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ENB - Region 5 Notices 2/23/2011

Adirondack Park Agency Completed Applications

County: Franklin, Lewis and St. Lawrence

Applicant: Heartwood Forestland Fund, III, LP

Office: Adirondack Park Agency (APA)
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891-4050, ext. 207

APA Contact: Colleen C. Parker

APA Project Number: 2010-0298

Project Title: Heartwood Forestland Fund, III, LP

Location: Towns of Clare, Clifton, Hopkinton, Croghan, Watson, Duane, Santa Clara, and Waverly, New York.

For Adirondack Park Agency: Comment Period Ends: March 10, 2011

Project Description: The action involves:

• Proposal for Modification of Permit 98-313 to allow retention of up to 220 hunt club camps (hunting and fishing cabins) on conservation easement lands. Heartwood as applicant seeks to modify Agency Permit 98-313 by changing the portion of finding of fact 7 (page 12, second full paragraph) which presently describes the 1999 proposal for removal of all hunt club camps on the conservation easement lands (referred to as a portion of the former "Champion lands" consisting of three large tracts totaling 110,000 ± acres located in Franklin County Towns of Duane, Santa Clara and Waverly; St. Lawrence County Towns of Clare, Clifton and Hopkinton; and Lewis County Towns of Croghan and Watson at the end of a fifteen year period (2014). Instead of removing the camps, Heartwood now requests authorization to allow up to 220 camps to remain permanently on the easement lands, with one acre envelopes to be associated with each camp. (There are currently 208 existing camps and Heartwood seeks to add up to 12 additional ones, to result in a total of 220 camps.) Likely, any permit amendment issued will require at minimum that no future camps shall be constructed on the project site without first obtaining a jurisdictional determination from the Agency to determine if those future camps independently trigger permit jurisdiction and if so then obtain the required permit. All of the camps are subject to existing licenses between Heartwood and various hunt clubs, and are intended to be designed and used so as to continue to constitute "hunting and fishing cabins" under the APA Act; while the majority of camps are less than 500 square feet in size and did not trigger APA permit jurisdiction, certain camps exceeded that size or due to their location in critical environmental areas or river areas required Adirondack Park Agency review. Thus the current amendment proposal also involves:

• Seeking APA approval after-the-fact for 33 camps - Applicant seeks APA approval after-the-fact for 33 existing hunt club camps (most triggered permit jurisdiction due to their status as post-August 1, 1973 greater than 500 square foot hunting and fishing cabins (section 810(2)(d)[4] of the APA Act) or greater-than-25% expansions of same (sections 810(2)(d)(4) and 12) and some due to their location in a critical environmental area (highway corridor) [section 810(1)(e)or (d)] or river area (9 NYCRR 577.5)], all as listed in the Modified Settlement Agreement for E99-025 dated December 2, 2010.

• Modified Settlement Agreement - The applicant's proposal also involves remediation of various items of noncompliance identified in the recently signed December 2, 2010 Settlement Agreement Modification (E99-025) related to certain of the approximately 45 hunt club camp sites including seeking after-the-fact approval for the 33 camps and completion of other remediation described in that revised settlement agreement. Remediation of certain nonconforming camps and structures (such as relocation, removal or modification of structures) is further described in and required by the Settlement Agreement Modification. Compliance with that agreement will be treated separately in accordance with the terms set forth in that agreement. The 2010 agreement modified the earlier 1999 Settlement Agreement (between Champion International Corporation, Champion Realty Corporation, The Forestland Group, LLC, DEC and APA) and allowed the applicant to apply for an Agency permit authorizing the new proposal for up to 220 camps to remain permanently on the easement lands, with one acre envelopes to be associated with each camp.

• Modification of previously approved parcel known as investment tract S-4. Applicant seeks to modify the previous authorization in Permit 98-313 for a 4,665 ± acre S-4 investment tract parcel to allow conveyance to the State of an easterly portion (northeast of Deer River, Towns of Santa Clara and Duane) consisting of a 2,145 acre tract.


County: Franklin

Applicant: Barbara Foley
83 County Route 55
Saranac Lake, NY 12983

Office: Adirondack Park Agency (APA)
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891-4050, ext. 207

APA Contact: Holly Kneeshaw

APA Project Number: 2011-0026

Project Title: Barbara Foley

Location: 83 County Route 55 in Saranac Lake, New York.

For Adirondack Park Agency: Comment Period Ends: March 10, 2011

Project Description: The action involves an after-the-fact permit for a commercial use restaurant.


Notice of Acceptance of Draft EIS and Public Hearing

Warren County - The Town Board of Lake Luzerne, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Mont Luzerne Planned Development District. A public hearing on the Draft EIS will be held on March 10 2011 at 11:00 a.m. and 7:00 p.m. and on March 12, 2011 at 11:00 a.m. at the Lake Luzerne Town Hall, 539 Lake Avenue, Lake Luzerne, NY 12846. Written comments on the Draft EIS will be accepted until March 25, 2011. The Draft EIS is available at the Lake Luzerne Town Hall, 539 Lake Avenue, Lake Luzerne; the Hadley-Luzerne Library, Main Street, Lake Luzerne and on line at: www.townoflakeluzerne.com.

The action involves the rezoning to Planned Development District along with site plan/subdivision approval for 2,181 ± acres to allow for development of up to 2,400 dwelling units, a hotel, and retail/commercial uses to be developed in 9 phases over 25-30 years. The project is located south of Glens Falls Mountain Road, north of Call Street and east of Ralph Road in the Town of Lake Luzerne, New York.

Contact: Eugene Merlino, Town of Lake Luzerne, 539 Lake Avenue, Lake Luzerne, NY 12846, Phone: (518) 596-2711, E-mail: supervisorlakeluzerne@hotmail.com.


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