Shoots. About Glen Lake Glen Lake is a two mile long natural freshwater and dam controlled lake. A few commentators were neutral, and three commentors (the Intervenors identified below) opposed the permit application. 490 Glen Lake Rd, Lake George, NY 12845-4418. Department Staff ("Staff") appeared by Christopher Lacombe, Regional Attorney, New York State Department of Environmental Conservation Region 5. The Applicant proposes to treat up to 23 acres of Glen Lake during the 1998 season. Administrative Law Judge By letter dated August 17, 1997, the Applicant confirmed the historic efficacy of its method of stopping outlet water flow during the pesticide treatment period. 6 NYCRR 617.9(b)(5); 7.03[4] at 7-42, Gerrard, Ruzow and Weinberg (1997), citing, In re CECOS Int'l. Warren County Ice Fishing. Here, Staff has made such a tentative determination and relies upon the FPEIS without requiring a supplemental EIS. In the context of SEQRA, these issues are framed as Staff's inadequate consideration of need and of alternatives, particularly the no action alternative, in reviewing this project. Watershed Management Contact Information; Search the Agency of Administration's Public Records Database; ... Dec-Feb. Nor can compliance with the pesticide label does rate or permitted dose rate be assured. Copper sulfate crystal pesticide label, Tennessee Brand, manufactured by Griffin. LISTING BY: HOWARD HANNA. Therefore, the focus of lake management is to stay at the same place on the trophic continuum. There is a carry down on the northwest shore off Glen Lake Road. Algae blooms are dependent upon several factors including the nutrient load and temperature of the lake water. and a summary of Dr. Singer's findings and conclusions. Implicit in the Department's authority to set limitations for use of aquatic pesticides under ECL 15-0313(4), is authority to require an applicant to demonstrate necessity for the proposed aquatic pesticide treatment. The depth is roughly 50 feet at normal water elevation. Glen Lake Benson/Castleton/Fair Haven ... Department of Environmental Conservation Watershed Management Division Davis Building - 3rd Floor One National Life Drive Montpelier, VT 05620-3522 802-828-1115. and ECL Article 33, Title 3 (and ECL 33-0301 Pesticides properly used are valuable, important and necessary to the welfare, health and economic well-being and productive and industrial capabilities of the people of New York. 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. 6 NYCRR 617.10(d)(4). Instead, Intervenors assert that Staff has improperly accepted the non-expert opinion of the majority riparian owners as proof that Glen Lake has a nuisance algal condition. 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. 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.". Mr. Eichler and Dr. Singer are colleagues at the Freshwater Institute and have co-authored several articles. The Applicant proposes to apply copper sulfate pesticide to the waters of Glen Lake, to control filamentous algae. During the issues conference, the Applicant sought to amend its permit application to include planktonic algae and muskgrass/stonewart algae, the other two categories of algae identified in the FPEIS. Consistent with those provisions, GLPA notified all riparian owners along Glen Lake of the proposed pesticide treatment by a mailing on March 1, 1997. The ALJ concluded that such implied authority is not merely convenient to the Department's achieving its legislative mandate, but is a necessary power. The stenographic record of the proceedings was received by the ALJ on September 5, 1997. C-SLAP Report, Interpretative Summary, page 2. The deadline for receipt of filings for party status was August 7, 1997. As noted above, the Applicant filed a Survey of the Algae for Glen Lake, Warren County, New York (August 24, 1997; the "Algae Survey"), prepared by limnologist, Lawrence Eichler. Tel: (518) 761-6410 Fax: (518) 761-6411 Email Planning The Applicant stated that if necessary depending upon Staff's position, the Applicant may modify its proposal to avoid the wetland and adjacent area as delineated by Staff. grassy area with picnic tables and plasstic adirondack chairs scattered around. View pictures, check Zestimates, and get scheduled for a tour of Waterfront listings. Following the August 14, 1997 issues conference, several supplemental filings were made by the parties. Browse waterfront homes currently on the market in Queensbury NY matching Waterfront. Staff continues to assert that the Applicant's project will comply with all statutory and regulatory requirements. Next, depth measurements would be obtained to account for variability of the bottom terrain. ECL Article 15 and the Department's general statutory authority require that in Departmental review of aquatic pesticide permit applications to waters of the state, Staff must determine whether the proposed pesticide treatment is necessary. Further, The Applicant asserts that the Department has no authority to require a demonstration of necessity for the proposed aquatic pesticide treatment because no specific statutory or regulatory authority exists to support such review. Aquatic pesticide permit applications are not subject to requirements of the Uniform Procedures Act. The Applicant's view cannot be reconciled with the language and statutory intent of ECL 15-0313(4), the general authority of the Department under the ECL and well established principles of administrative law. Secondly, the Applicant asserts that the Department has no authority to require a demonstration of necessity for the proposed pesticide treatment because no specific statutory or regulatory authority exists to support such review. Generally, algae growth is cyclical, peaking in the warmer summer months. 