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Abandoning Existing Roads in Essex Chain Tract Makes No Sense

Andy | October 14, 2013

There are some wilderness advocates in our state that are calling for abandoning of existing roads in the Essex Chain tract to create an expanded Hudson Gorge Wilderness-area. Their argument is that by closing off these roads to all uses except foot traffic, it’s an opportunity to create yet another wilderness area in the Adirondacks – as if there was a shortage of wilderness areas.

The Proposals.

Here is the vision of the towns, where they propose to keep most of the existing roads open for low-speed motor vehicle travel.

The DEC in contrast is proposing to limit most of the existing dirt roads to hiking, mountain bikes, and snowmobiles, but also preserves access to the Hudson River, Cedar River, and Essex Tract within a 1/4 mile buffer. The buffer is designed so that people on the lakes can’t hear or see motor vehicles, which could compromise their experience.

This is the proposal that the wilderness advocates. Not much access to the lakes, and a banning of mountain bikes and snowmobiles from existing roads.

Why It’s Important to Protect Public Access.

Low-speed motor vehicle roads are an important to making the back-country accessible and widely available. The reality is relatively few people use our public wild spaces, with most people preferring to staying within the comfort of the cities and suburbs, with cable television, high speed internet, wash tubs, and flush toilets. It’s important to encourage public use of our lands, to create a constituency to protect these lands for future use.

Nobody is arguing for a widening or expansion of the Essex Chain tract roads. This would be constitutionally prohibited, and could detract from these wonderful lands. Nobody is arguing for blacktop pavement, flush toilets, water fountains, or developed campsites. In contrast, any use of these of these lands would be primitive, with facilities limited to dirt seasonal-use roads, outhouses, and designated campsites that have only natural-stone fireplaces. Even so-called roadside campsites, would have little more then a place to park a vehicle, a fire ring made of local stone and maybe an outhouse. Picnic tables are generally not allowed in wild forest areas.

Even with the existing dirt roads, the only people who would drive miles back into the woods would be people who don’t mind getting dirty, and want to go canoe, fish, hike, hunt, or camp in a wild setting. Fears of overuse are well overblown, because there are many other wild forest areas – with roads, campsites, trails, and minimal development – that get light use at best.

Fracking, Grazing, Timbering Important to Our Public Lands

Andy | September 14, 2013

In nearly every place in America, rural or urban, you can turn on your car radio and tune into one of 50 or more radio stations on the AM or FM band. The radio frequencies are publicly owned, but the radio stations are private businesses that lease their frequencies from the government, and provide the public with the benefit of a constant stream of music, talk, or other programming. Radio stations derive their revenue mostly from advertising or “underwriting messages”, with only a small portion of non-profit stations coming from the government or donors.

Most people agree this arrangement works pretty good. Yes, we all tire of the constant barrage of advertising for DWI lawyers and car dealers, but accept this advertising as part of deal when it comes to listening to free over-the-air radio. For most part it’s a good deal, and if we don’t want to listen to the advertising, we can just change the channel and find another station playing the tunes we like.

Our public lands are similar. Most public lands are free for the public to use for recreational purposes, such as camping, fishing, hunting, hiking, mountain biking, snowmobiling, riding ATVs, or even scenic driving along dirt roads. These lands derive much if not most of their revenue from timber sales, grazing leases, and sales of mineral rights. The state and federal government uses sells resources on public land to pay for its recreational uses, while also benefiting the public by providing access to needed resources as at an affordable price.

Public land resource sales are governed by strict regulations relating to their siting, process, and restoration process. A company that wants to drill for oil or gas, must have a plan and bond posted to restore the site to original condition once the extraction has concluded. Timber harvest must occur in a way that protects water resources, and provides for reseeding of the trees, so new trees grow up and replace the harvested trees. Impacts of resource sales are to be temporary on the public’s use and enjoyment of the resources.

There should be a small number of areas where wilderness areas should be designated to prohibit most extractive use of public lands. These lands are paid entirely from general tax revenue. There should also be intensive use parks, that are fully developed with picnic tables, flush toilets, playgrounds, and swimming pools, in small portions of public lands. These are generally paid through user fees, collected at toll booths at entrance, and general tax revenues.

