glen lake ny dec

12″ 3. FPEIS IV and V. Therefore, a SEQRA balancing of needs, benefits and adverse impacts is triggered. See Lake George/Lake Champlain Regulations. Glen Lake is a lake that is located north of Glens Falls, New York. Staff has determined that the Applicant's proposed project is addressed by a Generic EIS, the Final Programmatic Environmental Impact Statement on Aquatic Vegetation Control Program of the New York State Department of Environmental Conservation, Division of Lands and Forests (reprinted March 1986; "FPEIS"). Thereby, the Applicant would avoid the need for a wetlands permit. Please contact the designating authority for A few commentators were neutral, and three commentors (the Intervenors identified below) opposed the permit application. Glen Lake is in the Town of Queensbury, Warren County. Maps are in pdf format. The stenographic record of the proceedings was received by the ALJ on September 5, 1997. Warren County Ice Fishing. A supplemental EIS is required to address SEQRA need and alternatives, including the no action alternative, Dr. Singer's offer of proof, the C-SLAP Report for Glen Lake, demonstration of necessity for the proposed pesticide treatment and to address other alternatives as applied to this site. The parties shall ensure that transmittal of all papers is made to me and all others on the service list at the same time and in the same manner as transmittal is made to the Commissioner. However, 6 NYCRR 327.3(b) recognizes that aquatic pesticide permits will be granted under such limitations as will protect to the greatest extent possible all terrestrial life, aquatic life other than aquatic vegetation intended to be controlled or eliminated and recreational water uses. 1340 State Route 9 Lake George, NY 12845. The legislature expressly has granted aquatic pesticide licensing authority to the Department in ECL 15-0313(4). Schroon Lake, Schroon River from Schroon Lake downstream to Starbuckville Dam: Trout. A Generic EIS may be used to assess the environmental impacts of an entire program or plan having wide application or restricting the range of future alternative policies or projects. The present action may have one or more significant adverse environmental impacts, as described in FPEIS IV and V, and by the Intervenors. This power authorizes the Department to regulate by permit, the introduction of toxic chemicals such as copper sulfate into the waters of the state. All languages. Further, the C-SLAP Report describes Glen Lake as having no significant recreational use impairment, due to favorable water clarity and little weed growth; and that recreational use of Glen Lake is at or close to optimal levels, due to water clarity high enough and weed growth low enough to support most lake uses. Lake conditions are dependent upon many dynamic factors, making assessment difficult. The ALJ granted party status to the Intervenors and remanded the matter to Staff for further processing, including preparation of a supplemental EIS pursuant to 6 NYCRR 617.10(d)(4). Further, the implied power to require an aquatic pesticide permit applicant to demonstrate the necessity of the proposed pesticide treatment, is an essential element of the Department's rational and meaningful exercise of this permitting authority in light of its mission to achieve its legislative mandate. grassy area with picnic tables and plasstic adirondack chairs scattered around. It is deemed accurate but is not guaranteed. Staff made a tentative determination that the proposed project will be in compliance with all applicable laws and regulations administered by the Department. Overabundant aquatic vegetation is aesthetically unpleasing to some, may interfere with effective and proper harvest of the fishery resources, and may interfere with other recreational activities... A need, therefore, exists for proper aquatic plant management to insure that the environment and man's interests are mutually protected." Yet, Staff states generally, and with respect to its review of this aquatic permit application, that a nuisance algal condition is a condition identified by the public. Appearing with counsel were Paul Derby, GLPA Board Member and Bill Sutfin, Certified Pesticide Applicator, Adirondax Service. Explore an array of Glen Lake, US vacation rentals, including houses, cabins & more bookable online. At the base of several of Intervenors' proposed issues is their contention that Staff failed to require this Applicant to demonstrate the necessity for use of copper sulfate in Glen Lake to control filamentous algae. Appearing with counsel were technical Staff, John Bennett and Brian Primeau, Pesticides Control Specialists. A particular administrative agency, in view of the nature, character, and extent of the powers reposed in it and the duties imposed upon it, may be deemed to possess implied powers necessary to discharge its implied functions. 7) This case is hereby remanded to Staff for further processing consistent with this ruling. These issues were also raised by Mr. Underwood in his petition. Tel: (518) 761-6410 Fax: (518) 761-6411 Email Planning 2, Initial Draft Permit). The Intervenors have raised substantive and significant issues regarding the sufficiency of the FPEIS. He has also identified fifteen species of phytoplanktonic (free floating) algae in the lake. Glen Lake: Trout. Portions of this page may require JavaScript to be enabled for your browser. 