Wednesday, June 15, 2011

Adirondack Legislative Watch List

With the New York State Legislature wrapping up another session, I thought it would be a good idea to take a look at some of the bills making their way through the process. This list is not complete, but contains those items that are important in one way or another to the Adirondack Park.

There are two online systems that provide information about latest legislative actions and the status of bills. The NYS Senate’s Open Legislation system is still in Beta, but is apparently up to date, includes the latest Assembly info as well, and has the easiest user interface. The older system, the Legislative Research Service system, claims to offer “up to the minute” information.

Prohibiting NYS From Purchasing Land for Forest Preserve
Betty Little’s bill to prohibit the state from purchasing forest land in fee title and to only allow purchases by conservation easement. Killed just after 4 p.m. today in the Senate Rules Committee, a final stop on the way to a floor vote. (S. 1501 Little)

National Grid Land Exchange
This legislation will complete the Constitutional Amendment authorizing land swap that was approved by voters in 2009, allowing the New York Power Authority and National Grid to complete the Route 56 Tri-Lakes power line project. In exchange for receiving six acres of State Forest Preserve, National Grid is buying and giving to the public 20 acres that will be included in the Adirondack Forest Preserve. The bill is in the Ways and Means Committee in the Assembly and on the floor in the Senate. (A. 8214 Sweeney / S. 4861-A Griffo)

EPF Revenue Enhancer
This bill would, over the next four years, add the unclaimed nickel deposits from “bottle bill” revenues as an additional source of money for the Environmental Protection Fund (EPF). The EPF provides grants for land acquisition, invasive species control, smart growth projects and water quality improvements. This legislation is currently in the Ways and Means Committee in the Assembly and Finance Committee in the Senate. (A. 7137 Latimer / S. 5403 Grisanti)

Defines Adirondack ‘Community Housing’
Defines “community housing” for purposes of the Adirondack Park to mean four dwelling units not exceeding 1500 square feet of floor space each, located on one contiguous parcel within a moderate intensity use or low intensity use land use area, and meeting certain other defined land use criteria. Advanced to Third Reading in both the Senate and Assembly on Tuesday; Senate vote expected today. (S. 4165-A LITTLE / A. 8303 Sweeney)

Restricting APA Powers Over Campgrounds
Prohibits the Adirondack Park Agency from promulgating or implementing any rule, regulation or land use and development plan, related to campgrounds, which is inconsistent with the provisions of any rule or regulation of the department of health relating thereto. Third reading in the Senate; Environmental Conservation Committee in the the Assembly. (S. 343 LITTLE / A. 149 Sayward)

Re-defining ‘Campground’ in the Adirondack Park
Redefines “campground” for the purposes of the Adirondack Park and regulation by the Adirondack Park Agency; defines such term as a parcel of land with 5 or more campsites, including buildings and accessory structures; provides that recreational vehicles may be kept at a campground or campsite, with the consent of the owner of the campground, during periods of time when they are not in use, so long as they are not used in a manner which violates the campground permit. Passed Senate, referred to Assembly’s Environmental Conservation Committee on Monday. (S.345 LITTLE / A. 151 Sayward)

Requiring APA Appointments from Approved List
Requires the governor to appoint the five members of the Adirondack park agency who reside in the park, from a list established by the legislative bodies of the counties in the Adirondack park and the Adirondack Association of Towns and Villages. Referred to Finance in Senate; Environmental Conservation in Assembly. (S.822 LITTLE / A. 511 Sayward)

Removing Land Use Planning Power of APA
Makes state lands within the Adirondack Park subject to the local land use plan of the municipality in which the land is located. Betty Little Senate bill sent to Senate Finance Committee in May; there is no Assembly bill. (S. 5188 LITTLE)

10 Year APA Enforcement Statute of Limitations
Establishes a ten year statute of limitations to enforce violations of rules and regulations of Adirondack Park Agency committed within the Adirondack park. senate bill moved to Finance committee in May; Assembly bill in Codes committee since January. (S. 823 LITTLE / A. 512 Sayward)

“Adirondack Sportsmen’s Club Preservation Act”
Requires that state acquisition of open space shall remain subject to the leases of sportsmen’s clubs thereon. “Sportsmen’s clubs shall be deemed to retain exclusive access to and usage rights for hunting and fishing, while allowing public access to the land for other recreational activities.” In Senate Finance Committee. Betty Little bill in the Senate (S. 2487); no corresponding Assembly bill.

Opening Backcountry Waters to Disabled Veterans on Floatplanes
Directs the development of a permit system to provide disabled veterans access to certain restricted bodies of water in the Adirondack park through the use of float planes. Passed the Senate; in Assembly Environmental Conservation committee (S.824 LITTLE / A. 518 Sayward).

