Comments on Adirondack UMPs

DEIS on 2013 Amendments to the Adirondack Park State Land Master Plan

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July 15, 2013

James E. Connolly, Deputy Director, Planning
Adirondack Park Agency
Post Office Box 99
1133 State Route 86
Ray Brook, NY 12977

Dear Mr. Connolly:

 RE:  DEIS on 2013 Amendments to the Adirondack Park State Land Master Plan

 The Draft Supplemental Environmental Impact Statement fails to provide all ‘reasonable alternatives’ in its review of possibilities, by failing to include the option of classifying the lands of Essex Chain Tract, Indian River Tract, OK Slip Tract, and Open Space Conservancy (OSC) Tracts as ‘Wild Forest’ in their entirety.  A reasonable person could conclude that providing such a ‘Wild Forest’ classification, as part of the review, is required under the analysis mandated by ECL 8-0109 (“reasonable alternatives under SERQA”) and the Executive Law 816 (“state land plan for Adirondacks”).

While Alternative 4A (“New Land as Wild Forest with a Wilderness Corridor Along the Hudson River”) comes close to a pure ‘Wild Forest’ option, I would strongly recommend that the agency consider creating an Alternative 4C, with a ‘Wild Forest’ option, and ultimately adopt the Alternative 4C, pure ‘Wild Forest’ option, to preserve access to existing roadways, as felt necessary and proper by the Department of Environmental Conservation.

A pure ‘Wild Forest’ option would continue to allow use many of the existing roadways to provide access to the interior of these lands that exists today, under private ownership to existing camps and facilities. Nobody is proposing the construction of new roads or expanded motor vehicle access to this area, indeed such a provision would be violative of Article XIV of the state’s constitution, which states, “…nor shall the timber thereon be sold, removed or destroyed.”

East

The unique provisions of the state’s constitution will prevent excessive development and use of these lands. In Association for Protection of Adirondacks v MacDonald (253 N.Y. 234, affg 228 App Div 73, 1930), it was decided that most cutting of trees in the forest preserve by the DEC was prohibited. A state-owned bob sleigh run was prohibited from being built in state forest preserve.

 “The Adirondack Park was to be preserved, not destroyed. Therefore, all things necessary were permitted, such as measures to prevent forest fires, the repairs to roads and proper inspection, or the erection and maintenance of proper facilities for the use by the public which did not call for the removal of the timber to any material degree. The Forest Preserve is preserved for the public; its benefits are for the people of the State as a whole.” (emphasis added)

No new facilities on these lands may be constructed that require the cutting of timber, beyond a “material degree” as defined in MacDonald and subsequent decision in Balsam Anglers Club v. DEC (153 Misc. 2d 606, 1991), which continued to hold that DEC could not cut any material amount of timber, although a small amount of brush removed to conduct a hiking a trail would be permissive.

Further restrictions on public motor vehicle use in ‘Wild Forest’ lands under 1935 opinion of Attorney General John J. Bennett, Jr., who stated it would be unlawful to create new public roads within forest preserve, without amending the state constitution. Mr. Bennett’s opinion permitted the DEC to create new “truck trails” for administrative use and forest-fire prevention, however if such truck trails were to be built, the public would be banned from use of them.

Therefore, Adirondack Park Agency (APA) should not be concerned or fearful about an expansion of motorized transportation in this areas, but should continue to allow existing access roads where deemed necessary and proper by the Department of Environmental Conservation (DEC).

Sandy Plains

Moreover, the APA is not constrained, on their classification of these parcels. The controlling law is Executive Law 816, which simply requires the APA to create a plan, and for the DEC to follow it. The statue allows for the APA to amend their plan, at will, when acquiring new parcels or meet contemporary uses of land, as long as it is consistent with the state constitution’s prohibition on the removal of timber.

A ‘Wild Forest’ classification, with the protections provided under state constitution is what is needed for these lands. This would keep most of the existing interior roads open for low-speed, controlled motor vehicle travel, for access to the Hudson River, campsites, and the many ponds and trail heads up mountains. Let the DEC then decide which existing interior roads to convert to hiking trails, based on terrain and sensitive environmental areas.

