[va-bird] Re: Restoration project at Manassas Battlefield

I agree with you're comments Paula, and I certainly don't want to come
across as pro-development, however there are people involved in development
(private or public) who are only interested in going as far as they are
required to go.  I think the NPS showed poor form in their due diligence for
public scoping, especially since they have been working with groups such as
the volunteers for years that they know are concerned.  The project should
not have commenced in June and this should have been included in the EA or
in the Plan of Development or some other document upon which the FONSI is
dependent - as a timing restriction.  Unfortunately the only recourse at
this point is a lawsuit to hold the NPS accountable, but, legally they may
very well be within their rights and it won't save the habitat that has
already been removed.

As an FYI, knowing that birds have bred in an area in the past doesn't carry
nearly as much weight in the NEPA process (unless you have documentation
that there have been ESA listed species nesting in the area) as hard
evidence that the construction is actually affecting birds that are nesting
there now.  The Migratory Bird Act doesn't apply to habitat in this case so
without KNOWING and DOCUMENTING that birds or their nests are in the habitat
they aren't breaking any laws and are merely being irresponsible.  It's
pretty hard to prove a case after the fact without any DIRECT EVIDENCE that
birds or nests have been destroyed or that they were there to begin with.

"I think this is happening" doesn't have a legal leg to stand on.  If you
can DOCUMENT that birds and/or nest are being mowed or bulldozed or
whatever, use it and SUE THE NPS for violating the MBA.  Go out, find the
nests, find the dead birds and take pictures of them. I guarantee they'll be
a lot more careful in the future. 

As I've said before, anybody could have looked at the EA (in fact in your
(Paula's) email from yesterday, you made a comment that you had seen it on
the website some time ago) and said "There is no timing restriction on
construction, fix it".  In your email below you stated that "since there was
nothing in the EA about the timing of the project, we still would have had
no way of knowing this work would begin in June."...That's why if you don't
see it in there during the public comment period, comment on it and ask that
it gets put in, and not just say "it wasn't in there so we have no way of
knowing."

To say "Certainly, many nests with eggs/or or young have been destroyed? Who
could deny it? The NPS has been "called on it" all right, but that did not
delay the project five minutes, and in fact, it would appear most of the
clearing as already been completed." is likely correct but this sort of
thing needs to be said before the project starts and tracked to make sure
that stipulations are being adhered to.

If NPS has agreed to monitor construction to ensure that wildlife is not
disturbed is anyone on this list out there making sure they are?  Or are we
just complaining after the fact?  We have every right to Watchdog our
Federal Agencies.  I do it all the time here in the Northwest.  I've been
involved in NEPA projects in Southern California where almost nothing
happens without the public getting involved and tracking down documents and
watchdogging the agencies involved.  It's everyone's responsibility not just
the Agency.  When we expect the agency to do all the work involved in
conservation we are guilty of complacency.  Agency folks are just people and
as such are subject to mistakes as well as being downright dishonest.  We
can't rely only on them to conserve species/habitat on their lands.

*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*
Mark F. Gerber
Environmental Scientist III/GIS
Brown and Caldwell
600 E. Riverpark Lane, Suite  210
Boise, ID 83706
www.brownandcaldwell.com
 
Reception Desk:  208.336.1340
Direct Dial:  208.384.3130
Mobile:  208.870.9481
Fax:  208.344.0825
mgerber@xxxxxxxxxxxx
*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*
 


-----Original Message-----
From: Paula Sullivan [mailto:paula.sullivan2@xxxxxxxxxxx] 
Sent: Monday, June 30, 2003 11:46 AM
To: mgerber@xxxxxxxxxxxx; VA-Bird
Subject: Re: [va-bird] Re: Restoration project at Manassas Battlefield



On Monday, June 30, 2003, at 12:25 PM, Gerber, Mark wrote:
>
> The Park Service cannot be
> expected to call everyone at home and inform them of impending
> projects.
>

Of course not, but they just might have informed parties that have 
demonstrated a strong interest in the habitat at Manasass Battlefield. 
Those of us who answered the call of the NPS for volunteers and worked 
on the bird survey there for 18 months could certainly qualify as 
interested parties. I guess we are guilty as charged for not monitoring 
the NPS website, but since there was nothing in the EA about the timing 
of the project, we still would have had no way of knowing this work 
would begin in June.

> ....however, they may have surveyed all the habitat and determined 
> that there were no birds
> nesting in it.  If you have knowledge of existing nesting activity in 
> the
> removed habitat you can call them on that too.

Our knowledge of "existing nesting activity in the removed habitat" is 
based upon our 18 months of breeding data which was provided to the NPS 
at its request. We know the species that breed in that section of the 
park and the NPS does too. All vegetation has been systematically 
cleared from these many acres of the "Stuart Hill" tract. Certainly, 
many nests with eggs/or or young have been destroyed? Who could deny 
it? The NPS has been "called on it" all right, but that did not delay 
the project five minutes, and in fact, it would appear most of the 
clearing as already been completed.

Again, as Joe Coleman and Laura Catterton have said, the issue here is 
the timing of this project. This project should not have been commenced 
in June.

Todd Day's points about the hay cutting at the Battlefield are well 
made. If the NPS can find no reason why it shouldn't mow grassy meadows 
in June, why would they hesitate to use bulldozers in June to "restore" 
the Stuart's Tract? The NPS pays mere lip service to the biological 
resources of this historical park.

Paula Sullivan
Alexandria
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