For Immediate Release: March 5, 2014
Contact:
Keith P. McKeever | Public Relations | Adirondack Park Agency
contact@apa.ny.gov | (518) 891-4050
RAY BROOK, NY - The Adirondack Park Agency (APA) is seeking public comment on proposed general permit 2014-G2 entitled "Access to and Replacement of Utility Poles in Wetlands." The draft general permit updates and replaces existing practices allowed under General Permit P2002G-3AAR. The draft general permit would expedite APA approval for qualifying activities.
The APA will accept public comments until March 28, 2014.
The General Permit 2014-G2 application and APA Board Resolution and Order are available for download from the Agency's website www.apa.ny.gov.
NOTICE OF PROPOSED GENERAL PERMIT 2014G-2
DESCRIPTION
The Adirondack Park Agency is proposing General Permit 2014G-2 to authorize municipal utility companies to access and replace utility poles in wetlands and/or the establishment of temporary structures in wetlands to access utility poles in the Adirondack Park. The general permit will only apply where:
- The sole basis of Agency jurisdiction on the project site is fill or substantial impairment to the functions and values of a wetland incidental to the replacement of a utility pole or the establishment of a temporary structure for access to a utility pole;
- The replacement pole will be located within the existing utility company right-of-way or fee ownership;
- The project will not result in an increase in the number of utility poles in wetlands; and
- The project will be undertaken by a regional or municipal utility company.
This General Permit will contain conditions to ensure that the access to and replacement of utility poles will not adversely impact wetlands.
General Permit 2014G-2 will apply throughout the Adirondack Park and will be effective for three years unless revoked or modified by the Agency.
JURISDICTION
Pursuant to Article 24 of the Environmental Conservation Law (the Freshwater Wetlands Act), Executive Law §§ 809(2)(a) and 810(1) (the Adirondack Park Agency Act), and 9 NYCRR §§ 570.2, 578.2(a), and 578.3(n)(1) and (2), within the Adirondack Park, any form of filling or any other activity that substantially impairs the functions served by or the benefits derived from freshwater wetlands is a "regulated activity" requiring a permit from the Agency. Replacing utility poles in wetlands when stone ballast is added to the new hole and placing temporary structures such as bog matting in wetlands constitute fill, and may also substantially impair the functions and values of wetlands.
PROJECT IMPACTS
Agency staff have determined that all activities authorized under this General Permit and undertaken as authorized:
- will meet the criteria for approval established in Executive Law § 809; and
- will secure the natural benefits of wetlands consistent with the general welfare and beneficial economic, social, and agricultural development of the state.
STATE ENVIRONMENTAL QUALITY REVIEW ACT
Approval of a General Permit by the Agency 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.
AGENCY AND PUBLIC COMMENTS
All persons and agencies are invited to comment on this proposed General Permit in writing or by email no later than March 28, 2014.
Please submit comment to: Richard E. Weber III, Deputy Director, Regulatory Programs, Adirondack Park Agency, PO Box 99, Ray Brook, NY 12977, aparegpr@gw.dec.state.ny.us
If there is significant concern or opposition to this General Permit, a public hearing may be required.
The mission of the Adirondack Park Agency is to protect the public and private resources of the Adirondack Park through the exercise of the powers and duties of the Agency as provided by law. For more information, call the APA at (518) 891-4050 or visit www.apa.ny.gov.
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