Additionally, a ‘Wild Forest’ classification would keep existing interior roads open to snowmobiles in winter and ATV access in the summer and fall including hunting seasons. Again, exact routing of such corridors should be left to the DEC in their creation of the Unit Master Plan (UMP). Likewise, hiking trails should be designated in the UMP, and may be created either following existing routes, or new routes, under the authority granted by the court in Balsam Anglers Club.

To be clear, current precedence and practice allows roadside camping, with a small trailer or pickup truck with a camper top, is allowed in Wild Forest-area in designated areas. As such, I would call for an amendment to the APSLMP, as part of the plan to strike the road “tent” from the description of campsite, as designated under Wild Forest. All other provisions, including the ¼ mile separation should remain for campsites in Adirondack Park.

Units with existing, department-designed roadside campsites, and no prohibitions on small vehicular campers include the following Wild Forests: Aldrich Pond, Black River, Debar Mountain, Ferris Lake, Horsehoe Lake, Jessup River, Independence River, Moose River, Saranac Lake, Sargent Ponds, Taylor Pond, Vanderwhacker, and Wilcox Lake – all of largest wild forests. Roadside camping is popular activity on many back roads, and is not only allowed in many designated sites in New York State, but is common in National Forests in neighboring states, such as Pennsylvania and Vermont. The impact on existing ecosystems is minimal, as the land is already impacted by existing motor vehicle traffic traveling on these roads.

Finally, the Adirondack Park Agency should carefully review the resolution, “Resolution in Support of the Upper Hudson Recreational Hub Request for Maximum Access to Unclassified State Lands,” by the Adirondack Association of Village and Towns in making their classification decision for these lands. Setting out a dramatic vision for these lands, they would protect the existing wild forest character of these lands, while maximizing the public use of these lands, which were ultimately paid for with our taxpayer dollars.

Thank you for reviewing these comments. I look forward to reviewing the revised DEIS.

Sincerely,

Andy Arthur

Beaver Dam

 Resolution in Support of the Upper Hudson Recreational Hub

Request for Maximum Access to Unclassified State Lands

 

Resolution Date: 3 June 2013 at the Membership Meeting of the Adirondack Association of Towns and Villages

Moved By: Supervisor Farber, seconded by Supervisor Monroe  CARRIED

WHEREAS, Governor Cuomo has announced the State’s acquisition of 69,000 acres of the former Finch Pruyn and other Nature Conservancy Lands; and

WHEREAS, Governor Cuomo has stated that this agreement will make the Adirondack Park one of the most sought after destinations for paddlers, hikers, hunters, sportspeople, and snowmobilers, and that opening these lands to public use and enjoyment for the first time in 150 years will provide extraordinary new outdoor recreational opportunities, increase the number of visitors to the North Country and generate additional tourism revenue; and

WHEREAS, the five Towns in the Adirondack Park most affected by this acquisition wish to realize the maximum benefit of increased tourism revenue; and

WHEREAS, the five Towns consisting of Indian Lake, Long Lake, Minerva, Newcomb, and North Hudson wish to work together to achieve the maximum economic benefit to the region from the increased tourism and have now formed the Upper Hudson Recreation Hub; and

WHEREAS, these tracts of land have an extensive network of maintained roads formerly used as logging and access roads; and

WHEREAS, the Upper Hudson Recreation Hub is in agreement that the only path to realize the maximum economic benefit of this land acquisition is to provide the utmost access to the public to the ponds, lakes, rivers, streams, and trails and that access should be provided to all citizens including the elderly, handicapped, disabled and physically challenged; and

WHEREAS, the Upper Hudson Recreation Hub is also in agreement that all forms of recreational activities to include, but not be limited to, hiking, canoeing, camping, skiing, snowmobiling, mountain biking, horseback riding, dog sledding, and the use of ATV’s be permitted; and

WHEREAS, the Upper Hudson Recreation Hub is of the opinion that the “Gooley Historical Society” be permitted to preserve and maintain the Outer Gooley Farmhouse, a building of historical significance that would be a learning tool for current and future generations and the loss of this valuable asset would be truly disrespectful to our Adirondack Ancestors; and ..

