Posts Tagged ‘APA’

Tuesday, September 16, 2014

Is The APA’s Land-Use Plan Mandatory Or Not?

ACR-aerial3Backers of the Adirondack Club and Resort complain that their opponents are stalling the project by appealing the Appellate Division’s 5-0 decision in favor of the resort.

That’s an understandable reaction, but the opponents have raised an interesting legal question with broad ramifications for the whole Adirondack Park. At least, that’s how it appears to a layman.

The question is: Are the development guidelines set forth in the Adirondack Park Land Use and Development Plan mandatory or not?

In a decision in July, the Appellate Division suggested that they are not mandatory.

The question came up because the project’s opponents contend, among other things, that dividing up timberlands for “Great Camp” estates violates the land-use plan.

» Continue Reading.



Monday, September 15, 2014

ATV Damage in the Black River Wild Forest

ATV damage to the Gull Lake Trail, Black River Wild Forest.On August 29th, I visited the Gull Lake and Chub Pond trails in the Black River Wild Forest. I photographed all sorts of trail and wetland damage from All Terrain Vehicle (ATV) use on these trails. ATVs are not allowed on these trails, but the Black River Wild Forest area has a history of illegal ATV use, and I thought that the damage to these trails reflected more of the same.

I had received reports about ATV damage in this part of the Forest Preserve earlier this year. The previous week I had spent time in the Ferris Lake Wild Forest inventorying trail damage from ATVs and photographing ATV side-routes around various barrier gates put up by the Department of Environmental Conservation (DEC). It appeared that the damage to the Chub Pond and Gull Lake trails was also caused by illegal trespass. The usual telltale signs of illegal trespass and recreational riding were evident. » Continue Reading.



Wednesday, August 20, 2014

Bauer: APA Must Lead State Land Master Plan Revision

Adirondack State Land Master PlanThe Common Ground Alliance (CGA) recently met in Long Lake. One of the break-out sessions focused on reform of the Adirondack Park State Land Master Plan (SLMP), which is the policy document for management of the Forest Preserve. The Common Ground Alliance effort is one of a handful of organizing efforts around the Adirondacks where ideas are being collected to detail potential changes to the SLMP.

In its December 2013 resolution classifying the Essex Chain Lakes/Pine Lake Primitive areas and Hudson Gorge Wilderness area, the Adirondack Park Agency (APA) committed to examine several items for possible SLMP revision. Since then, there has been no action by the APA or release of a public memo detailing a schedule for the APA to follow up the December 2013 resolution. In this void, various APA Commissioners have made comments at APA meetings, as has the representative from the Local Government Review Board, that express the desire that the APA undertake a revision of the SLMP well beyond the scope of the December 2013 resolution.

The SLMP has worked effectively for 40 years. As a frequent user of the SLMP, I’m continually impressed by the durability and prescience of this regulatory document. Though it was written long before wildlands management developed as a professional field, it has served the Adirondack Forest Preserve exceedingly well. » Continue Reading.



Thursday, August 14, 2014

NYCO Arguments Postponed Till Late October

plumley lot 8Arguments in State Supreme Court over NYCO Minerals’ plan to drill for wollastonite on Lot 8 in the Jay Mountain Wilderness have been postponed until October 24.

In July, Earthjustice obtained a temporary restraining order to block the test drilling. At the time, Justice Thomas Buchanan scheduled arguments for August 22 on whether the ban should remain in effect for the duration of a lawsuit filed against NYCO, the Adirondack Park Agency, and the state Department of Environmental Conservation. » Continue Reading.



Wednesday, August 6, 2014

Peter Bauer: No Balance In NYCO Mining Expansions

NYCO-Map-1On the heels of the passage of Proposal 5 last November to sell 200 acres of Forest Preserve to NYCO Minerals, Inc., state agencies and NYCO are now going for broke in new permit applications for a massive expansion of NYCO’s two mines in the Town of Lewis. At the December 2013 meeting of the Adirondack Park Agency (APA) there was unanimous cheering among the APA Board and senior leadership over passage of Proposal 5. In those same weeks, NYCO began its applications to expand its two mines in Lewis.

