany Pine Bush. But, close
contact with dogs may increase their chance of becoming infected with rabies; approaching
humans would increase their chance of transmitting it. Isn’t it better to have some extra land
where species can exist away from the shoppers?

III. Pitch Pine.

As is noted in Dr. Curt Stager’s report and Dr. Erik Kiviat’s reports which have been submitted
by our attorneys, Christopher Walker and Todd Oomen, there is no doubt that all three sites of
proposed development are Inland Pine Barrens, a rare habitat required by the federally
endangered Karner Blue Butterfly and other rare pine bush species. (See list of 73 Species of
Greatest Conservation Need in the Pine Bush.) In our walks through Site 2 and 3, we observed
several specimens of living healthy pitch pine, a hallmark of pine barrens; there were copious
oak varieties, both shrubs and tree species throughout Site 1.

The pitch pine is an interesting tree. Dependent on fire, it has thrived in the pine bush region for
thousands of years, maintained by wildfire or by the controlled burns of native peoples. Native
peoples, including the Mohawk,whose wampum has been found in the pine bush, nurtured pitch
pine because of its pitch. PItch can be used for many things, including constructing boats.
The pitch pine of the Albany Pine Bush is a beautiful unique tree. It’s needles sprout not just
from its branches but from the cobble-stone textured bark, directly. It has a striking silhouette
and a fascinating life history. It loves acidic soil and needs burns to allow it’s pine cones to
open and release its seeds.

Pitch pine is a cultural resource as well as a biological resource. It’s presence is key to the
historical role of the Pine Bush. Though seen as a wildland, ungovernable and desolate, by the
Europeans, the Pine Bush was a fertile land full of useful trees and herbs to Native People. The
Pine Bush was seen as a place of safety by Native peoples and also political minority groups.
The value of the land is in the eye of the beholder; Pine Bush non-human species also perceive
this land as a refuge.

IV. The Karner Blue Butterfly, a Symbol of the Pine Bush Ecosystem, is losing range.
Karner blue butterfly, federally listed as an endangered species in both the United States and
Canada, has been extirpated from huge swathes of its terrain. It has not been observed in
Minnesota for the last five years. The last population of Karner Blues has now been extirpated
from Indiana.

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Most disturbing. is the disappearance of 21 populations of Karner blue in disparate regions of
Ontario, Canada. In 1971, there were 21 populations; in 1986, some had been extirpated. In
2008, the Karner blue butterfly was listed as endangered by the Canadian government. At this
writing, they no longer live in the entire province of Ontario.

The Ontario, Canada extirpation is very disheartening because the climate is remaining
hospitable to the species. As native lupine yet blooms there, there are hopes the species can
be reestablished in Canada.

Karner blue butterflies are extremely sensitive to any disturbance. The Crossgates Hill
population has been described as the most stable breeding population of Karner blues in
Albany. We would hate to see their numbers decrease.

At this writing, absence of snowpack (Winter of 2019-2020) is endangering the health of the
Karner Blue Butterflies in the Albany Pine Bush. We all have our fingers crossed that there will
be a healthy-sized first brood this year. Can we afford to disturb more pine bush at this time?
Habitat loss, absence of fire management, climate change and disturbance to remaining habitat,
has been very effective at eliminating the species throughout much of its remaining range.
According to the United State Fish and Wildlife Service in the last Five Year Review, the
Saratoga West population is declining and it is difficult to find the butterflies there although there
were over 10,000 there in 1989. However, the Albany and Saratoga Sandplains populations
have stabilized, exceeding the federal target of 3,000.

The KBB should continue to remain listed as endangered because, since the species
was listed, it has been extirpated from recovery units in Minnesota and Indiana.
Additionally, although some populations have demonstrated some improvement, others
have remained low or are demonstrating a decline. In addition, the KBB has been found
to be highly sensitive to both direct and indirect climate change impacts. Other threats
present at the time of listing, such as loss of habitat due to natural succession, lack of
management, invasive species and commercial, industrial and residential
development, also continue to persist for the species. [emphasis added]

V. Inadequacy of Review

So the periphery of the Albany Pine Bush is important to species and to the continuance of the
habitat they need. Determining what exactly is on these sites has yet to happen, as the
developer submitted through B. Laing a deficient series of species surveys. These surveys did
not establish if there were or weren’t snakes on the land; since they could not find any snake or
even an earthworm, it is clear they weren’t looking for snakes at all.

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They did not adequately survey amphibians, insects, or moths; their species identifications are
in serious doubt. They did not assess the land for pollution. They did not survey the land for
invasive species. They did not file an invasive species plan at all.

The Planning Board must consider that this land is clearly Albany Pine Bush, and was left
behind after the Glacial Lake Albany receded just as all Pine Bush was. They must consider
that the habitat is globally rare and some of the species contain within this habitat remain
federally endangered, state threatened or have other designations. They must consider
whether any public good that might arise from this plan is truly worth decimating rare habitat and
further endangering populations of organisms which may well disappear without our
consideration.

This is part one of my public comments on the proposed developments at Site 1, 2 and 3.

Thank you.

Grace Nichols, 3/25/2020