WHEREAS, the Upper Hudson Recreation Hub agrees that the proposal to surplus the Boreas Pond Lodge and support buildings would be a complete waste of a valuable asset that could be used for many purposes such as training and education, as an information center, an outpost, or as lodging; and

NOW, THEREFORE BE IT RESOLVED, that the Adirondack Association of Towns and Villages wholeheartedly supports the position of the Upper Hudson Recreation Hub, in its honorable efforts to achieve the greatest economic benefit from this purchase by requesting that the State classify these lands in away that promotes the maximum access to the ponds, lakes, rivers, streams, and trails by all citizens, including the elderly, handicapped, disabled and physically challenged; and

BE IT FURTHER RESOLVED, the Adirondack Association of Towns and Villages strongly oppose any land use and classification that does not allow for all forms of recreational activities to include, but not be limited to, hiking, canoeing, camping, snowmobiling, skiing, mountain biking, horseback riding, dog sledding, and the use of ATV’s; and

BE IT FURTHER RESOLVED, that the Adirondack Association of Towns and Villages fully supports the continued maintenance and preservation of the Outer Gooley Farm House, a place of historical significance where early settlers tried to farm and run a sporting camp; where there was a discovery of hand dugout canoes; where Heavyweight boxer Gene Tunney trained; and where Senator Bobby Kennedy launched his raft into the Hudson River, and, if not preserved, would be the loss of an invaluable asset that could be used as a learning center for present and future generations; and

BE IT FURTHER RESOLVED, that the Adirondack Association of Towns and Villages fully supports the continued use of Boreas Pond Lodge and support buildings that could be used for many purposes such as training and education, as an information center, an outpost, or as lodging; and

BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Andrew Cuomo, Commissioner Joe Martens, Senator Elizabeth O’C Little, Senator Hugh T. Farley, Assemblyman Daniel G. Stec, Assemblyman Marc W. Butler, Adirondack Park Agency Chairwoman Leilani Ulrich, DEC Region 5 Regional Director Robert Steggeman and DEC Region 5 Regional Natural Resource Supervisor Thomas Martin.

Intensive Use Confusion Over Moose River Plains

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Recently, the Adirondack Park Agency adopted several changes to Moose River Plains Wild Forest in the master map of the Adirondack Park. One of the biggest changes was to convert an area around Moose River Plains Road and Red River Road into an “Intensive Use Area” known as the “Moose River Plains Camping Area” (MRPCA), to allow campsites to remain that are within 1/4 mile of each other, which otherwise would violate the Adirondack Park Land State Master Plan (APLSMP) for Wild Forest.

The change is pretty slight, described as in Moose River Plains Intensive Use Area Plan (PDF):

“The proposed MRPCA will look very similar to the existing roadside uses in the MRPWF. The sole purpose for proposing the creation of the MRPCA is to allow roadside camping in higher density than can be allowed under wild forest guidelines. Although the APSLMP will recognize this newly created intensive use area as a campground by definition, the overall management goals include protecting the wild character of both the MRPCA and the MRPWF. The Department intends to manage this area in a manner that is much more reflective of wild forest guidelines, with the exception of the camp site separation distance guideline. The management responsibilities for the MRPCA will remain with the Division of Lands and Forests and will be regulated under those parts of NYCRR 6 Part 190 that are applicable to the adjoining wild forest lands. Due to the close relationship between the MRPWF and the MRPCA any future revisions to either UMP will require an assessment of potential impacts on both units and possibly a revision to both UMPs.”