NYCO is seeking major expansions of both mines. With its political fortunes at an all-time high, the time is right to permanently change the scale of its mining activities in the Champlain Valley. » Continue Reading.



Wednesday, August 6, 2014

A Judicial Retreat From Protecting The Adirondacks

Lady JusticeThe recent decision by the Appellate Division of State Supreme Court upholding the approval by the Adirondack Park Agency of the proposed Adirondack Club and Resort (ACR) project in Tupper Lake has generated intense controversy. Groups on both sides have weighed in with their views on the wisdom or folly of the APA’s approval of the massive project and the court’s affirmance of that approval.

Putting aside the merits of the controversy, what is striking about the court’s decision is the startling absence of any discussion of the uniqueness of the Adirondack Park, the history or purpose of the APA Act, or the special place the Park occupies in the hearts and minds of the people of New York. These omissions are all the more disturbing because of the court’s recognition that ACR is “the largest project ever proposed for New York’s 6,000,000-acre Adirondack Park.” Which leads one to wonder: have the courts fallen out of love with the Adirondack Park? » Continue Reading.



Monday, August 4, 2014

Fight Against APA Over Tupper Resort Continues

Adirondack Club and Resort MapProtect the Adirondacks and the Sierra Club are asking the Court of Appeals, the state’s highest court, to review a recent decision in favor of the developers of the Adirondack Club and Resort, a massive development proposed for Tupper Lake.

In July, the Appellate Division of State Supreme Court upheld the Adirondack Park Agency’s decision to grant a permit to the developers.

In a statement today, Protect and the Sierra Club said the midlevel appeals court, which is based in Albany, made several errors in its analysis of the case. Because the Appellate Division’s decision was unanimous, the groups must seek permission to take the case to the Court of Appeals.

Following is the groups’ full statement:

» Continue Reading.



Wednesday, July 30, 2014

Dave Gibson: Zip-Line Will Scar Adirondack Mountain

Zip flyer would be visible from Rt. 9, Queensbury-Lake George borderAn article in the Post Star on July 16 by reporter Amanda May Metzger announced that the Zip-flyer, the thrill ride from the top of French Mountain in Queensbury-Lake George, has received its final Town of Queensbury approvals.

The 900-foot ride on three inch steel cables running down a 35-50 foot wide swath cut on the north face of French Mountain at the very entrance of the Adirondack Park has been controversial from the moment it was proposed. Adirondack Wild asked the NYS Adirondack Park Agency (APA) to convene a public hearing on the project because only through a hearing could all the impacts and viable alternative routes for the Zip-Flyer be discussed comprehensively and openly. APA Staff did not recommend a hearing, and APA members, to my memory, did not even raise the possibility of a hearing. Adirondack Wild strongly disagreed with the APA’s decision in March to issue a permit in the absence of a hearing. Several actual or anticipated project impacts, including visual impacts along State Route 9, loss of the scenic values and hiking opportunities on the summit, consistency with the area’s Rural Use classification and Towers Policy, and rigorous analysis of alternatives, among others, went largely unaddressed in the APA’s discussion and permit conditions. » Continue Reading.



Tuesday, July 15, 2014

Earthjustice Obtains Court Order To Block NYCO Drilling

vernal poolEarthjustice has obtained a court order blocking NYCO Minerals from test drilling in the Jay Mountain Wilderness Area until the judge has a chance to hear oral arguments in Earthjustice’s lawsuit against NYCO and two state agencies.

State Supreme Court Justice Thomas Buchanan on Monday granted Earthjustice’s request for a temporary restraining order–providing the plaintiffs post a $10,000 bond to cover NYCO’s damages if Earthjustice loses the suit. NYCO could have begun work as early as this week and argued in court that delays would hurt the company financially.

Earthjustice attorney Deborah Goldberg said the bond was posted Wednesday afternoon.

» Continue Reading.



