On Tuesday New York Supreme Court Judge Robert Muller granted a motion by two Adirondack environmental groups to preliminarily enjoin the Department of Environmental Conservation (DEC) from constructing of a new snowmobile bridge over the Cedar River until a decision is reached in an ongoing lawsuit.
The river is designated as a Scenic River under New York’s Wild, Scenic, and Recreational Rivers System Act.
The preliminary injunction was issued in response to a lawsuit brought by Adirondack Wild: Friends of the Forest Preserve and Protect the Adirondacks! The court decision halts construction of the trail at the banks of the Cedar River for now. » Continue Reading.
New York Supreme Court Judge Robert Muller issued a temporary restraining order on Friday blocking the NYS Department of Environmental Conservation from constructing a new 140-foot steel motor vehicle bridge over the Cedar River.
DEC wants to build the bridge to create a shorter snowmobile route between Indian Lake and Newcomb. The planned route also requires a second legally questionable bridge across the Boreas River, also designated Scenic, as well as permissions from numerous land owners. » Continue Reading.
Fifty springs ago, the Upper Hudson River was conserved as a wild, free flowing river. The Schenectady Gazette’s writer Pete Jacobs reported the news in the April 17, 1969 edition of that newspaper:
“Without opposition, the Assembly gave swift approval to legislation prohibiting the construction of the Gooley Dam on the Upper Hudson River, branded by conservationists as a threat to the wild river country.”
In addition to Gooley, the bill blocks construction of any reservoirs on the river from Luzerne to its source in the Adirondack Park.» Continue Reading.
There are many ways to constrain the boundaries around public participation in decision-making. One way is to sidestep the law without amending it, thereby limiting public awareness and legislative debate of the issues. An example of this is occurring on the former Finch, Pruyn lands where the State wants to issue itself a permit or a variance to allow snowmobile connectors in river corridors when the law says that that motorized recreational activity is not permitted.
Under the Essex Chain of Lakes Primitive Area Unit Management Plan, the State recently argued in Albany County Supreme Court that DEC regulations allow the agency to issue itself a permit or variance to do things that others could not do, like build a motorized bridge over a scenic Cedar River, or operate motor vehicles over a scenic river like the Hudson River. Other parts of these River regulations expressly disallow the State from issuing itself a permit or variance to undertake a project which the statute disallows. » Continue Reading.
I noticed this in the June 29 edition of the Environmental Notice Bulletin, a weekly publication of the NYS Department of Environmental Conservation:
“Newcomb to Minerva Multi-Use Trail; Application ID 5-1599-00019/00001; Permit(s) Applied for: Article 15 Title 27 Wild, Scenic & Recreational Rivers; Project is Located: Newcomb, Essex County;
Project Description: The Department of Environmental Conservation proposes to construct a multi-use recreational trail within one-half (1/2) mile of the Boreas River, which is designated as a Scenic River by Environmental Conservation Law Title 27, Wild, Scenic and Recreational Rivers Systems. The total acreage of the trail within the River corridor is approximately 1.1 acres, or approximately one (1) mile of trail, located within the 92,000-acre Vanderwhacker Mountain Wild Forest.”
The notice is incomplete and misleading. Here we have the DEC applying for a permit from itself to build a 9-12 foot snowmobile route from Newcomb to Minerva through undeveloped forest preserve, a route which will intersect the Boreas River just upstream of the Route 28N bridge. At this location, the Boreas is a designated Scenic River under the state’s Wild, Scenic and Recreational Rivers Act. The DEC’s route requires a new steel bridge over the river here to safely accommodate two-way snowmobile traffic. The route also requires cutting 1,676 trees on the Forest Preserve from the river to private land in Minerva. Cutting across private lands will require landowner agreements which may or may not be in hand or forthcoming.
An incomplete, misleading notice is not the greatest problem – the project is illegal. » Continue Reading.
Two of the Adirondack Park’s major environmental groups are suing the state over the management plan for the Essex Chain Lakes region—a large tract of forest, ponds, and streams that the state acquired from the Nature Conservancy as part of the blockbuster Finch, Pruyn deal.
