

Protect the Pear Tree Point Wetlands and Wildlife


Protect the Pear Tree Point Wetlands and Wildlife
The Issue
The Darien Boat Club is proposing to dredge the river and extend the docks at Pear Tree Point. This will include dredging a 61,000sq feet area and removing 19,500 cubic yards of material in order to add a total of 400 feet of new dock to supply new members with boat slips.
This is a huge increase in the footprint of the Club and will turn an outstanding area of scenic beauty into a vast boat parking lot.
The club says that the Wetlands do "not seem to be utilized by birds as much as other [areas]," and that the only " animals [they] have seen are mostly rodents"
Contrary to their notion, this Wetlands is important and serves as the habitat for dozens of species in our area. It is important to note that this petition is not meant to denounce the Darien Boat Club in any way, but it is our belief that their new launch service ( which allows access to the moorings in the Harbor) is a much better way to accommodate their members as well as maintaining the beauty of our town.
The Pear Tree Point Wetlands is one of the few places left in Darien that allows the public to enjoy scenic river , sea and wetland views, while also providing a habitat for the beautiful creatures that we share our town with.
PLEASE show your support by signing our petition, and for more information please read on!
--------------------
Reference: Darien Boat Club Dredging and Dock Expansion Permit Application
File Number: NAE-2010-1277
To whom it may concern,
We believe that the Darien Boat Club’s current application, which
includes dredging previously undisturbed intertidal flats located in a rich estuarine
habitat and dramatically increasing the marina capacity, is fundamentally wrong-
footed and should be denied.
We believe the US Army Corps of Engineers should consider the following factors as
they review the Darien Boat Club’s application:
1)
Scenic Area with High Aesthetic Value. The lower Goodwives River
constitutes one of the most scenic environments in Darien and is one of the
few places in Town where a public road (Pear Tree Point Road) fronts on to
the water. As a result, the area in general and the portion of Pear Tree Point
Road immediately abutting the proposed dredging and marina expansion in
specific, have some of the highest traffic in town of residents enjoying the
scenery, the wildlife and the waterfront environment. Whether walking,
jogging, bicycling or roller-blading, it is rare to have a daylight hour pass
without some resident passing along this stretch of road. We believe the
Darien Boat Club is significantly underestimating the broad impact their
project will have on Darien’s residents.
2)
Important Shellfish Environment. Immediately to the northeast and north
of the proposed dredge area and enlarged marina are undisturbed intertidal
mudflats which are the home to countless hardshell clams, steamer clams
and American oysters. Although these flats are restricted in terms of
shellfish harvest, they provide important areas for the breeding of these
species. American oysters in specific have been recolonizing these flats in
recent years and are readily visible at low tide.In addition, there is
an American oyster “reef” which is unique in all of the
lower Goodwives River which is located across the river channel from the
proposed dredging and will undoubtedly be impacted by the project.
3)
Valuable and Scarce Habitat for Estuarine Birds and Mammals. The
Goodwives River is a rich environment for estuarine birds and mammals.
The Darien Boat Club’s current marina is the only commercial scale
operation on the Goodwives River and the remainder of the River is
undisturbed by development but for a limited number of private docks. The
rich tidal flats in the area of the proposed dredging and marina expansion,
including the various shellfish beds, provide habitat and food for a wide
variety of birds and mammals. In the immediate area of the proposed
dredging and marina expansion, we have observed the following estuarine or
marine birds: common loon; great cormorant; double-crested cormorant;
osprey; bald eagle; black-crested night-heron; common goldeneye;
bufflehead; long-tailed duck; belted kingfisher; great egret; snowy egret;
great blue heron; green heron; and killdeer . This lengthy list hits on just
those species that we consider relatively uncommon and does not include
countless gulls, mallards and other common ducks or Canada geese.
In addition to the many species of birds, the lower Goodwives River is also
home to a limited number of otter families, which have been making a
reappearance over the past several years.
