Concerns Raised Over Clove Creek

Waterway runs near Route 9 projects

A mining company’s proposal to build a cement plant on Route 9 just north of Philipstown is drawing concerns about risks to Clove Creek and the aquifer beneath it, which supplies drinking water to several municipalities. 

Ted Warren, public policy manager with the Hudson Highlands Land Trust, joined Philipstown residents in expressing reservations to the Fishkill Planning Board during a May 8 public hearing.

Century Aggregate wants to add the 8,050-square-foot plant to its 310–acre property at 107 Route 9, as well as 11 parking spaces, a well to supply 10,000 gallons of water daily and an on-site septic system. The portion of the property was formerly occupied by the Snow Valley Campground. 

The plant would operate from 6 a.m. to 6 p.m. weekdays and 6 p.m. to 1 p.m. on Saturdays, the firm said. Vehicles would use an existing bridge over Clove Creek, a protected waterway that snakes through the property. 

Along with concerns from residents about truck traffic, noise and dust, and endangered and threatened wildlife such as the timber rattlesnake, Warren said newly paved surfaces risk sending contaminated runoff into the creek, to the detriment of water quality and fish. 

“Given the increase in extreme precipitation events that we are facing these days, and the fact that the proposed plan is located at the base of steep slopes, the potential for storms to overwhelm the proposed containment and drainage systems during heavy precipitation events should be closely examined,” he said. 

Century Aggregate’s daily withdrawal of 10,000 gallons of water could also affect the creek and its underlying aquifer, said Warren. The aquifer parallels Route 9 from East Mountain Road South to the town border with Fishkill. Its groundwater feeds private wells that supply residents and businesses along Route 9, the towns of Fishkill and Wappinger, the Village of Fishkill and Beacon.

“The dust and the pollution that’s going to come from the operating of that plant is going to definitely have an impact on the environment, the creek and the living conditions of businesses and houses,” Carlos Salcedo, a Philipstown resident whose property on Old Albany Post Road borders the creek, told the Planning Board. 

Clove Creek’s waters bisect the front and back parts of another property where a proposed project is raising concerns: 3070 Route 9, whose owner is seeking Planning Board approval to convert the former Automar into a gas station with a convenience store and Dunkin’. Clove Creek flows north toward Fishkill about 50 yards from the front of the property.  

The owner, Misti’s Properties 3070, notified the Philipstown Conservation Board in March that it had decided to revise its proposal. An engineer for Misti’s told the board that the owner found “substantial environmental impacts — a lot of earthwork” and other conditions that would make it difficult to construct a planned office building and solar farm.

Andy Galler, chair of the Conservation Board, said on Tuesday (May 13) that the previous owner used fill and allowed old vehicles and other debris to accumulate within the 100-foot protective buffer required for watercourses and wetlands. The abandoned vehicles have been cleared, he said, but the fill remains, along with a bridge connecting the front and back sections of the property. 

The bridge is “not ideal” because it constricts the creek’s flow, he said, and could spur a blockage from debris carried during heavy rainstorms. 

“The ideal situation would be, if somebody is going to develop the front part of the property, that hopefully the giveback is that there is some remediation to put back a flood plain area that would be natural and native,” said Galler. 

Despite continued industrial development along Route 9, the creek is “amazingly intact” and rated by the state Department of Environmental Conservation at “just about the highest standard” for water quality and trout habitat, he said. “It runs clear,” said Galler.