Thursday, July 3, 2014

Adirondack Resort Suit Dismissed By Appellate Court

ACR aerialThe New York State Supreme Court, Appellate Division, Third Judicial Department has announced a decision to uphold the approvals by the Adirondack Park Agency (APA) for the 6,000-acre Adirondack Club and Resort planned for Tupper Lake.

Protect the Adirondacks along with the Sierra Club and local landowners filed the lawsuit in March of 2012, outlining 29 allegations challenging the legality approvals made by the APA that January.

The decision disappointed opponents of the proposed resort project, the largest in the Adirondacks, who have been working for several years to mitigate the subdivision’s imprint on the landscape. » Continue Reading.



Tuesday, July 1, 2014

Dave Gibson On Essex Chain Plan:
Does It Comply? Does Anyone Care?

Essex Chain APA-map-with-labelsThe draft Unit Management Plan (UMP)  for the Essex Chain of Lakes is out and available for public comment until July 18th. To discerning readers, it will be clear that many of its recommendations and management actions, which the APA must deem to be in compliance with the State Land Master Plan, are just going ahead anyway. For example, primitive tent sites, parking lots and other facilities throughout are being completed this summer “prior to adoption of the Unit Management Plan.” These are not interim steps. These are final decisions as to number, design, and location.

I understand why the State appears to be rushing to complete this parking and camping by permit system on the Essex Chain and Upper Hudson River. These are vulnerable aquatic systems and nobody wants to establish an early pattern of recreational overuse which could degrade these ponds and their shorelines and rare ecological plant and fish communities. I conceptually support this UMP’s camping permit reservation system. It makes management and stewardship sense, as does the inclusion of the Student Conservation Association and the Adirondack Interpretive Center in managing such a camping reservation system. » Continue Reading.



Monday, June 30, 2014

Meeting On NYCO Mining Expansion Wednesday

NYCO-OakhillMineThe Adirondack Park Agency will hold an informal public meeting to provide information and solicit public comment on NYCO Minerals, Inc.’s. request to amend existing APA permits in order to expand their Seventy Road and Oak Hill mining facilities located in the Town of Lewis, Essex County (not their additional project to mine Lot 8 of the Jay Mountain Wilderness).

The public meeting will take place at 1:30 PM on Wednesday, July 2, 2014 at the Town of Lewis Fire Station located on 18 Firehouse Lane in the Town of Lewis, Essex County. » Continue Reading.



Thursday, June 12, 2014

APA Panel Votes To Allow NYCO Drilling In Wilderness

vernal poolThe Adirondack Park Agency’s State Land Committee voted unanimously today to allow NYCO Minerals to conduct exploratory drilling in the Jay Mountain Wilderness on a parcel known as Lot 8.

Dick Booth, the chairman of the committee, acknowledged that some green activists oppose the test drilling on legal and environmental grounds.

“This may well get litigated, but that’s not a surprise,” Booth said before the vote.

The committee voted to amend the Jay Mountain Wilderness management plan to allow the drilling. The full APA board is expected to approve the same amendment on Friday. (The board did indeed pass the amendment without further discussion.) » Continue Reading.



Wednesday, June 11, 2014

Neil Woodworth: ADK Urges State to Comply With Laws

NYCO-Minerals-Wollastonite-Mine-Nancie-B-PhotoOn May 30, 2014 the Adirondack Mountain Club’s (ADK) Advocacy Office in Albany submitted comments in response to the Opportunity to Comment posted by both the Department of Environmental Conservation (DEC) and the Adirondack Park Agency (APA) on DEC’s proposed amendment to the Jay Mountain Wilderness Unit Management Plan (JMUMP) and to the Draft Temporary Revocable Permit (TRP) for NYCO Minerals, Inc. to conduct exploratory drilling on Lot 8 in the Jay Mountain Wilderness. » Continue Reading.



Friday, June 6, 2014

Protect Calls For Wilderness Area In Southern Adirondacks

West Stony mapProtect the Adirondacks is urging the state to create a 12,850-acre West Stony Creek Wilderness Area in the southern Adirondacks.