4)
Unwarranted Footprint Expansion into State Waters and Violation of
Public Trust Doctrine. The Connecticut Department of Energy and
Environmental Protection (“CT DEEP”) defines The Public Trust Doctrine in
the following fashion:
Under the common law public trust doctrine, a body of law dating back to
Roman times, all coastal states as sovereigns hold the submerged lands
and waters waterward of the mean high water line in trust for the public.
The general public may freely use these lands and waters, whether they
are beach, rocky shore, or open water, for traditional public trust uses
such as fishing, shellfishing, boating, sunbathing, or simply walking along
the beach. In Connecticut, a line of state Supreme Court cases dating
back to the earliest days of the republic confirm that private ownership
ends at mean high water line, and that the state holds title to the lands
waterward of mean high water, subject to the private rights of littoral or
riparian access.(1)
This project appears to be in direct violation of this doctrine in that it is
taking public submerged lands, which are used for boating, fishing, kayaking
and general scenic enjoyment by all Connecticut residents, and transforming
them into a marina which can solely be used by members of the private
Darien Boat Club.
5)
Increase in Marine Traffic and Congestion. The channels to the east, north
and west of the Darien Boat Club are already heavily used at times of peak
traffic and occupy very confined spaces. In addition to the boat traffic
generated by the Darien Boat Club itself, the Town of Darien’s Boat Launch
Ramp is located to the immediate southeast of the Darien Boat Club
(although it is not clearly shown on any of the charts the Darien Boat Club
has included in its application). The Boat Launch Ramp generates significant
boat traffic at busy periods, and the route that boats using the Boat Launch
Ramp will have to take in order to exit to Long Island Sound will be
materially lengthened.
The increase in boat traffic that would result from such a significant
expansion of the marina will cause dramatic increase in congestion and the
potential for boat and private property damage. In addition, the general
vicinity of the proposed dredging is frequently used by kayakers,
paddleboarders and rowers. Putting an additional 100 boats into this small
space will heighten the potential for accidents to happen.
6)
Dredging Tidal Areas. The CT DEEP’s Coastal Permit Program would
appear on its face to prohibit this project. As stated on the CT DEEP’s
website:
Maintenance Dredging
Dredging of marinas and navigation channels may be conducted if
dredging of those facilities has been previously authorized by DEEP.
Such maintenance dredging must not encroach into previously
undisturbed subtidal habitat, and is prohibited during periods of
shellfish and finfish spawning when drifting sediment could impair
reproductive success. New dredging is strongly discouraged, and
dredging of tidal wetlands and intertidal flats is not allowed. (P,
COP) Boat moorings (anchored or clothesline-rigged, or an unattached
small float) may be installed for private recreational use but must not
be located in federal navigation channels or anchorages. Moorings
must not be installed in tidal wetlands or over submerged aquatic
vegetation.
reference http://www.ct.gov/dep/cwp/view.asp?A=2705&Q=323792
The dredging project contained within the application directly applies to
“previously undisturbed subtidal habitat” and involves a substantial area of
intertidal flats.
7)
Increased Traffic Generates Potential for Shoreline Erosion and
Destruction of Fragile Spartina Grass Areas. Along the shores to the north
and east of the proposed dredging area are fragile but healthy Spartina grass
meadows which exist on mud banks. If this project is
undertaken, there will be significantly more boat traffic in the area of these
banks, which will likely generate boat wakes and resulting erosion and loss
of Spartina.
8)
Natural Functions and Values of wetlands.
Wetlands serve as a natural water purification system which helps to clean pollutants from the water. Some types of wetlands are so good at this filtration function that environmental
managers construct similar artificial wetlands to treat storm water and wastewater.
Wetlands also serve as an important protection against flooding, wherein either a large, or in our case, a collection of smaller wetland areas absorb significant amounts of water. Without these wetlands, the local homes and roads on Pear Tree Point will be subjected to a significant increase in periods and magnitude of flooding. U.S. Army Corps of Engineers found that protecting wetlands along the Charles River in Boston, Massachusetts, saved $17 million in potential flood damage.
http://water.epa.gov/type/wetlands/outreach/upload/fun_val.pdf
For all of the above-discussed reasons, we believe there is strong basis for denying
the Darien Boat Club’s application.
