ENB - REGION 6 NOTICES

Completed Applications
Consolidated SPDES Renewals

Negative Declaration

Permit(s) Applied For: Pursuant to 9 NYCRR Part 572.23 and the Freshwater Wetlands Act (ECL Article 24)

DEC Regions: 5 and 6

Lead Agency: Adirondack Park Agency

Counties: All or portions of the following within the Adirondack Park Blue Line: St.Lawrence, Essex, Oneida, Lewis, Clinton, Franklin, Herkimer, Hamilton, Warren, Saratoga, Washington and Fulton

Project Title: General Permit for “Certain Minor Regulated Activities by NYS DEC in APA-Jurisdictional Freshwater Wetlands”

General Permit Number: 2005G-1

Brief Project Description: The Adirondack Park Agency (APA) proposes to provide a simplified process for the New York State Department of Environmental Conservation to obtain a permit, on conditions, for certain regulated minor activities occurring on State land, in APA-regulated wetlands or in adjacent areas where the activities could substantially impair regulated wetlands. This general permit, if approved, will be in effect for a four-year period.

In order to utilize this general permit, the Department must submit a completed and signed State Land Jurisdictional Inquiry Form and Application for Wetlands General Permit. Agency staff will review the application for completeness, conduct a site visit and determine if the proposed project meets the terms and conditions of this general permit. If approvable, authorized APA representatives will sign and return to the Department the Application and Certification form. The applicant may not begin regulated activities until the Agency signed permit has been received.

Regulated Activities Subject to this General Permit

This general permit authorizes, on conditions, the following regulated activities occurring in APA-regulated wetlands or in adjacent areas where the activities could substantially impair regulated wetlands:

1. New wetland filling of less than 200 square feet in size associated with any of the trail treatments as described in the document, “Trail Construction and Maintenance Manual, NYS DEC, Division of Operations”, except for cribbing, rock tread or trail turnpiking.

2. New wetland filling of less than 100 square feet associated with rock or timber cribbing, rock tread or trail turnpiking as described in the above referenced trail manual.

3. Construction of new or replacement bridges across streams where the new timber and/or rock crib abutments have a combined footprint of less than 150 square feet per bridge located in or adjacent to wetlands and the abutments are located above the mean high water mark.

4. Installation of new culverts or extension of existing culverts where the total amount of new fill in wetlands will be no more than a total of 40 square feet per culvert installation.

5. Construction of ditches or swales disturbing more than 100 square feet and less than 200 square feet of wetlands.

6. Construction of wildlife viewing platforms or fishing piers constructed on rock-filled cribbing or piles and which are less than 100 square feet in size in wetlands.

7. Minor modifications to existing fish barrier structures in or affecting contiguous wetlands resulting in less than a 6 inch increase or decrease in water depth upstream of the barrier and undertaken at a time of year that does not adversely affect wildlife or fish resources.

8. Minor trail relocation where presently impacted wetlands will be restored and, in the case where the relocation will occur in another portion of the wetland, will serve as adequate compensatory mitigation resulting in a net reduction in wetland impacts.

9. Maintenance, rehabilitation, or removal of existing conforming shoreline erosion control structures of 200 square feet or less in area in or involving wetlands so long as shoreline integrity is maintained in the case of removal. Bio-engineered techniques shall be favored.

10. Replacement or repair of existing or installation of new conforming underground utilities through wetlands with no permanent fill in or loss of wetlands. Installation activities may include placement of suitable clean soil or stone for backfill or bedding of the utility lines. Authorized utility lines include: pipes or pipelines for the transportation of gaseous, liquid or slurry substances; or any cable, line, fiberoptics or wire for the transmission of electrical energy, telephone or radio communications. This permit only authorizes temporary construction disturbance and restoration of the wetland.

11. Installation of temporary work pads or construction access, or water control structures through wetlands with no permanent fill. This permit only authorizes temporary construction disturbance generally lasting no more than one construction season and restoration of the wetland.

12. Temporary grading and filling in wetlands associated with access for survey and exploratory activities with no permanent fill. This permit only authorizes temporary construction disturbance and restoration of the wetland. Survey and/or exploratory activities include: instrument survey, archaeological and paleontological surveys, seismic operations, soil sampling and other similar exploratory-type activities. The survey and exploratory activities themselves are non-jurisdictional.

Regulated Wetland Activities Not Requiring Further APA Permitting

The following activities involving wetlands are jurisdictional and may be undertaken without further Agency permitting provided they are undertaken in conformance with the general conditions found in General Permit “APA Combined DEC State Land Jurisdictional Inquiry Form and Application For General Permit 2005G-1”:

Installation of new conforming elements or less than 25% expansions of existing conforming elements involving less than 100 square feet of new wetland fill at each site:

The above activities must be determined to be APSLMP-compliant or listed in an approved UMP prior to their commencement.

Eligibility Criteria:

Upon office and/or field verification, the proposed activity must be determined by APA staff to:

a. be consistent with the information contained in the application;

b. be consistent with the guidelines and criteria of the State Land Master Plan and the pertinent Unit Management Plan;

c. not have been partially or wholly undertaken;

d. not require additional detailed engineering or environmental studies to more fully demonstrate no undue adverse impacts on important wetland resources of the Park;

e. not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Park or upon the ability of the public to provide supporting facilities and services made necessary by the project, taking into account the economic and social benefits that might be derived therefrom;

f. not adversely affect historic or archeological resources or rare, threatened or endangered species; and,

g. be capable of meeting the conditions contained within this General Permit and as stated in “Section C - Conditions” of the Application and Certification form.

JURISDICTION

Any filling, dredging or excavation in APA-jurisdictional wetlands or any other activity which substantially impairs the functions of or benefits derived from freshwater wetlands, including activities in areas adjacent to wetlands, within the Adirondack Park is subject to Agency jurisdiction as a regulated activity under the Freshwater Wetlands Act and 9 NYCRR Part 578.3(n)(1) and(2) and requires an Agency permit.

PROJECT IMPACTS

The Agency's technical staff have concluded that temporary filling or disturbance of wetlands with restoration or minor permanent fills with compensatory wetland mitigation as approved by Agency staff in accordance with the terms and conditions of this general permit will not result in undue adverse impacts on Park resources, will not substantially impair the functions served by or the benefits derived from said wetlands, and will provide other social or economic benefits from the activity.

STATE ENVIRONMENTAL QUALITY REVIEW ACT

This action is a SEQRA, Type 1 action. A negative declaration and Full Environmental Assessment Form has been prepared by the Agency and is on file at its offices in Ray Brook, New York. The SEQRA process has been completed.

Land Use Classification: all State land classifications within the Adirondack Park subject to State Land Master Plan or Unit Management Plan guidelines for management use.

Project Locations: State lands subject to State Land Master Plan or Unit Management Plan guidelines for management use.

Contact Person For Project:
Mark E. Sengenberger
APA, Deputy Director, Regulatory Programs
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891-4050
Fax: (518) 891-3938
E-mail: mesengen@gw.dec.state.ny.us

For Adirondack Park Agency: Comment Period ends: March 31, 2005