Thursday, April 3, 2014

DEC Plan:
Amend Jay Mtn Wilderness Management Plan For Mining

NYCO-Minerals-Wollastonite-Mine-Nancie-B-PhotoThe New York State Department of Environmental Conservation (DEC) says it submitted a proposed amendment to the 2010 Jay Mountain Wilderness Unit Management Plan (UMP) on Wednesday to the Adirondack Park Agency (APA) in an attempt to change the UMP to be consistent with the constitutional amendment approved by voters in November 2013 that permits, in the words of a DEC press release, “exploratory sampling” on the state-owned wilderness area in the Town of Lewis, Essex County.

“The constitutional amendment authorizes NYCO Materials, Inc. to conduct sampling on the 200-acre parcel, known as Lot 8, to determine the quantity and quality of wollastonite on the site, which is adjacent to the company’s long-standing mine,” the DEC press release said. “The exploratory sampling will also provide information that DEC will use to accurately appraise the value of Lot 8 for a potential land exchange if NYCO decides to expand its mining operations.”

The current Jay Mountain Wilderness Area includes Lot 8, which is part of the State Forest Preserve and is governed by Article XIV, Section 1 of the State Constitution, the “forever wild” clause which states in part that Forest Preserve lands, “shall not be leased, sold or exchanged, or be taken by any corporation, public or private.” The property is also subject to the provisions of the Adirondack Park State Land Master Plan (APSLMP) as outlined in the 2010 Unit Management Plan for the Jay Mountain Wilderness area.

According to DEC, the amendment is intended to, in their words:

  • recognize that a constitutional amendment approved by the voters on November 5, 2013 implicitly repeals APSLMP guidelines for Wilderness that otherwise would prohibit NYCO’s mineral sampling operations within the Jay Mountain Wilderness area;
  • make the UMP consistent with the constitutional amendment; and
  • note that detailed terms and conditions governing the mineral sampling operations will be set forth in a Temporary Revocable Permit (TRP) issued by DEC.

If Lot 8 is ultimately conveyed to NYCO, an amendment to the APSLMP’s area description of the Jay Mountain Wilderness Area will be needed to, at the very least, recognize that Lot 8 will no longer be in the Wilderness Area.  What follows is DEC’s explanation of their actions with regard to removing a portion of the Jay Mountain Wilderness from Forever Wild Protection to allow it to be mined.

“The Constitutional amendment approved by statewide voters revised restrictions related to Lot 8 to allow NYCO to conduct mineral sampling to determine the quantity and quality of wollastonite on approximately 200 acres of Forest Preserve lands. Data and information from this the drilling sampling will be provided to the State so that a land appraisal can be made.”

“During this first phase to implement the constitutional amendment, Lot 8 will remain part of the State Forest Preserve, subject to Article XIV. However, for the limited purpose of the sampling operations, the amendment suspends Article XIV directives that Forest Preserve lands must be “forever kept as wild forest lands” and that timber situated on the lands will not be “removed, sold or destroyed.” This will allow for the creation of corridors and areas required for transportation of equipment, development of drill pads and the use of mechanized mineral sampling equipment. The second phase, conveyance of Lot 8 to NYCO, will occur after the State has appraised the value of Lot 8.

“If NYCO decides not to expand its existing wollastonite mine onto adjacent Lot 8, then the company is required to compensate the State for the disturbance resulting from the mineral sampling operations. NYCO will be required to convey to the state an amount of land no less than the acreage and value of the portions of Lot 8 disturbed by the sampling operations. These parcels, to be added to the Forest Preserve, would be subject to approval by the State Legislature.

“If NYCO opts to expand its mine onto Lot 8, the company must convey to the state other lands that are equal to or greater than the acreage and assessed land value of Lot 8, and the total assessed value must be at least $1 million. The lands to be conveyed also would require State Legislature approval.

“In addition, when NYCO terminates all mining operations on Lot 8, the company will be required to reclaim the site and convey title to these lands back to the state for inclusion in the Forest Preserve.

You can read more about DEC and NYCO’s plan to mine the Jay Mountain Wilderness Area here.

Photo: NYCO’s  wollastonite mine which plans to be extended into the Forest Preserve. Photo by Nancie Battaglia.

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3 Responses

  1. Dan Crane Dan Crane says:

    Any idea how long this process will take? When will NYCO be able to start their exploratory enterprise within the Jay Mountain Wilderness Area?

    • Paul says:

      Normally this would probably be a pretty lengthy process but here it may be expedited given the amendment. I figured that these type of activities are not something allowed under a TRP. But when I looked they actually are covered under a “non-routine” TRP:

      “i. public road disturbance outside a road right of way where such disturbance is temporary in nature;

      j. oil and gas development projects (with required lease agreement);”

      But you can also make a case that a TRP is not allowed:

      “C. Activities on State Land for which TRPs will not be issued

      8. Any activity not compatible with the purpose for which the State land was acquired or is managed.”

      or

      “2. Any activity which could compromise The People of the State of New York’s title to State Land or change the mandated use of the State Land.”

      • Paul says:

        Sorry, J is not the right one it would be this:

        “h. surveying State Land for exploration purposes, including seismic (with required lease agreement), geodetic and mineral exploration;”

        Mineral exploration. Not oil or gas.