Public Right of Passage on Navigable Waters
Codifies the public right of passage upon navigable waterways of the state for purposes of commerce or recreation. Referred to the Assembly Codes Committee in May; no bill in the Senate since February, 2002 in deference to Senator Betty Little. (A370-2011 HOYT)

Boat Launch Preservation Act
Requires that one percent of the 4 cents per gallon gasoline surcharge on gasoline which is used on waterways but not more than 5 million dollars per fiscal year is to be deposited in the dedicated boat launch site fund; moneys of such fund shall be disbursed for design, construction, maintenance and improvement of boat launches and boat access sites. Referred to Assembly Ways and Means Committee in February; no sponsor in the Senate. (A5546 ENGLEBRIGHT)

Requiring Large Water Withdrawal Permits
Would grant DEC permitting abilities for withdrawals of large amounts of water (over 100,000 gallons per day) from lakes, rivers, streams or underground sources. Exemptions exist for agricultural water sources. The bill has passed the Assembly and is currently awaiting action on the Senate floor. (A. 5318-A Sweeney / S. 3798 Grisanti)

Creating ‘Non-Trail Snowmobile’ Registration
Establishes a non-trail snowmobile registration for snowmobiles which shall be used solely for the purpose of gaining access to hunting and fishing areas. Referred to Transportation Committee in both the Senate and Assembly in January. (S1206 GRIFFO / A 1141 Magee)

Requiring A DEC Wildlife Economic Impact Report
Requires the Department of Environmental Conservation to prepare a report on the economic impact of hunting, fishing, and wildlife-associated activities in New York. In Senate Finance Committee since January; no Assembly sponsor. (S653 VALESKY)

Extending DEC Northern Zone Special Muzzle-Loading Powers
This bill would extend DEC’s authority to establish, by regulation, management measures for muzzle-loading firearm big game special season in the Northern Zone until October 1, 2015. In the Adirondacks, concern about lower deer numbers might result in a short, early muzzle-loading season. Passed Assembly but modified in Senate; returned to Assembly June 6. (S4967 GRISANTI / A 6953 Gunther)

Allowing Fishing With Three Lines
Environmental Conservation Law would authorize an individual to angle for fish with up to 3 lines in freshwater until December 31, 2013. Currently one person may operate not more than two lines on any waters. Passed by Senate, amended and now at Third Reading. Codes committee in the Assembly. (S.2462-B LIBOUS / A.3480-B Russell)

Gift Cards for Hunting and Fishing Licenses
Directs the commissioner of environmental conservation to create gift cards for hunting and fishing licenses. Ordered to Third Reading in the Senate yesterday and on today’s Senate Floor calendar; Referred to Assembly Environmental Conservation Committee in May. (S. 5161 RITCHIE / A. 7576 Gunther)

Extending Coyote Season from March 28 to May 31
Establishes the open season for hunting coyotes as October 1 through May 31 (currently march 28). Sent to Environmental Conservation committee in January; currently no Assembly sponsor. (S2486 LITTLE)

Bear Gall Bladders
Senate version at third reading: “Prohibits the possession, sale, barter, offer, purchase, transportation, delivery, or receipt of bear gallbladder, bile, or any product, item, or substance containing, or labeled or advertised as containing, bear gallbladders or bile; exempts federal and state government and individuals with a valid hunting license from transporting one bear gallbladder.” In several committees in the Assembly.

Sacandaga Inland Waterway
This bill would add the Sacandaga River to a list of inland waterways which are eligible to receive funding through the Department of State’s Waterfront Revitalization Program (part of the Environmental Protection Fund). It was already passed in the Assembly and waiting for consideration on the Senate floor. (A. 7241 Sayward / S. 4763 Farley)

Commemorate Adirondack Medical Center 100th
What is known today as the Adirondack Medical Center began as two separate hospitals, the General Hospital of Saranac Lake, and the Placid Memorial Hospital of Lake Placid. Built at the top of Winona Avenue, the General Hospital of Saranac Lake was founded in 1911; The Placid Memorial Hospital Fund, was organized in 1947, and plans for construction of a new hospital to be located on a Church Street parcel were developed. Doors were opened at the Placid Memorial Hospital of Lake Placid on February 4, 1951. Referred to Finance yesterday. (J. 2567 LITTLE)

Creates A Constitutional Right to Hunt, Fish, and Trap
Prohibits counties and other local municipalities from regulating hunting, fishing, and trapping. Both referred to Attorney general for Opinion in May. (S2382-A SEWARD / A 6864-A Gunther)

