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ENB - Region 6 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: St. Lawrence

Applicant: Pieter Visscher

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

APA Contact: Ariel Diggory

APA Project Number: 2010-299

Project Title: Pieter Visscher

Location: Fourth Street in Wanakena, Town of Fine, New York.

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

Project Description: Construction of a single-family dwelling and installation of an on-site wastewater treatment system within 100 feet of wetlands.

Negative Declaration

Herkimer County - The Town Board of the Town of Stark, as Lead Agency, has determined that the proposed Community of Van Hornesville - Water System Improvements Project will not have a significant adverse environmental impact. This action involves creation of a Town Water District, replacement of the Community's existing water distribution system, construction of a new water storage tank, and construction of a new Water Treatment Facility that will address the Community's source water GWUDI designation. The project will be located throughout the Community of Van Hornesville.

Contact: Richard Bronner, Town of Stark, P.O. Box 45, Van Hornesville, NY 13475, Phone: (315) 858-1467, E-Mail: rbronner@ntcnet.com.

Jefferson County - The Town Board of the Town of Clayton, as lead agency, has determined that the proposed Town of Clayton Amendment to Zoning Ordinance and Map will not have a significant adverse environmental impact. The action involves an amendment to the Town of Clayton Zoning Ordinance and Map to change the zoning designation of approximately 25 acres of land located in the vicinity of Spicer Bay, east and west of May Irwin Road and north of New York State Route 12 from Marine Residential to Marine Development. The project is located in the Town of Clayton, New York.

Contact: Justin A. Taylor, Town of Clayton, 405 Riverside Drive, Clayton, NY 13624.

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