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Herbicide Findings Underway Locally

Six municipalities — the towns of Ellery, Ellicott, Busti and North Harmony, and the villages of Celoron and Lakewood — have allowed for the permit process to potentially use herbicides in their Chautauqua Lake waters, and it has led to some accepting environmental findings that suggest Aquathol K and Navigate, if used properly and in moderation, would be a wise course of action for lake weed management.

Three municipalities have already issued findings, and three others have yet to make a decision following parts of the permit process facilitated through the Chautauqua Lake Partnership with the New York State Department of Environmental Conservation. Even after all towns and villages decide to issue positive findings, a final vote will remain in each area for board members to vote on whether to apply the DEC-recommended dosage of herbicides.

The town of Ellery, the lead agency for the permitting process, accepted the 222-page technical memorandum from the DEC and issued findings March 14 at its regular town board meeting. The town of North Harmony and village of Celoron voted first to issue their positive findings Mar. 11 at its respective monthly meetings.

In terms of future possible findings being issued, the towns of Ellicott and Busti and village of Lakewood have yet to vote. All three municipalities will vote on the matter at future meetings, with possible special meetings to be announced for Ellicott and Lakewood. The town of Busti will be hosting a special meeting for the vote Thursday at 4 p.m.

Findings indicate that requirements of a State Environmental Quality Review have been met following environmental assessments, but with no additional Supplemental Environmental Impact Statement to be issued for 2019. This year’s process to issue findings and finish herbicide permits is being pursued more quickly by the CLP this year than last year because the organization intends to contract a company to use herbicides on Chautauqua Lake before the summer season begins Memorial Day weekend. Last year’s herbicides were used to treat waters in the towns of North Harmony, Busti and Ellery on June 11, 2018.

CLP provided the technical memo to towns and villages at different times this month, and CLP President Jim Cirbus requested the Lakewood Village Trustees to vote on findings at Monday’s board meeting, one weekend after the village clerk had received the memo the afternoon of March 8.

“We need time,” Lakewood’s Deputy Mayor Ted McCague told Cirbus. “We can’t (vote) tonight. I think everybody ought to read it carefully.”

Cirbus said the memo and subsequent findings were crafted more extensively and in a more detail-oriented manner this year to avoid a repeat of the Chautauqua Institution lawsuit against the town of Ellery and DEC in 2018.

“While we do not wish to return to the courts to litigate this issue, we will take appropriate action if necessary to protect the health of Chautauqua Lake and the safety of our water supply,” Chautauqua Institution President Michael Hill announced via email earlier this week.

Findings drafted for the village of Lakewood are similar to all municipalities’ findings, which are based on the 2018 SEIS and technical memo. These documents can be read on the town of Ellery website.

Aquathol K and Navigate, containing herbicides endothall and 2, 4-D respectively, will be applied to a to-be-determined acreage of the near shore waters of the six municipalities for which applications are being sought. The herbicides are meant to target invasive weed species known as curly-leaf pondweed and Eurasian milfoil.

“The herbicides are not anticipated to eliminate native vegetation,” the findings read.

Herbicides will temporarily decrease the dissolved oxygen in lake waters; however, and treatment plans will be utilized to minimize the impact on the water column. Part of the reason for potential late April or early May applications is because there is more dissolved oxygen in the lake during spring months.

“Given the results of the June 2017 Bemus Bay Data Collection Project and the minimal drift observed, any effect on water outside the treatment areas is expected to be minimal,” the findings read.

Last year at a Lakewood special meeting, Roger Tory Peterson Institute President Twan Leenders pointed out that the data collection had been performed by SOLitude, the same company that has since handled 2018 herbicide treatments. He cited that as a conflict of interest and shared worry that herbicides had not been tested on some animals living in Chautauqua Lake habitats.

Over concerns for the local fisheries and last year’s late spring treatments, the village board of trustees did not vote for herbicide applications to occur in 2018. Former Mayor Cara Birrittieri had signed negative findings last year.

The 2018 SEIS states that herbicide applications would have a minimal impact on local wildlife as the chosen herbicides have low to no toxicity to fish and aquatic mammals. No rare, threatened or endangered species will be adversely affected according to the SEIS.

Concerns have been raised that herbicides killing off macrophytes in the water will contribute to a higher nutrient load for phosphorus and nitrogen, two substances that contribute to the growth of weed species and harmful algal blooms.

“Calculations reveal that phosphorus release related to early herbicide treatment will be small relative to the total load of phosphorus to the lake and will result in a lower release of phosphorus to the water column than late treatment or end of the season dieback,” the findings read.

Contingent on the actual dates of proposed herbicide applications, which will be announced at a later date, the majority of water restrictions are planned to be lifted before Memorial Day weekend.

Follow Eric Zavinski at twitter.com/EZavinski.

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