Soil & Water Conserv Dist Invasive Species Program
Authorizes a public information and education program for soil and water conservation districts and relates to the spread of invasive species. Passed Senate in May; Sent to Assembly’s Environmental Conservation Committee the same day. (S2839-A YOUNG / A 3555 Magee)

Establishes Invasive Species Stewards, Paddling Fee
Establishes the aquatic invasive species volunteer steward program within the office of parks, recreation and historic preservation; such program shall use volunteers to collect information on alien plants and animals in state water, and educate boaters thereon; imposes an annual $6 permit fee upon non-motorized vessels and requires the revenue to be deposited into the I love NY waterways vessel access account. Referre to Senate Finance Committee in February; no assembly sponsor. (S3519 JOHNSON)

Repeals Defunct Water Quality Compacts
Repeals the Champlain Basin Compact, the Mid-Atlantic States Air Pollution Control Compact and the Delaware River Basin Water Commission Compact. To clean up and clarify the Environmental Conservation Law by repealing certain outdated sections which relate to proposed interstate compacts that were never established. These include: a 1966 law which proposed a Champlain Basin Compact; a 1967 law which proposed a Mid-Atlantic States Air pollution Control Compact; and a 1952 law which proposed a Delaware River Basin Water Commission Compact (not to he confused with the existing Delaware River Basin Compact). Refereed to Senate Environmental Conservation Committee in May; no Assembly sponsor. (S5139 FARLEY)


Saturday, June 11, 2011

DEC Environmental Summer Camp Openings

The New York State Department of Environmental Conservation’s (DEC) four summer environmental education camps provide kids with opportunities to explore forests, swamps, lakes and fields and go fishing, hiking, canoeing, swimming, star gazing and meeting professionals in environmental fields.

DEC’s unique residential camp program currently has openings for youth ages 12 to 14. Each of the camps focuses on conservation education by immersing campers in outdoor activities and hands-on learning that teach the wise use of natural resources. Highly qualified staff ensure that campers enjoy their week-long outdoor adventure and help them develop outdoor skills such as hiking, fishing and canoeing that can last a lifetime. For those who are interested, hunter safety training is available from certified Sportsman Education instructors, with prior permission from parents/guardians.

All four camps — Colby and Pack Forest in the Adirondacks, DeBruce in the Catskills and Rushford in Western New York — have openings for some weeks during the seven weeks of camp, which run from July 3 through August 20. Campers arrive on Sunday afternoon and are picked up Saturday morning. A week at one of these exceptional camps costs just $350 per week. Local organizations such as civic groups, garden and sportsmen clubs can also sponsor a camper. Applications are still being accepted and registration will continue until all spaces are filled.

Full information, including registration forms, available weeks and detailed program descriptions is available online or by writing to NYSDEC Camps, 625 Broadway, Albany, NY 12233-4500. You may also e-mail the camps at edcamps@gw.dec.state.ny.us, sign up for DEC’s camps listserve at or call 518-402-8014.

Photo: Campfire at Camp Colby. Courtesy DEC.


Wednesday, June 8, 2011

Continued Impacts of Lake Champlain Flooding

Although water levels have finally dropped below flood stage on Lake Champlain this week, a Flood Warning remains in effect and facilities and businesses near low-lying shorelines continue to be heavily impacted by high waters.

The Ausable Point Campground remains closed, as is the campground access road. Many Valcour Island campsites and access points are still flooded and due to the high waters, floating docks have not been installed and bathrooms are closed at Peru Dock, Port Douglas, Willsboro Bay and other boat launches. Vermont closed all access to Lake Champlain except for Tabor Point, malletts Bay, Lamoille River, Converse Bay, and Larabee’s Point. Quebec closed all access and shut down boating to prevent further shoreline erosion due to wakes. » Continue Reading.


Wednesday, June 1, 2011

Philosophy at SUNY ESF’s Northern Forest Institute

This week I happily begin work as a public environmental philosopher at the SUNY College of Environmental Science and Forestry’s Northern Forest Institute. Naturally I’ve been thinking quite a bit about how I can be of service to the Adirondack community in this position, so I thought this might be a good forum to explain a little bit about what it means to do philosophy followed by what we’re actually planning to do.

On thinking for a purpose
I see philosophy as an integrated practice of right-thinking and right-doing that has led to my decision to work as a philosopher in the Adirondacks. Years ago I became enlivened by an ecstatic pursuit of Philo Sophia and in the process, I became urgently aware that the subtext of my studies drew me towards philosophy as a lived intention that requires its practitioners to push to the outer edge where thinking becomes action and ideas have impact. » Continue Reading.