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." 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. $465,000. The New York State Lake Contour Map Series provides information on depth contours, water surface area, mean depth and available fish species for selected state waters. 6 NYCRR 327.3(b)(1). April 1 – Oct 15. Ice fishing permitted. The implied power must be necessary, not merely convenient, and the intention of the legislature must be free from doubt. The Applicant also commented upon the filings, by letter dated September 19, 1997. There aren't enough food, service, value or atmosphere ratings for Olde Trading Post Saloon and Grill, New York yet. Neither Staff nor the Applicant challenged the Intervenors' environmental interest in this proceeding. ... Dec-Feb. 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. This power authorizes the Department to regulate by permit, the introduction of toxic chemicals such as copper sulfate into the waters of the state. (Citations omitted; emphasis supplied)" 2 NY Jur.2d (Administrative Law) 24, Implied and Inherent Powers. 6 NYCRR 617.10(a). Trophic classifications are not interchangeable with water quality. 5. The C-SLAP Report explains that all lakes and ponds undergo eutrophication, an aging process that involves stages of succession in biological productivity and water quality. By letter dated September 6, 1997, Intervenors commented upon the above described filings, including their critique of the Eichler survey. He has also identified fifteen species of phytoplanktonic (free floating) algae in the lake. The Glen Lake Protective Association ("GLPA" or the "Applicant") has identified 345 riparian owners along Glen Lake. Any size. Take Exit 13 off NY Route 205, then north on Route 12 to the park Launch Type: Main gate located at 18 CCC Road in Laurens. With more than 24 Glens Falls trails covering 447 miles, you’re bound to find a perfect trail like the Spring Run Trail or Black Bridge Trail. Warren County, DEC Region 5; Water Town Number Date Species Size (inches) Botheration Pond: Johnsburg: 220: Spring: Brown Trout: 8 - 9 inches: Brant Lake: Horicon: 2480 Accordingly, if Staff determines that a proposed project is consistent with the FPEIS, then Staff may conclude that no supplemental EIS is required for the project. All year. Albany, New York. 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. Further, any subsequent draft permit that Staff may prepare in this matter, should require that the Applicant coordinate timing of any copper sulfate treatment to avoid the time period when Staff intends to stock Glen Lake and also to avoid trout spawning periods, and should address the Applicant's request that the treatment may occur prior to Independence Day weekend. 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. Staff has not adequately reviewed project alternatives and need under SEQRA and has not conducted an adequate review pursuant to ECL 15-0313(4). Trout and other species of fish may be killed at application rates recommended on this label, especially in soft or acid waters. The FPEIS on Aquatic Vegetation Control is such a Generic EIS. . Food and ambience. Instead, The Applicant asserts that the Department's review is limited, under 6 NYCRR 327.1(b), to a determination of whether nonconsenting riparian users will be significantly adversely affected by the water use restrictions in effect during the treatment period. Staff made a tentative determination that the proposed project will be in compliance with all applicable laws and regulations administered by the Department. The C-SLAP Report describes Glen Lake as having no significant recreational use impairment, due to favorable water clarity and little weed growth. 6 NYCRR 624.4(c)(4). Be one of the first to write a review! Your browser does not support JavaScript! ... (Dec 17) 241 Clendon Brook Rd, Queensbury, NY 12804. (*) Denotes waters where the use or possession of bait fish is prohibited. 1340 State Route 9 Lake George, NY 12845. Located within Ontario, Yates, Seneca, and Schuyler counties, Seneca Lake lies in the geographic center of the Finger Lakes. Necessity for the proposed copper sulfate treatment was not an issue in that matter. One of Intervenors' proposed issues was that the Applicant could not contain the lake outlet flow for 24 hours, as required by the draft permit. Intervenors are granted party status. However, Staff concedes it has accepted non-expert citizen opinion as sufficient to establish the existence of nuisance filamentous algae in Glen Lake, rather than require the Applicant to demonstrate whether such an algae condition exists in Glen Lake. 1340 State Route 9 Lake George, NY 12845. Glen Lake and Surrounding Area CEA Disclaimer: This map was prepared by the New York State Department of Environmental Conservation using the most current data available. English (33) All languages. Intervenors in that matter did not dispute the applicant's demonstration of necessity. 