6 NYCRR 617.10(d)(4). English (33 ... Off the beaten path a bit & a lot better food that some of the other Glen Lake restaurants, minus the... view. Applicant asserts that Intervenors have failed to make such a demonstration, and therefore the Department must issue the permit. However, Intervenors assert that the Applicant's project is not consistent with the FPEIS because the Applicant has not demonstrated that the benefits of a copper sulfate pesticide treatment outweigh the environmental risks associated with such treatment in Glen Lake. Nor can compliance with the pesticide label does rate or permitted dose rate be assured. Administrative Law Judge But in those instances, health officials make a determination of necessity, balancing impacts to water quality with public need for potable water supply. LISTING BY: HOWARD HANNA. We are encouraged to head out to any of the area’s great (and some underrated!) Therefore, the focus of lake management is to stay at the same place on the trophic continuum. On the other hand, the Applicant's contention is that the proper registration of the pesticide for use in New York State is presumptive evidence that the use will have no adverse environmental impacts when applied according to the manufacturer's label instructions. Proceedings. Warren/Hamilton Counties Planning & Community Development. The ALJ concluded that implied power to require the aquatic pesticide permit applicant to demonstrate the necessity of the proposed pesticide treatment is an essential element of the Department's rational and meaningful exercise of this permitting authority under ECL 15-0313(4). Consequently, the project under review is that project proposed by The Applicant's March 1, 1997 permit application -- i.e., limited to filamentous algae as the type of vegetation to be controlled. ... (Dec 17) 241 Clendon Brook Rd, Queensbury, NY 12804. Rent a whole home for your next weekend or holiday. Be one of the first to write a review! The Applicant rejected this offer of settlement by letter dated October 17, 1997, stating that "[t]he Applicant cannot agree to be bound by the recommendations of persons, however knowledgeable about lake quality, that do not live on Glen Lake.". Regarding potential impacts on trout, during the issues conference the Applicant volunteered to coordinate timing of any authorized copper sulfate treatment to avoid the time period when Staff intends to stock Glen Lake and also to avoid spawning periods, provided the treatment can occur prior to Independence Day weekend. Lake George’s varied habitat supports excellent populations of both cold and warmwater fish. At the same time, Applicant may revise its permit application to include other target organisms in addition to filamentous algae, if Applicant wishes to do so. (Emphasis supplied); FPEIS at 2. Trout waters where ice fishing is permitted are identified here. It was Saturday night so we excpected a wait - which we got - but that was OK. Big Upstate NY bass: Readers share their eye-opening photos Tom Smith with a huge largemouth bass he caught and released recently on Glen Lake in … In ECL 15-0313(4), the legislature has expressly granted power to the Department by statute to issue aquatic pesticide permits, including power to place limitations on such permits. New York State Department of Environmental Conservation Division of Fish, Wildlife and Marine Resources Lake Map Series Region 5 Glen Lake 10' 20' 40' 30' 50' Not For Use in Navigation Glen Lake County: Warren Size: 319 Acres Fish Species Present: Yellow Perch, Brown Bullhead, Forgot our waiter’s name but he made us comfortable and was very helpful with making our small kids happy. Therefore, Intervenors conclude that the environmental risks are too great. Use of copper sulfate pesticide to control algae in lakes, results in accumulation of copper in the bottom sediments. For an alphabetized listing of available contour lake maps, click on the appropriate county of interest listed below. Glen Lake Apartments is a mixed-income, mixed-use new construction project located one block from downtown and walkable to the picturesque waterfront in the Village of Watkins Glen. C-SLAP Report, Interpretative Summary, page 2. 6) Further, regarding future review of aquatic pesticide permit applications, Department Staff should modify its review consistent with this ruling - - that is, assure the applicant has provided factual information demonstrating the necessity of the proposed pesticide use and evaluated site specific alternatives to the proposed pesticide treatment. This process would be repeated for each additional area. 8 Glen Lake Rd, Queensbury, NY 12845-3422 +1 518-281-6369. Only about 15 percent will get fish before the season opener – primarily in the Hudson Valley and parts of Western New York. Further, the Report states that recreational use of Glen Lake is at or close to optimal levels, due to water clarity high enough and weed growth low enough to support most lake uses. Clearly, power to require an applicant to demonstrate necessity for the proposed pesticide treatment is so essential to the Department's exercise of the permitting power expressly conferred, as plainly to appear to have been within the intention of the legislature. Eutrophic lakes are characterized by high biological productivity and low clarity; lakes that are mesotrophic have intermediate or moderate productivity and