“Unlike other intensive use area campgrounds in the Park, amenities such as bath houses, playgrounds, and paved drives are not ever going to be considered for the MRPCA. What is envisioned for the MRPCA is up to 150 roadside campsites along approximately 20 miles of roads through the MRPWF. These sites will have fire rings,pit privies and picnic tables as their only amenities. Some of these sites are relatively close to the road, while others are several hundred feet back and are accessed by short driveways. A majority of these sites will be comprised of existing sites, some fairly well separated from other sites and some clustered in small groups. This provides for a variety of camping opportunities depending on what users are seeking. Existing sites that are very close to the road may be relocated to a location that provides better screening or may be converted to parking areas with a walk‐in site located a short distance from the parking area. Any newly constructed sites will be located in a manner to provide vegetative screening between the site and the road.”

The confusing part of this comes into the fact these lands will be considered “Intensive Use”, which is essentially a symonym for “DEC Campground” in APLSMP. While few people read APLSMP, many people buy maps and go onto websites to figure out where they are going to camp.

Cascade Falls

Map makers, especially those not from the Adirondacks will likely fail to distinguish between the Moose River Plains Camping Area, and a more developed campground like that of DEC Campground Limekiln Lake, DEC Campground Eight Lake, or DEC Campground Indian Lake. Indeed, this what concerns the DEC in the MRPCA plan:

“Although use levels within the current MRPWF have been fairly stable for the past several years, the creation of a new area, even if only by name, may initially result in an increase in camping use of the area.”

“The creation of the MRPCA will create some challenges in educating the public as to what to expect within the area. As the area will not charge fees, nor will reservations be taken, users will be arriving at the area without the benefit of knowing what site they may be camping at. Users will need to drive through the area and locate a site that is suitable for their needs. In the unlikely case that no sites are available, users will need to be educated as to what alternatives exist in the general area. Providing information at the two entrance points, Cedar RiverFlow and Limekiln Lake, will be an important part of informing users of the type of opportunity available in the MRPCA. It will also provide an opportunity to provide information on alternative locations should the MRPCA not meet their expectations. Additional information will be made available on the Department’s website and inthe revised unit brochure for the MRPWF.”

If these changes make it to the DEC website it would be helpful…

Yet, we know the DEC often does not put important information on it’s website, and indeed it seems likely the Division of Operations which operates the Limekiln, Eight Lake, and Indian Lake Campgrounds would fight to avoid including a “free” camping area that could directly compete with their $25 a night sites, that offer only minimally nicer ammenities such as centralized trash dumpsters, flush toilets, and showers. Moose River Plains, if promoted by Division of Lands and Forest could canabalize the business of these other campsites.

Site 57 in the Plains

People will be in for a surpise if they come up here, looking for an established campground. Roadside campsites are spread out over 20 miles, people are often 30 miles from the nearest gas station. The roads are rough, they can be challenging in places to travel with a car. Without regular patrols and surrounded by vast Wild Forest and Wilderness on four sides, the possibility of people getting lost grows. Already, people get lost up here, but with additional promotion through the name change — and the attraction to those unfamiliar with the Adirondack tradition of roadside camping, it’s only asking for trouble.

Thunderstorm Coming to the Plains

The changes to the Moose River Wild Forest may be needed to keep the majority of the camping sites open and compatible with the APSLMP, but it seems as though converting Moose River Plains Road to Intensive Use, and indicating it on maps as such, only will lead to more confusion.

Only 31 Miles to Indian Lake

The state should instead admend the Adirondack Park Master Plan:

  1. Make existing “road-side” legacy campsites less then 1/4 mile separation legal.
  2. Require only new campsites that are developed to have the 1/4 mile separation.

What Happened to Ferris Lake and Wilcox Lake Unit Management Plans?