Please Email us at ProtectPearTreePointWetlands@Gmail.com for more questions.
The Issue
The Darien Boat Club is proposing to dredge the river and extend the docks at Pear Tree Point. This will include dredging a 61,000sq feet area and removing 19,500 cubic yards of material in order to add a total of 400 feet of new dock to supply new members with boat slips.
This is a huge increase in the footprint of the Club and will turn an outstanding area of scenic beauty into a vast boat parking lot.
The club says that the Wetlands do "not seem to be utilized by birds as much as other [areas]," and that the only " animals [they] have seen are mostly rodents"
Contrary to their notion, this Wetlands is important and serves as the habitat for dozens of species in our area. It is important to note that this petition is not meant to denounce the Darien Boat Club in any way, but it is our belief that their new launch service ( which allows access to the moorings in the Harbor) is a much better way to accommodate their members as well as maintaining the beauty of our town.
The Pear Tree Point Wetlands is one of the few places left in Darien that allows the public to enjoy scenic river , sea and wetland views, while also providing a habitat for the beautiful creatures that we share our town with.
PLEASE show your support by signing our petition, and for more information please read on!
--------------------
Reference: Darien Boat Club Dredging and Dock Expansion Permit Application
File Number: NAE-2010-1277
To whom it may concern,
We believe that the Darien Boat Club’s current application, which
includes dredging previously undisturbed intertidal flats located in a rich estuarine
habitat and dramatically increasing the marina capacity, is fundamentally wrong-
footed and should be denied.
We believe the US Army Corps of Engineers should consider the following factors as
they review the Darien Boat Club’s application:
1)
Scenic Area with High Aesthetic Value. The lower Goodwives River
constitutes one of the most scenic environments in Darien and is one of the
few places in Town where a public road (Pear Tree Point Road) fronts on to
the water. As a result, the area in general and the portion of Pear Tree Point
Road immediately abutting the proposed dredging and marina expansion in
specific, have some of the highest traffic in town of residents enjoying the
scenery, the wildlife and the waterfront environment. Whether walking,
jogging, bicycling or roller-blading, it is rare to have a daylight hour pass
without some resident passing along this stretch of road. We believe the
Darien Boat Club is significantly underestimating the broad impact their
project will have on Darien’s residents.
2)
Important Shellfish Environment. Immediately to the northeast and north
of the proposed dredge area and enlarged marina are undisturbed intertidal
mudflats which are the home to countless hardshell clams, steamer clams
and American oysters. Although these flats are restricted in terms of
shellfish harvest, they provide important areas for the breeding of these
species. American oysters in specific have been recolonizing these flats in
recent years and are readily visible at low tide.In addition, there is
an American oyster “reef” which is unique in all of the
lower Goodwives River which is located across the river channel from the
proposed dredging and will undoubtedly be impacted by the project.
3)
Valuable and Scarce Habitat for Estuarine Birds and Mammals. The
Goodwives River is a rich environment for estuarine birds and mammals.
The Darien Boat Club’s current marina is the only commercial scale
operation on the Goodwives River and the remainder of the River is
undisturbed by development but for a limited number of private docks. The
rich tidal flats in the area of the proposed dredging and marina expansion,
including the various shellfish beds, provide habitat and food for a wide
variety of birds and mammals. In the immediate area of the proposed
dredging and marina expansion, we have observed the following estuarine or
marine birds: common loon; great cormorant; double-crested cormorant;
osprey; bald eagle; black-crested night-heron; common goldeneye;
bufflehead; long-tailed duck; belted kingfisher; great egret; snowy egret;
great blue heron; green heron; and killdeer . This lengthy list hits on just
those species that we consider relatively uncommon and does not include
countless gulls, mallards and other common ducks or Canada geese.
In addition to the many species of birds, the lower Goodwives River is also
home to a limited number of otter families, which have been making a
reappearance over the past several years.
4)
Unwarranted Footprint Expansion into State Waters and Violation of
Public Trust Doctrine. The Connecticut Department of Energy and
Environmental Protection (“CT DEEP”) defines The Public Trust Doctrine in
the following fashion:
Under the common law public trust doctrine, a body of law dating back to
Roman times, all coastal states as sovereigns hold the submerged lands
and waters waterward of the mean high water line in trust for the public.