Tuesday, May 24, 2011

Environmental Historian at the Chapman Museum

This Wednesday, May 25, at 7 pm, noted environmental historian John Cumbler will present a talk entitled Mills, Water Power Dams and the Transformation of the Environment at the Chapman Historical Museum in Glens Falls. The lecture is the first in a series of programs, funded in part by a grant from the New York Council for the Humanities, which expand on the themes of the Chapman’s current exhibit, Harnessing the Hudson: Waterwheels & Turbines, a history of waterpower on the upper Hudson River. The program is free and open to the public.

John T. Cumbler, who earned his Ph.D. at the University of Michigan, has taught at the Univ. of Louisville since 1975, specializing in United States Environmental History and Economic History. Professor Cumbler is the author of numerous books including: Northeast and Midwest United States: An Environmental History (2005) and Reasonable Use: The People, The Environment, And The State, New England 1790-1930 (2001). In his talk he will explore the impact of industrialization on rivers and the history of how people have responded to that degradation.

The Chapman Historical Museum is located at 348 Glen Street, Glens Falls. The exhibit Harnessing the Hudson will be on view through September 25th. Public hours are Tuesday – Saturday, 10 am to 4 pm, and Sunday, noon to 4 pm. For more information call (518) 793-2826 or visit www.chapmanmuseum.org.


Saturday, May 21, 2011

APA Honors Clarence Petty

The Adirondack Park Agency celebrated Arbor Day 2011 with a tree planting in honor of Clarence Petty. Petty was one of the first employees at the Adirondack Park Agency following a long career with the NYS Conservation Department. He served on the Pomeroy Commission (Inter-Legislative Committee on Natural Resources) and the Temporary Study Commission on the Adirondacks.

Mr. Petty had a profound impact on the Adirondack Park and is considered one of the most influential environmentalists of the 20th century. » Continue Reading.


Friday, May 20, 2011

Lake George Water Tests Reduced Over Funding

The Darrin Fresh Water Institute’s (DFWI) annual program of testing waters near municipal beaches and town shorelines for coliform contamination will be less extensive this summer than in years past, according to Larry Eichler, a DFWI Research Scientist.

According to Eichler, The Fund for Lake George has withdrawn its financial support for the program.

While some municipalities may assume the costs of sampling waters near beaches, no organization has stepped forward to fund the monitoring of shorelines, Eichler said.

“The FUND for Lake George has contributed more than $300,000 in cost sharing for this program over the past 25 years,” said Eichler. “But while still supporting the efforts of this program, The Fund is unable to fund this program due to other committments.”

Those other commitments, explained Peter Bauer, the executive director of The Fund for Lake George, include exterminating invasive species like the Asian clam and financing the West Brook Conservation Initiative, which will protect the lake’s south basin from urban runoff.

“Unfortunately, we are unable to continue funding the program,” said Bauer. “While it’s time for The Fund to transition out of the program, the importance of monitoring public beaches should motivate local governments to adopt at least that part of the program.”

Bolton, Lake George Village, the Town of Lake George and Hague have agreed to consider adopting monitoring programs, said Eichler.

“Evaluation of bathing beach water quality provides a reminder that water quality is not guaranteed and that proper maintenance and surveillance of swimming areas remain critical,” said Sandra Nierzwicki-Bauer, the executive director of the Darrin Fresh Water Institute.

According Larry Eichler, DFWI can test sampled waters for Total Coliform (TC), Fecal Coliform (FC), and Fecal Streptococcus (FS) for as little as $30 per week. The Towns would be responsible for the costs of collecting the water samples.

New York State’s Department of Environmental Conservation has tested the waters near state-owned beaches since the late 1980s, after the Million Dollar Beach was closed for three days in 1988 because of an excessive fecal coliform count.

The Darrin Fresh Water Institute has tested waters near municpal beaches every summer since 2002.

“The program was a low cost mechanism to provide assurances that the public beaches on Lake George posed no threats to the public,” said Larry Eichler.

“We continue to believe that this program provides a valuable service to the Lake George community through assurance of water quality at our public bathing beaches.”

Even before it began testing municipal beaches for coliform contamination, DWFI was sampling sites around Lake George for coliform bacteria, which are generally viewed as indicators of sewage leaks or other sources for nutrients, such as storm water.

“The Lake George Coliform Monitoring Program was designed to be a proactive water quality program,” said Eichler. “Prompt identification and remediation of wastewaters entering Lake George is one of the most efficient ways to protect water quality.”

Waters were evaluated at sites with chronically high levels of coliform bacteria or in areas where algae appeared, Eichler explained.

