For Immediate Release: February 9, 2024
Contact:
Keith P. McKeever | Public Information Officer | Adirondack Park Agency
contact@apa.ny.gov | (518) 891-4050
RAY BROOK, NY - The Adirondack Park Agency (APA) is accepting public comment on a proposed new general permit to revise wetlands general permit 2002G-3AAR. General Permit 2024G-1 would replace this existing wetland general permit and bring it in line with the APA’s current three-part general permit application format. In addition, the proposed revisions would include conditions that strengthen requirements to restore impacted wetlands and further clarify what types of land use activities are eligible.
General permits are designed to streamline certain routine APA regulated activities. APA has been methodically working to revise all existing older general permit applications to ensure format consistency and to strengthen permit conditions.
The APA will accept public comment on proposed general permit 2024-G1 until March 22nd, 2024.
This general permit authorizes, as conditioned in any certificate issued, the following regulated activities occurring in APA-regulated wetlands or in adjacent areas where the activities could substantially impair regulated wetlands:
1. Replacement or repair of existing or installation of new private or public 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, telegraph, radio or television communications. The term utility line shall also include pipes conveying drainage from one area to another. This permit is applicable only for construction disturbance of less than one year where there will be complete restoration of the wetland.
2. Installation of temporary work pads, access, or detour drives. This permit is applicable only for construction disturbance of less than one year where there will be complete restoration of the wetland.
3. Installation, replacement, or repair of water control structures involving less than 300 square feet of permanent wetland excavation or fill where compensatory wetland mitigation is addressed, as appropriate.
4. Installation, replacement, or repair of beaver control structures (inclusive of “beaver deceivers”) involving less than 300 square feet of permanent wetland excavation or fill where compensatory wetland mitigation is addressed, as appropriate.
5. Culvert removals, in-place repairs, replacements, or extensions; or new culvert installations involving less than 300 square feet of permanent wetland excavation or fill per wetland complex where compensatory wetland mitigation is addressed, as appropriate.
6. Widening or minor improvements to lawfully existing roadways, bridges, driveways, or trails involving less than 300 square feet of permanent wetland excavation or fill per wetland complex where: a) compensatory wetland mitigation is addressed, as appropriate; b) fill is limited to the minimum necessary to bring the facility into compliance with current State design, safety, and capacity standards; and c) the improvements will not change the historic use of the facility or property.
7. Grading and filling in wetlands lasting less than one year and associated with access for survey and exploratory activities where there will be no permanent fill and complete restoration of the wetland. Survey and exploratory activities include: instrument survey, archaeological and paleontological surveys, seismic operations, drilling of test wells or bore holes, excavation of test pits, core sampling, soil sampling, and other similar exploratory-type activities. The survey and exploratory activities themselves are non-jurisdictional.
8. Replacement or repair of existing or installation of new private or public overhead utility poles and lines with access through wetlands with no permanent fill in or loss of wetlands. Installation activities may include in-kind replacement of existing power poles in wetlands or replacement poles involving an increase in height not resulting in a final height above grade in excess of 40 feet. Activities may also include permanent placement of screw anchors and guy wires in wetlands.
9. Installation of new fords involving less than 300 square feet of permanent wetland fill which do not involve a perennial stream on active farms for purposes of crossings by farm equipment or animals.
General Permit 2024-G1 would:
1. Be available for use throughout the Adirondack Park;
2. Be effective from the date of issuance unless otherwise modified or revoked by the APA;
3. Authorize jurisdictional activities pursuant to § 809(2)(a) of the Adirondack Park Agency Act and Agency Regulations at 9 NYCRR Part 578;
4. Allow for certain minor regulated activities in a freshwater wetland;
5. Include relevant mitigating conditions and conclusions of law, as specified in the general permit; and
6. Include procedures for the issuance of a certificate pursuant to the general permit, as specified in the general permit.
For more information please review the full general permit application materials and staff presentation to the APA Board found on the Regulatory Program Section of the February 2024 Agency Board meeting on the APA website at: https://www.apa.ny.gov/Mailing/2024/02/regulatory.htm
Please send all comment to:
David Plante, AICP CEP, Deputy Director for Regulatory Programs
NYS Adirondack Park Agency
PO Box 99, 1133 NYS Route 86
Ray Brook, NY 12977
Email: RPComments@apa.ny.gov
Phone: 518-891-4050
Public Comment Period ends: 3/22/2024
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.