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What Happened to Ferris Lake and Wilcox Lake Unit Management Plans? The DEC released drafts and took public comment, yet never attempted to APA or Comissioner approval. The typical process for Unit Management Plans is:

  1. Conduct resource inventory of the unit area.
  2. Solicit written and verbal input from the public through press releases and meetings.
  3. Development of a draft plan and address State Environmental Quality Review (SEQRA) issues.
  4. Prepare a draft plan (for the APA to review in the Adirondack Park).
  5. Release draft UMP and conduct public hearings.
  6. Resolve issues, revise the plan (with APA review for compliance with the APSLMP).
  7. DEC Commissioner gives final approval and the UMP is adopted.

According to the DEC’s Unit Management Plans website, the following parcels of land in Adirondack Park had Draft Unit Management Plans and took public comment. The DEC got through Step 4 (Draft Plan and Public Comment), yet no final document was approved:

  • Ferris Lake Wild Forest – Public comment closed on December 2006
  • Wilcox Lake Wild Forest – Public comment closed on March 2007

Cascade Falls

These two parcels represent the two largest wild forests in the Southen Adirondacks, with the largest “developed” recreation facilities such as primative campsites, hiking and snowmobile trails. They are located within 30 miles of major interstate highways, namely the Thruway and Adirondack Northway.

Ferris Lake Wild Forest.

Bridge Over Wilcox Outlet

Wilcox Lake Wild Forest.

Susquehanna State Forest

The Adirondack State Land Master Plan describes Wild Forests as:

A wild forest area is an area where the resources permit a somewhat higher degree of human use than in wilderness, primitive or canoe areas, while retaining an essentially wild character. A wild forest area is further defined as an area that frequently lacks the sense of remoteness of wilderness, primitive or canoe areas and that permits a wide variety of outdoor recreation.

Those areas classified as wild forest are generally less fragile, ecologically, than the wilderness and primitive areas. Because the resources of these areas can withstand more human impact, these areas should accommodate much of the future use of the Adirondack forest preserve. The scenic attributes and the variety of uses to which these areas lend themselves provide a challenge to the recreation planner. Within constitutional constraints, those types of outdoor recreation that afford enjoyment without destroying the wild forest character or natural resource quality should be encouraged.

Many of these areas are under-utilized. For example the crescent of wild forest areas from Lewis County south and east through Old Forge, southern Hamilton and northern Fulton Counties and north and east to the Lake George vicinity can and should afford extensive outdoor recreation readily accessible from the primary east-west transportation and population axis of New York State.

Frame 27

It’s not totally clear why the Spitzer and Paterson administrations did not proceed to revise the plans and seek final approval by the DEC Commissioner. Some issues one can think of:

  • The issue of controversal proposed road closures under Section 212, especially in the Wilcox Lake UMP. Many residents expressed concerns over certain roads are hearings and comments.
  • The issue of road-side camping? Developed facilities shown in maps appear to be incompatible with the seperation guidelines of the APSLMP, especially along Route 8 in Wilcox Lake and Piesco-Powley Road in Ferris Lake?
  • The role of ATVs and off-road vehicles in the UMP — should they be allowed? How do they fit in the APSLMP? This was not proposed in the draft UMP, however many in the public have expressed support for such facilities.

Plains of East Canada Creek

It’s too bad that these issues can not be resolved in a way that all sides can agree on. Closing off the campsites and the roads would be a disappointing option, yet at some point the state really should approve a UMP as:

Without a UMP, the management of these Forest Preserve lands can easily become a series of uncoordinated reactions to immediate problems.  No new facility construction, designation, or major rehabilitation can be undertaken until a UMP is completed and approved, with current management limited to routine maintenance and emergency actions. A written plan stabilizes management despite changes in personnel and integrates related legislation, legal codes, rules and regulations, policies, and area specific information into a single reference document. Other benefits of the planning process that are valuable to the public include the development of area maps, fishing information handouts, and a greater awareness of recreational opportunities and needs within specific areas of the Adirondack Park. In view of tight budgets and competition for monetary resources, plans that clearly identify area needs have greater potential for securing necessary funding, legislative support, and public acceptance.

Let’s hope there can be some kind of compromise reached, so future facilities and investments can forward on these important pieces of land in the Southern Adirondacks.