clarity. In the context of other statutory and regulatory authority, it is framed as Staff's role in review of aquatic pesticide permit applications under ECL 15-0313(4). References 6 NYCRR 624.4(c)(6)(i)(a). Please use a JavaScript enabled browser in order to access the full functionality of this site. 5. Your browser does not support JavaScript! However, Intervenors assert that no balancing can occur in this instance because Applicant has not established the necessity for use of copper sulfate in Glen Lake. Immediately following the legislative hearing, an issues conference was held at the same location. Nonetheless, following the issues conference the Applicant, while reserving it rights, has demonstrated the existence of filamentous algae in Glen Lake through its Algae Survey, and asserts that nothing further is required. He also reported other algal species typical of what he characterized as moderately productive lake waters. 6 NYCRR 617.10(d)(1). Clearly, such implied authority is not merely convenient to the Department's achieving its legislative mandate, but is a necessary power. This omission in Staff's review of the permit application renders Staff's tentative determination defective, both under SEQRA and under ECL 15-0313(4) and related statutory and regulatory provisions, because Staff improperly accepted non-expert citizen opinion as sufficient to establish the existence of nuisance filamentous algae in Glen Lake. The deadline for receipt of filings for party status was August 7, 1997. In so doing, the Legislature has delegated specific powers to the Department to promote and coordinate management of water, land and fish, to assure their protection, enhancement and balanced utilization, and take into account the cumulative impact upon such resources in making any determination in connection with any permit (ECL 3-0301(1)(b)); provide for the protection and management of marine and coastal resources and of wetlands and shorelines (ECL 3-0301(1)(e)); encourage residential and community development which maximizes environmental benefits and minimizes the effects of less desirable environmental conditions (ECL 3-0301(1)(g)); provide for prevention and abatement of all water pollution (ECL 3-0301(1)(I)); and promote control of aquatic growth and regulate herbicides (ECL 3-0301(1)(k)). All year. Issuance of the permit would not comply with 6 NYCRR 327.4(b)(5) regarding trout fisheries. Therefore, Intervenors conclude that Staff erred in determining this the project will be in compliance with all applicable laws and regulations administered by the Department. Such a pesticide treatment would negatively impact the purity and quality of the waters of the state, constituting an unreasonable disturbance and defilement of such waters contrary to ECL 15-0105(7)For example, cooper sulfate pesticide may be used in public water supplies. Nevertheless, although a wetland permit is necessary for the project as proposed, Staff would likely approve such a permit application based upon Staff's review of the existing materials filed as part of the aquatic pesticide permit application (including the supplemental materials submitted during this proceeding). It is deemed accurate but is not guaranteed. Tel: (518) 761-6410 Fax: (518) 761-6411 Email Planning These commentors described perceived declining water quality as generally affecting quality of life for Glen Lake riparian users, and specifically affecting such lake uses as swimming and boating. Dr. Singer further concludes that copper sulfate is the wrong treatment for Glen Lake; due to the short term effectiveness of copper sulfate, its use will commit the Applicant to a regular treatment cycle that will result in future adverse environmental impacts. 3) Intervenors have raised a substantive and significant issue regarding an omission in Staff's review of alternatives and need for this proposed aquatic pesticide treatment - - both under SEQRA and under ECL 15-0313(4). ... (Dec 17) 241 Clendon Brook Rd, Queensbury, NY 12804. Staff continues to assert that the Applicant's project will comply with all statutory and regulatory requirements. Do not treat more than one-half of a lake or pond at one time in order to avoid depletion of oxygen from decaying vegetation. The range of alternatives must include the no action alternative. To conclude otherwise would reduce the Department's aquatic pesticide permit review to a mechanistic approval process, based upon the fact that pesticide is registered for use in the state. Lake George was created at the end of the last ice age when glacial deposits dammed up two ancient rivers that flowed through the valley. located in the Town of Queensbury, Warren County, New York. However, in CBC Realty, the applicant demonstrated the necessity for the proposed copper sulfate treatment to waters of the state through photographic documentation. Located within Ontario, Yates, Seneca, and Schuyler counties, Seneca Lake lies in the geographic center of the Finger Lakes. read more. Post-hearing filings were received by the ALJ through October 31, 1997. Following the August 14, 1997 issues conference, several supplemental filings were made by the parties. In CBC Realty, the applicant recognized its fundamental obligation to establish the necessity of the proposed aquatic pesticide treatment, and did so in its aquatic permit application.

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