“We’re disappointed that The Fund could not continue to support the program, but we understand fiscal realities,” said Eichler.

Eichler said grants may permit the Darrin Fresh Water Institute to re-establish the colliform monitoring program in the future.

Photo: Darrin Fresh Water Institute

For more news from Lake George, subscribe to the Lake George Mirror or visit Lake George Mirror Magazine.


Tuesday, May 17, 2011

2009-2010 Fisheries Annual Report Released

The 2009-2010 Department of Environmental Conservation (DEC) Bureau of Fisheries Annual Report has been released [pdf].

The report features a compilation of highlights and accomplishments of activities and efforts carried out for the 2009-2010 fiscal year by DEC Bureau of Fisheries staff located in nine regional offices, two research stations, twelve fish hatcheries, one fish disease laboratory, as well as DEC’s Central Office in Albany.

The report provides summaries of fish culture and egg take outcomes, coldwater and warmwater fish research surveys, angler catch and effort reports, new public access site developments, habitat protection efforts, and more.


Wednesday, May 11, 2011

APA Meeting: Champlain Bridge, GIS, Enforcement

The Adirondack Park Agency (APA) will hold its regularly scheduled monthly meeting on Thursday, May 12, 2011 at APA Headquarters in Ray Brook, NY. This month’s meeting is one day only. The meeting will be webcast live online. Meeting materials are available for download from the Agency’s website.

The Full Agency will convene on Thursday morning at 9:00 for Executive Director Terry Martino’s report where she will brief the Board on monthly activities and accomplishments.

At 9:30 a.m., Regulatory Programs Deputy Director Richard Weber will update the Board on the status of the Champlain Bridge project, telecommunication projects and the Agency’s emergency flood response. The Regulatory Programs Committee will then consider approving a shoreline setback variance and a second renewal for construction of structures in Resource Management and Rural Use lands. The Committee will also deliberate authorizing General Permit 2011G-2 which allows for the use of Herbicides for vegetative management around guide rails, signs and delineator posts adjacent to wetlands.

At 1:00, the Park Policy and Planning Committee will convene for a staff presentation that highlights the various Geographic Information System applications and services which staff diligently provides to local governments and other stakeholders in the Park. The Agency’s GIS and staff expertise is routinely used by municipalities in support of local land use planning efforts.

At 1:45, the Enforcement Committee will hear a second reading of the revised Civil Penalty Guidance. The guidance is intended to assist Agency staff in the determination of appropriate, fair civil penalties for violations. The committee will also discuss a new strategy to deal with violations related to older subdivisions of land.

At 2:30, Town of Chesterfield, Essex County Supervisor Gerald Morrow will provide the Community Spotlight with an overview of his Essex County community. Supervisor Morrow will discuss town accomplishments, opportunities and challenges ahead.

At 3:15, the Legal Affairs Committee will hear a report on legal guidance for the upcoming building season. Agency staff will review information flyers prepared for the general public that cover camping units in DOH-permitted private campgrounds, shoreline expansions and group camp principal buildings.

At 4:00, the Full Agency will assemble to take action as necessary and conclude with committee reports, public and member comment.

The June Agency is scheduled for June 9-10, 2011 at Agency headquarters in Ray Brook.

July Agency Meeting: July 14-15 at the Adirondack Park Agency Headquarters.


Tuesday, May 10, 2011

DEC Seeks Money for Follensby Pond

The New York State Department of Environmental Conservation is fighting for federal monies to help pay for the acquisition of Follensby Pond near Tupper Lake.

The Adirondack Nature Conservancy bought Follensby Pond and its surrounding forest—some 14,600 acres, in all—for $16 million in 2008 with the intention of selling it to the state. The property had been on the wish list of preservationists for decades. » Continue Reading.


Monday, May 9, 2011

Chapman Opens ‘Harnessing the Hudson’ Exhibit

The Chapman Historical Museum in Glens Falls has opened a new major exhibition, Harnessing the Hudson, which explores the history of how people in the region have harnessed the renewable energy of the Hudson River from early sawmills to hydroelectric generators.

In 1903, the Spier Falls hydroelectric dam, located on the Hudson eight miles upstream from Glens Falls, began to produce electricity. Touted at the time as the largest dam of its type in the United States, the dam supplied electricity not only to surrounding communities but also to the large General Electric plant in Schenectady 50 miles away. The dam quickly became part of a network of power plants and transmission lines that supplied power for factories, transportation and lighting in the Capital region.

The brainchild of Glens Falls attorney, Eugene Ashley, Spier Falls was a project that captivated the interest of people far and wide. They were familiar with water power, but electricity was a very new phenomenon at the beginning of the 20th century, and many people were not convinced of its potential. Little did they suspect how much it would change their lives.