But for the vast bulk of our public lands should be free-to-recreate with the balance of income for facilities coming from the responsible extraction of resources by private for-profit corporations. That means, much like advertising on the radio, the regulated cutting of timber, the drilling for oil and gas, and the grazing of cattle, are just part of what we must accept for wonderful, large, essentially wild spaces where the public can use for recreation with minimal constraint or cost.

“Where conflicting interests must be reconciled, the question shall always be answered from the standpoint of the greatest good of the greatest number in the long run.”

~ Secretary of Agriculture James Wilson (1905)

WINONA STATE FOREST UMP

Andy | July 16, 2013

Senior Forester Ed Sykes
NYS Department of Environmental Conservation, Region 6
7327 State Route 812
Lowville, NY 13367

July 15, 2013

Dear Mr. Sykes:

RE: WINONA STATE FOREST UMP

The Draft Winona State Forest UMP appears to be incorrect as it relates to the Facilities Inventory, subsection “Designated Campsites” on page 24:

There are three designated campsites on Winona, and their locations are as follows:

• Co. Rte. 90, 0.1 mile east of the intersection of Brown and Co Rt. 90;

• On Bargy Rd., 0.3 mile south of CCC Camp;

• On Tucker Rd., 0.4 mile east of the intersection of Bargy and Tucker Road

Based on my casual inspection of these locations, I was unable to locate these campsites. It is possible that these sites have not been mowed, reverted to woods, and/or do not have the required “Camp Here” disks pursuant to NYCRR 6 Part 190.

There is however, one relatively well-used campsite near GPS location N 43.69528 W 75.97681. This site is located roughly 300 feet south of the intersection of Bargy Road and Dog Leg Trail. It is indicated by a “Camp Here” disk, and is consists of a stone fire ring, and a hardened-with-gravel camping pad.

Many traveling New Yorkers enjoy having drive-to, “road-side campsites”, that provide minimal facilities but allow one to camp there with a pickup truck with a camper top, or a small-tow along camper, such a pop-up or tear-drop camper. Likewise, people with families appreciate being able to pull into a campsite, set up a tent, without having to carry it back to the woods. In the western Tug Hill Plateau, this is the only location that offers this essentially primitive-style camping.

The DEC should designate five (5) roadside campsites along the various roads in Winona State Forest.

These campsites should follow the design of roadside campsites in the Adirondack Park, e.g.

all campsites should be at least a quarter mile apart (at least out of eye-shot/ear-shot each other),

be properly designated with “Camp Here” disks,
set back at least 150 ft from water, trails, and other facilities; and
consist of a gravel-hardened pull off with shading from the road, and a small stone-fire ring.
No other facilities should be a provided, except for outhouses, as decided based on usage.

Standard policies under NYCRR 6 Part 190, such as requiring a camping permit for stays longer then 3 nights, should apply.

DEC operations staff should be instructed to occasionally maintain the campsites, such as mowing and litter removal, similar to what is currently done along roadsides and in parking/assembly areas. DEC Forest Rangers and law enforcement should also occasionally patrol the area, especially on Friday evenings in May and June, to discourage littering and abuse by young adults during the end of school year.

Finally, the DEC Forester should GPS the location of such campsites. and provide such data to the centralized DEC Maintenance Management System (MMS) in Albany, and provide campsite locations on maps and informational kiosks.

Many people choose roadside camping over state and private campgrounds, or primitive camping the backcountry on undesigned and undeveloped sites. Many like the privacy of roadside camping, the social nature of it, the ability to listen to music without disturbing others in the close-proximity conditions that exist in state campgrounds. By expanding roadside camping opportunities on this state land, it will expand the use of these lands in summer months.

Winona State Forest offers a lot to the visitor, including miles of hiking, mountain biking, and horse trails. The miles of roads provide scenic driving, and access to the interior forest for hunting and nature observation. The forest is a short drive to Salmon River Reservoir and Lakeview Marsh WMA which offer fishing, boating, and other opportunities. Expanding camping opportunities will enhance the public’s use of this area.