Protect the Adirondacks and Adirondack Wild: Friends of the Forest Preserve filed a lawsuit in State Supreme Court in Albany contending that the management plan violates the Adirondack Park State Land Master Plan, the state Wild, Scenic, and Recreational Rivers System Act, and state snowmobile-trail policy. » Continue Reading.
Two of the Adirondack Park’s four major environmental organizations filed a legal challenge to the Essex Chain management plan, but the two others have legal questions as well.
Protect the Adirondacks and Adirondack Wild filed a lawsuit today in State Supreme Court in Albany, claiming the management plan violates the Adirondack Park State Land Master Plan, the state Wild, Scenic, and Recreational Rivers Act, and state snowmobile-trail policy.
Named as defendants are the state Department of Environmental Conservation, which drafted the management plan, and the Adirondack Park Agency, which approved it. Both agencies refused to comment on the suit.
Christopher Amato, a former assistant commissioner at DEC, told the Almanack that the Essex Chain plan is “blatantly illegal.” Amato is now an attorney at Earthjustice, a nonprofit organization that is representing Protect and Adirondack Wild in the lawsuit.
Amato said Earthjustice will file a motion to prevent DEC from implementing the management plan until the lawsuit is resolved.
Note: This article is the third of three that looks at the widespread violations of public process, state policies, and state laws in the recent approval of the Essex Chain Plan. Part one can be found here and part two here.
In many ways the Forest Preserve defines the Adirondack Park experience. The trails, mountains, lean-tos, campsite and deep beauty of the forests are what the Adirondacks is all about. The Forest Preserve provides the dramatic scenic backdrop across the Park and brings millions of visitors to the Adirondacks. The Forest Preserve also generates tens of millions in school and local tax revenues. » Continue Reading.
I wish to recognize Adirondack Park Agency board member Art Lussi for his insistence over the past several months that the NYS Department of Environmental Conservation (DEC) provide a legal rationale for allowing expanded motorized uses in the Forest Preserve’s protected river corridors. When DEC failed again last week to provide that legal explanation, Lussi joined Richard Booth in voting no on DEC’s plans for the Essex Chain area because they fail to comply with the State Land Master Plan. » Continue Reading.
The Adirondack Park Agency (APA) is accepting public comments on how their Essex Chain Lakes Complex Plan conforms to the Adirondack Park State Land Master Plan. The comment period will conclude on October 16, 2015.
The plan addresses the continued development of controversial bicycling and snowmobiling projects, including the construction of a bridge over the Cedar River continued maintenance of the Polaris (Iron) Bridge over the Hudson River, and the construction of a new snowmobile trail between Indian Lake and Minerva. » Continue Reading.
The contradictory, disconnected, segmented, illegal and impractical ways that the NYS Department of Environmental Conservation (with full cooperation from the Adirondack Park Agency so far and support from Governor Andrew Cuomo) is going about the business of planning and building community connector snowmobile routes in the Adirondack Park continues apace. Work planning for the just approved community connector between Newcomb and Minerva, for example, will prove very interesting indeed and will be challenged in every sense of that word. » Continue Reading.
A new 40-mile snowmobile thoroughfare will be built by the NYS Department of Environmental Conservation (DEC), mostly on “forever wild” Forest Preserve lands between the towns of Minerva, Newcomb and North Hudson. Construction of the 9 to 11 feet wide route, which was approved by the Adirondack Park Agency (APA) in July, is expected to begin immediately. » Continue Reading.
A draft plan for the Essex Chain Lakes Complex produced by the NYS Department of Environmental Conservation (DEC) calls for major back-country development in some of the most unique lands in the Adirondack Park, only recently acquired by the people of New York.
The plan for the Essex Chain Lakes Complex, located in the towns of Minerva, Newcomb, and Indian Lake, includes a snowmobile trail that would cross the Hudson River on the Polaris Bridge and the Cedar River on a newly constructed bridge; extensive mountain biking and equestrian trail networks; new ski trails, carry trails, and lean-tos; and expanded road access and parking areas. The proposal also seeks to maintain the Outer Gooley Club’s farmhouse building. » Continue Reading.
The 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.