The exhibit features archival materials and artifacts principally from the Chapman’s Spier Falls collection but also from other regional archives. Of particular note are photographs provided by the Schenectady Museum and Science Center, which houses thousands of images that document the history of GE and the development of electricity. For those unfamiliar with the physics of water power, a hand-cranked generator and other interactive elements provide greater understanding of the science involved.

In conjunction with the exhibit, which will run through September, the museum plans to hold a series of public programs relating to the theme of Harnessing the Hudson. These will include talks about the history of hydropower on the upper Hudson, the development of the electric grid, a driving tour of mill sites, and kayak tours that explore the river ecology around Spier Falls.

This project is supported by: Brookfield, The Leo Cox Beach Philanthropic Foundation, the Waldo T. Ross & Ruth S. Ross Charitable Trust Foundation, National Grid, the New York Council for the Humanities and general operating support from the New York State Council on the Arts, a state agency.

The exhibit will be on display at the Chapman Historical Museum through September 25, 2011. The museum is located at 348 Glen Street, Glens Falls, NY. Public Hours are Tuesday – Saturday, 10 am to 4 pm, and Sunday, noon to 4 pm. For more information call (518) 793-2826

Photo: Construction workers installing a 12’ diameter penstock at Spier Falls Hydroelectric Dam, 1901.


Thursday, May 5, 2011

Climate Justice The Focus of John Brown Day

Climate Justice will be the focus of this year’s annual John Brown Day on Saturday, May 7, 2011. A tradition dating back to the 1930s, John Brown Day is held each year at the John Brown Farm State Historic Site in Lake Placid, to honor one of the nation’s most influential abolitionists on the anniversary of his birth in 1800.

Dedicating his life to eradicating slavery, Brown eventually risked all attacking the federal arsenal at Harper’s Ferry, Virginia, in 1859. Captured by troops led by Robert E. Lee and J.E.B. Stuart, Brown’s trial and execution are considered by many historians as a spark that help ignite the Civil War 150 years ago. » Continue Reading.


Thursday, May 5, 2011

Aerial Photos Capture Champlain Sediment Plumes

A series of remarkable photographs issued by the Lake Champlain Basin Program (LCBP) shows shoreline erosion and sediment and nutrient loading of Lake Champlain as a result of the flooding that continues to occur around the region. The lake has reached historic levels that have accelerated shoreline erosion and sent dark plumes that likely contain contaminants into open water.

The filling of historic wetlands, channeling streams and development along watersheds that empty into the lake have increased storm water run-off and added what is considered an unprecedented about of contaminants – pollution, nutrients and sediment – into the Lake Champlain ecosystem according to the LCBP.

“While there will be time in the future for a careful assessment of the flooding of the many tributaries and of the Lake itself,” an LCBP press statement said, “it already is clear that the impact on water quality (in addition to the immediate human distress) will be very significant.”

Among water quality managers’ concerns is controlling run-off phosphorus pollution from household cleaning products and lawn fertilizers, believed critical to managing and reducing water pollution. Increased phosphorus pollution is linked to the growth of potentially toxic and economically disruptive algae blooms.

During unseasonably warm weather last July health warnings were issued in New York and Vermont for algae blooms in Lake Champlain (including some near Westport, Port Henry, and Crown Point). At the time health officials recommended avoiding all contact with the affected water including swimming, bathing, or drinking, or using it in cooking or washing, and to keep pets and livestock from algae-contaminated water.

The water quality issues come at a time when Plattsburgh is celebrating its 10th year of hosting professional fishing tournaments on Lake Champlain. According to Dan Heath, writing in the Press Republican, Plattsburgh has hosted more than 50 tournaments that included some 25,000 anglers since 2001. More than 3,000 bass anglers are expected for this year’s tournaments which together will offer $1,8 million in prizes. “Lake Champlain has earned a reputation as one of the best smallmouth bass fisheries in North America,” Heath wrote.

The tournament season will kick off withe the American Bass Angler’s Weekend Series on June 11th.

The Lake Champlain Basin Program has posted the aerial photos (taken on April 29-30, 2011) online; the photos are also linked to Google Maps. It’s likely a similar situation is occurring on many of the Adirodnack region’s lakes and reservoirs.

Photos: Above, sediment plume from the Ausable River and Dead Creek; Below, headland erosion and suspended sediment north of Mooney Bay. Photos courtesy the Lake Champlain Basin Program.