Thank you for reviewing these comments. I look forward to reviewing the revised draft Winona UMP.

Sincerely,

Andy Arthur

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

Andy | July 15, 2013

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.”

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).

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

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.

Is the Adirondack Park Overused?

Andy | May 17, 2013

A frequent claim by wilderness advocates, is that the Adirondack Park is overused, growing in popularity, and that our natural resources are endanger of overuse and destruction. An alternative claim is that while that many parts of the Adirondack Park is underused today, in the near future, the Adirondack Park will become more drastically more popular due to cities suffering from the impacts of climate change and pollution.

Both my personal observation, and that of the Adirondack State Land Master Pland seem to point in the opposite direction — the Adirondack Park is underused and unpopular except for a few selected areas that have gotten a lot of media attention and a lot of hype and publicity over the years.

This text is from the Adirondack State Land Master Plan, Guidelines for Management and Use:

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.

The Department of Environmental Conservation, as ratified by Adirondack Park Agency, if of the opinion that most Wild Forests are underused in the Adirondack, and there is not a crisis demanding greater restrictions or the need to convert wild forest tracts over to wilderness.

When you go to the Bethlehem Library, they have a series of maps for the “Wilderness” areas of the Adirondack Park. But no such maps exist for the “Wild Forest” areas. Indeed, in many ways, the Wild Forest area, bar a few very popular (but small) camping areas and popular summits, the “Wild Forest” system is under-utilized, especially compared to the 1960s and 1970s, when camping and outdoor recreation of all sorts reached a pinnacle. Today, more people are choosing their Big Screen Television over outdoor pursuits.

Even on holiday weekends, you do not see crowds of people going to Adirondacks, except to certain specific locations that are particularly popular, like the most famous summits and waterways. But in most places, the wild forest and wilderness is pretty quiet, with only the occassional person passing through, with minimal conflict or interference between hikers.

Hiking Lyon Mountain

Andy | October 16, 2012

Last October I went for a hike up Lyon Mountain. The first 3/4 of a mile you can drive up to the parking lot, then from there, it’s a two mile hike to the summit, or about 3 miles if you take the new trail.

The old trail, following an old woods road is eroded and rough in places, but it well traveled as it much shorter. The new trail, being so twisty is not as well traveled, but it is far less steep and tends to be less wet in the spring time.

Heading up from the parking area, the first part of the trail follows the old trails route, before swinging left near a registration kiosk.

It was very colorful along the new trail as all the maples where at about peak color going up the mountain.

I decided to switch over from the new trail to the old trail, once I reached the point where the trails reached their closest point at the midpoint up the mountain.

As you get about 2/3rds the way up the mountain, you can look back and see Lake Chazy.

The old trail certainly is eroded and in rough sape in some parts. You can understand why they re-routed it.

Ah, finally see the fire tower.

Hazy day, but there’s Lake Chazy and the farms along it.

Wind turbines of the Chazy Highlands…

Lyon Mountain is a popular hike, as seen by all the hikers on the ledge.

Why Jones Pond is One of My Favorite Campsites

Andy | September 16, 2012

Jones Pond has 5 drive-in campsites on Jones Pond, a small public-private lake a little ways from Paul Smiths. A popular area on weekends, on weeknights, it is little used, but right on this beautiful lake.

View Larger Map

All of the campsites have “filtered” views of Jones Pond with tall white pines growing throughout the campground. The sun, year round sets on the lake, with views of Saint Regis Mountain te background. There is much beauty at all of campsites, with high sand dunes a little ways behind campsites, and sand dunes providing sound and light barriers between campsites.

Part of the generalized St Regis Canoe Area, it one of many nearby lakes. It provides a great place to make the night after a long day paddling, after watching the sunset, and the fire burn as the night progresses. Walk down to the shoreline, and look at the stars sparkle in the sky.

It’s not perfect. There is some road noise from Jones Pond Road, and certainly part of lake shore is privately owned, so there are some power boats occassionally on the lake. But still, it’s a wonderful experience.