The Wilderness Area would combine 3,925 acres of former Finch, Pruyn timberlands that the state recently purchased from the Nature Conservancy and 8,925 acres of existing Forest Preserve in the Shaker Mountain Wild Forest.

“The West Stony Creek area is rugged terrain dominated by low ridges and mountains and the meandering West Stony Creek and associated wetlands. The Forest Preserve sections have old-growth forest communities,” Protect Chairman Chuck Clusen said in a news release today.

Protect also says a Wilderness classification would offer stronger protection for a six-mile stretch of West Stony Creek that is designated a Scenic River within the state’s Wild, Scenic, and Recreational Rivers System.

» Continue Reading.



Tuesday, June 3, 2014

Dave Gibson: Decision Time for Wilderness Mining

Canopy of large, sugar maples growing on Lot 8, Jay Mountain Wilderness. Photo by Dan Plumley, Adirondack WildIn April, NYS Department of Environmental Conservation and Adirondack Park Agency issued draft permits and unit management plan amendments respectively that would allow NYCO Minerals to conduct mineral exploration this summer on Lot 8 in the  Jay Mountain Wilderness.

The State would authorize such activity with only the most rudimentary information about what’s currently living and growing on Lot 8, no standards by which to judge the impacts of drilling on Wilderness character and resources, and no information about potential direct and indirect impacts of mineral testing beyond Lot 8. » Continue Reading.



Monday, May 19, 2014

DEC Plans To Adopt Ski Trails Near Tupper

Bog River skierA few years ago I spent several hours skiing some informal trails in the Forest Preserve along the Bog River in Tupper Lake. I liked the trails so much that I wrote an article describing the experience.

I got some heat for the article, because after it was published the state Department of Environmental Conservation removed the trails’ home-made markers and signs. I also wrote an article for the Adirondack Almanack that can be read here.

But there may be a happy ending to the story: DEC is proposing to adopt and maintain the trails.

» Continue Reading.



Monday, May 5, 2014

Comments Sought on Jay Mtn Wilderness Mining Plan

APA officeThe Adirondack Park Agency (APA) is accepting public comment on State Land Master Plan conformance for the recently submitted amendment to the 2010 Jay Mountain Wilderness Unit Management Plan (UMP).

The Jay Mountain Wilderness UMP amendment was proposed to ensure the UMP is consistent with the constitutional amendment approved by voters in November 2013 that permits exploratory sampling for the purposes of mining on the Forest Preserve parcel in the Town of Lewis, Essex County. The APA will accept written comments on this matter until June 2, 2014. » Continue Reading.



Friday, May 2, 2014

Adirondack Club and Resort Update:
Appellate Court Oral Arguments

Adirondack Club and Resort MapIn so far as a judicial ruling expected later this year, nothing can be determined by the questions the judges posed this week regarding the Adirondack Club and Resort, that precedent-setting subdivision near Tupper Lake still being litigated. But the questions raised by several of the judges on the Appellate Court in Albany (and answers given) were interesting because they were unexpected (by me, anyway) and largely unrelated to the big, controversial issues surrounding the spreading out of the Great Camps, the use of the Resource Management lands for exurban sprawl development that is neither “on substantial acreages or in small clusters on carefully selected and well designed sites” (quoting the APA Act), or about the lack of substantive information in the hearing record about the project’s financing, marketing, sales and tax projections. » Continue Reading.



Thursday, April 24, 2014

New Mapping Resources From The Adirondack Park Agency

APA-GIScapture The Adirondack Park Agency has some of the most skilled GIS (Geographic Information Sysytems) analysts at work in the park, and they have also been very proactive in sharing their mapping resources with the public.    I thought Adirondack Almanack readers might be interested in some of the new additions to the agency GIS page found here: http://apa.ny.gov/gis/

Some of the new products include maps of Park Webcams (with links so you can see the live feed), USGS Stream flow stations, and a newly released (Feb 2014) version of their meticulously curated ‘Adirondack Park Land Use and Development Plan Map and State Land Map’ that now includes the newly classified land in the Essex Chain lakes between Newcomb and Indian Lake. » Continue Reading.



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