Wednesday, May 4, 2011

Update: Dealing With Flood Waters

This winter’s deep snow pack combined with heavy rains last week and this week continue to leave lakes and ponds brimming, and rivers and streams swollen with cold and fast water. All major rivers are at or above flood stage and flooding continues to occur and is expected to continue through Friday. Except for the Tug Hill Plateau, Flood Warnings continue to be in effect across the region. Roads and trails around the region have been reported closed, several roads and bridges have collapsed, and major flooding has forced evacuations along the Hudson, Schroon, Ausable, Bouquet, Saranac, Moose, Black and Raquette Rivers, and along Lake Champlain and many other water bodies around the Adirondacks.

The NYS Department of Environmetnal Conservation has issued the following announcement about continued flooding and the environmental risks associated with flooding.

Gasoline and Oil Spills

DEC is warning homeowners and building owners with flooded basements to check for sheens or odors from gasoline, oil or substances that may have leaked from fuel oil storage tanks, furnaces or motorized equipment before pumping out water. If a sheen or odor is present, contact the DEC Spills Hotline immediately at 1-800-457-7362.

If pumping is already occurring when sheens or odors are discovered, cease pumping immediately. A mixture of gasoline or oil and water can impact the surface water, ground water and soils when pumped and released into the environment. It is best to collect and remove spilled gasoline and oil while it is still contained in a basement. DEC Spills staff will work with home and building owners to determine the most effective means to address the spill.

Repairing Flood Damaged Streambanks and Lake Shorelines

Property owners who have streams or shorelines which have been eroded or otherwise damaged by flooding should check with the DEC Environmental Permits Office before undertaking repair work to determine if a permit or emergency authorization is required. Depending on the situation, work immediately necessary for the protection of life, health, general welfare, property or natural resources may be authorized under emergency authorization procedures. Projects for the purpose of shoreline restoration and erosion protection are subject to a permit application process.

DEC provides a number of documents on its website to assist in developing a shoreline stabilization project:

Stream Crossings

Stream Crossings: Guidelines and Best Management Practices

Shoreline Stabilization

Shoreline Stabilization Techniques

Applying for a Protection of Waters Permit

Sample General Site Plans for a Protection of Waters Permit

Sample General Project Plans for a Protection of Waters Permit

Locks

Both the Lower Locks, located between First Pond and Oseetah Lake and the Upper Locks, located between Lower Saranac Lake and Middle Saranac Lake, are closed to public usage until further notice. High waters and large amount of debris are still preventing the operation of the locks.

Boat Launch Sites

Most boat launches in the region are flooded, making it risky to launch and retrieve boats. Boaters not familiar with the location of the various structures on around the boat launch (ramps, walkways, docks, posts, etc.) that are now underwater risk damaging trailers and boats when launching or retrieving boats.

Water Recreation

Paddlers and boaters should continue to stay off of rivers and streams. Water levels are high and water temperatures are low, rivers and streams are running swiftly. Cold waters increase the risk of hypothermia and drowning if you should fall into the water.

Waters may contain logs, limbs and other debris. High waters also conceal navigation hazards such as boulders, rock shelves, docks and other structures that normally are easily seen and avoided.

Backcountry Recreation

The previous warning to keep out of the backcountry has been rescinded. However, hikers and campers should be aware of the conditions they can expect to encounter in the backcountry. Streams are still high and extra caution should be used at stream crossings without foot bridges.

Trails are muddy and wet. Hikers should be prepared for these conditions by wearing waterproof footwear and gaiters, and remember to walk through – not around – mud and water on trails. Trails and campsites adjacent to waters may be flooded.

Blowdown may be found on trails, it is expected that large trees may have been blown over due to winds and saturated soils. The danger of landslides on mountain slopes still exists, particularly if the forecasted rain occurs.

Snow is present in elevations above 2900 feet, and snowshoes are required in elevations above 3200 feet.

The full weekly Adirondack Conditions Report will run Thursday afternoon here at the Almanack, and Friday morning on WNBZ (AM 920 & 1240, FM 105 & 102.1) and the stations of North Country Public Radio.

Photo: A snowmobile sits in flood waters on the Schroon River in Chestertown. Photo courtesy John Warren.

 


Tuesday, May 3, 2011

Dave Gibson: Reform APA Project Review

The Adirondack Club and Resort (ACR) adjudicatory public hearing is finally underway. The ACR project was first introduced as a conceptual Adirondack Park Agency (APA) application in 2004. Seven years later, it is still massive, involving 719 dwelling units spread over 6,200 acres near Tupper Lake.