The general public may freely use these lands and waters, whether they
are beach, rocky shore, or open water, for traditional public trust uses
such as fishing, shellfishing, boating, sunbathing, or simply walking along
the beach. In Connecticut, a line of state Supreme Court cases dating
back to the earliest days of the republic confirm that private ownership
ends at mean high water line, and that the state holds title to the lands
waterward of mean high water, subject to the private rights of littoral or
riparian access.(1)
This project appears to be in direct violation of this doctrine in that it is
taking public submerged lands, which are used for boating, fishing, kayaking
and general scenic enjoyment by all Connecticut residents, and transforming
them into a marina which can solely be used by members of the private
Darien Boat Club.
5)
Increase in Marine Traffic and Congestion. The channels to the east, north
and west of the Darien Boat Club are already heavily used at times of peak
traffic and occupy very confined spaces. In addition to the boat traffic
generated by the Darien Boat Club itself, the Town of Darien’s Boat Launch
Ramp is located to the immediate southeast of the Darien Boat Club
(although it is not clearly shown on any of the charts the Darien Boat Club
has included in its application). The Boat Launch Ramp generates significant
boat traffic at busy periods, and the route that boats using the Boat Launch
Ramp will have to take in order to exit to Long Island Sound will be
materially lengthened.
The increase in boat traffic that would result from such a significant
expansion of the marina will cause dramatic increase in congestion and the
potential for boat and private property damage. In addition, the general
vicinity of the proposed dredging is frequently used by kayakers,
paddleboarders and rowers. Putting an additional 100 boats into this small
space will heighten the potential for accidents to happen.
6)
Dredging Tidal Areas. The CT DEEP’s Coastal Permit Program would
appear on its face to prohibit this project. As stated on the CT DEEP’s
website:
Maintenance Dredging
Dredging of marinas and navigation channels may be conducted if
dredging of those facilities has been previously authorized by DEEP.
Such maintenance dredging must not encroach into previously
undisturbed subtidal habitat, and is prohibited during periods of
shellfish and finfish spawning when drifting sediment could impair
reproductive success. New dredging is strongly discouraged, and
dredging of tidal wetlands and intertidal flats is not allowed. (P,
COP) Boat moorings (anchored or clothesline-rigged, or an unattached
small float) may be installed for private recreational use but must not
be located in federal navigation channels or anchorages. Moorings
must not be installed in tidal wetlands or over submerged aquatic
vegetation.
reference http://www.ct.gov/dep/cwp/view.asp?A=2705&Q=323792
The dredging project contained within the application directly applies to
“previously undisturbed subtidal habitat” and involves a substantial area of
intertidal flats.
7)
Increased Traffic Generates Potential for Shoreline Erosion and
Destruction of Fragile Spartina Grass Areas. Along the shores to the north
and east of the proposed dredging area are fragile but healthy Spartina grass
meadows which exist on mud banks. If this project is
undertaken, there will be significantly more boat traffic in the area of these
banks, which will likely generate boat wakes and resulting erosion and loss
of Spartina.
8)
Natural Functions and Values of wetlands.
Wetlands serve as a natural water purification system which helps to clean pollutants from the water. Some types of wetlands are so good at this filtration function that environmental
managers construct similar artificial wetlands to treat storm water and wastewater.
Wetlands also serve as an important protection against flooding, wherein either a large, or in our case, a collection of smaller wetland areas absorb significant amounts of water. Without these wetlands, the local homes and roads on Pear Tree Point will be subjected to a significant increase in periods and magnitude of flooding. U.S. Army Corps of Engineers found that protecting wetlands along the Charles River in Boston, Massachusetts, saved $17 million in potential flood damage.
http://water.epa.gov/type/wetlands/outreach/upload/fun_val.pdf
For all of the above-discussed reasons, we believe there is strong basis for denying
the Darien Boat Club’s application.
Please Email us at ProtectPearTreePointWetlands@Gmail.com for more questions.
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Petition created on September 22, 2012