Hearing witnesses gave ample evidence last week that show APA’s staff decision to deem the ACR application complete in the fall of 2006 to have been premature. In reference to the applicant’s repeated failing to produce any kind of serious wildlife or natural resource studies, a key witness for APA, retired director of regulatory programs Mark Sengenberger, noted that APA can only ask for additional information and not receive it so many times. Wildlife habitat was a key piece of that missing information, Sengenberger said. As other witnesses revealed, also missing was any rigorous assessment of alternative designs of the development.

The costs of not requiring comprehensive data before deeming such a complex and controversial application complete are considerable. Between the applicant, the APA and the hearing parties, millions of dollars have been spent over six years in pre-hearing phases of the ACR without arriving at any deep understanding of the site to be developed. There are also big gaps in understanding the reliability of infrastructure and financing data in the application. Countless person hours have been spent at APA struggling to get information out of this applicant. I suspect that several legitimate requests from citizens to send other Park projects to hearing were denied, in part, because APA is such a small agency and ACR has consumed too much of its human and economic resources since 2004.

Dr. Michael Klemens, a conservation biologist and witness for Adirondack Wild: Friends of the Forest Preserve, stated last week at the hearing: “we are forced to spend time at this hearing debating the lack of biological data, which should have been compiled and assessed before deeming the application complete, while instead this hearing should be discussing the implications of a robust set of ecological information that actually informs how and where to site development.”

In characterizing the proposed layout of development on the ACR site, Dr. Klemens stated “this is classic sprawl on steroids.” The ACR spreads negative ecological impacts out across the landscape, he stated. He added that by compacting the design to be less fragmenting of the landscape, many objectives would be met, both economic and ecological. Less money would be spent simply reaching the site with infrastructure, for example, while the impact or zones of influence of development on sensitive areas would be smaller. His testimony revealed a well known process to successfully build housing in sensitive landscapes that involves developing a complete understanding of the project site first, mapping that information, and only then developing plans for housing which avoids the most sensitive areas and maintains the integrity of ecological processes.

This could have happened for ACR, but unfortunately this application does the very opposite, he noted. Only the APA can determine why they allowed this to happen, he stated. Asked whether or not there is sufficient biological and ecological information in the application for the APA to reach a determination of no undue adverse impact, Dr. Klemens stated “there is insufficient data to make such a determination.”

Asked whether the APA could merely place conditions on a defective application which purport to “mitigate” adverse impacts, Dr. Klemens said “a defective application should never be conditioned. It should simply be denied without prejudice, and the applicant given time to develop that information, and resubmit the application.”

Dr. Klemens is the Planning Board chairman for a town in Connecticut. In that capacity, he said he often imposes expectations on developers working within a complex, ecologically important site to identify and map sensitive resources prior to laying out development sites. “Understand the site first, and from that understanding develop plans for housing or other development.” In fact, he noted, in his experience fast-tracked applications are those that have developed good biological and natural resource data. That way, conflict is reduced, development occurs in the less sensitive places, and money is saved. The “train wrecks” result when a process does not allow for understanding natural systems in the first place, like the ACR.

In responding to cross examination, Dr. Klemens took time to explain his view that his testimony is not about whether or not development should or can take place on the ACR site. It is very likely that development is compatible with areas on the site, he said. The “real issue involved in this hearing is the amount, intensity and lay-out of that development. That’s the key.”

How can the APA use the ACR experience to improve its project review? One way is to mimic the way its sister agency, DEC, as well as many town and county planning boards utilize the State Environmental Quality Review (SEQR) Act. After determining that a project may have one or more significant environmental impacts, a step known as a positive declaration of impact, the lead agency in SEQR must require an environmenal impact statement (EIS) of the developer. Project scoping invites the public to comment on the proposed topics to be covered by the EIS. “The purpose of scoping is to focus the EIS on the most relevant issues and potential impacts, including means to avoid or minimize those impacts; the lead agency may thereby ensure that the draft EIS will be a concise, accurate and complete (emphasis mine) document adequate for public review” (from: www.dec.ny.gov).

Think of the APA application process as a version of SEQR, and the APA’s review as a kind of EIS. Before deeming an application complete, the agency could invite the public to help APA undertake project scoping in order to ensure that an application actually and thoroughly answers key questions, and provides the information required for a comprehensive review of impacts. If that process were used, there might be more meaningful constituent participation with APA and fewer “train wrecks” like ACR, where so much time is spent at an APA hearing debating the paucity and reliability of information and data needed by the commissioners to reach a sound, post-hearing decision. In fact, I remember several APA commissioners suggesting this very reform of their own project review of large projects in 2008, following their approval of the FrontStreet application in North Creek. I have yet to see positive results from their suggestions.

Photo: Dr. Michael Klemens points to a map of ACR during his testimony at the public hearing last week.



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