2d at 47, citing, Barton Trucking Corp. V O'Connell (1959), 7 NY2d 299, 197 NYS2d 138, 165 NE2d 163 [the power to withhold a permit or license for good cause, as well as the standards defining good cause, need not be expressly delegated where, by fair implication, in light of statutory purpose, such power has been implicitly delegated]. provide a broad grant of power to the Department to carry out the environmental policy of New York, including the conservation, improvement and protection of the state's natural resources and environment. Please ensure that I receive three copies of any appeal that is filed. When a final generic EIS, such as the FPEIS, has been filed, a supplement to the Final generic EIS must be prepared if the subsequent proposed action was not adequately addressed in the generic EIS and the subsequent action may have one or more significant adverse environmental impacts. Further, 6 NYCRR 327.3(b) requires that the Department make recommendations on the use of the chemicals and treatment operation or other aspects involving the applicant to avoid adverse effects on water uses. Clearly, such implied authority is not merely convenient to the Department's achieving its legislative mandate, but is a necessary power. During the issues conference, the Intervenors consented to consolidation of their petitions for party status. Within this lake there is an excellent bass fishery which … The program currently monitors more than 125 lakes, ponds and reservoirs in the state, and has 1,000 volunteer members. 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 … 2, Initial Draft Permit). Language English. In Staff's view, whether lake conditions constitute a nuisance algae condition, is an issue determined by the riparian users. Specifically, the FPEIS discussion of alternatives to proposed action does not adequately address alternatives as applied to Glen Lake, including the "no action" alternative. However, the Applicant has made no revised permit application filing. 6 NYCRR 327.1(b). Under cover of a letter dated August 19, 1997, Intervenors filed a draft "Watershed Management Plan for the Future of Glen Lake", a NYSDEC memorandum (dated March 14, 1995 regarding Aquatic Herbicide Application Review), a joint Federation of Lake Associations, Inc. and NYSDEC publication, Citizen's Statewide Lake Assessment Program Annual Report (August 1996) and a watershed analysis, prepared by Intervenor Beall. Tel: (518) 761-6410 Fax: (518) 761-6411 Email Planning public information statement public information statement spotter reports national weather service albany ny 514 pm est thu dec 17 2020 the following are unofficial observations taken during the past 11 hours for the storm that has been affecting our region. English (292) All languages. Chris Johnson, center, takes friends Tony, right, and Josie Cardenas out for an ice fishing afternoon on Glen Lake in Queensbury on Monday, Dec. 30, 2013. See Lake George/Lake Champlain Regulations. Aquatic pesticide permit applications are subject to ECL Article 8, the State Environmental Quality Review Act, and its implementing regulations, 6 NYCRR Part 617. Lake conditions are dependent upon many dynamic factors, making assessment difficult. During an October 10, 1997 telephone conference, the Applicant stated that it would not seek a wetlands permit, but instead will modify its proposal as necessary to avoid the requirement of a wetlands permit. Ordinarily, expedited appeals must be filed with the DEC Commissioner in writing within five days of the disputed ruling [6 NYCRR 624.6(e)(1)]. Portions of this page may require JavaScript to be enabled for your browser. ... Construction of the affordable housing project has made progress since beginning in Dec. 2019. The information provided by the Applicant in its permit application does not meet the requirements of 6 NYCRR Part 327 (Use of Chemicals for the Control or Elimination of Aquatic Vegetation), or the NYSDEC Technical Administrative Guidance Memorandum (TAGM) for the Aquatic Pesticide Permit Program, dated March 12, 1993. Ft. single family home built in 2000 that sold on 02/29/2016. Appeals should address these rulings, rather than merely restate a party's contentions. All languages. One memorandum from Pesticides Control Specialist II John Bennett to Regional Attorney Christopher Lacombe, dated October 27, 1997. addresses Staff's July 23, 1997 site visit. Glen Lake is approximately 320 acres in size with an inlet and outlet generally located along a north south axis. so … On August 14, 1997, a legislative hearing was held before Administrative Law Judge ("ALJ") Kevin J. Casutto, at the Bay Ridge Fire Station 42, Glen Lake Road, Lake George, New York. 6 NYCRR 617.9(b)(5)(iii)(v). All year. In 1885, the New York State Forest Commission, known today as the Department of Environmental Conservation, was given charge of the Forest Preserve. 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' Not For Use in Navigation Glen Lake County: Warren Size: 319 Acres Fish Species Present: Yellow Perch, Brown Bullhead, Scale: Town: Queensbury Mean Depth: 18ft Largemouth Bass, Sma Imouth Bass, Fish species present in the lake are rainbow trout, pickerel, smallmouth bass, largemouth bass, walleye, yellow perch, pumpkinseed sunfish, and brown bullhead. All languages. By letter dated August 27, 1997, Intervenors filed a summary of the findings of their proposed expert witness, limnologist Robert Singer, Ph.D. Dr. Singer's offer of proof is that Glen Lake does not exhibit conditions indicative of a nuisance algae condition, and that copper sulfate use is not warranted at this time. Therefore, issues conference participation was limited to the Applicant, Staff, Mr. Underwood, Dr. Fisher and Ms. Beall. 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. Oligotrophic lakes are characterized by low biological productivity and high clarity. Appearing with counsel were technical Staff, John Bennett and Brian Primeau, Pesticides Control Specialists. 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)). April 1 – Oct 15. Browse waterfront homes currently on the market in Queensbury NY matching Waterfront. Intervenors assert that in order for the project to be within the scope of the FPEIS, the Applicant must demonstrate that its project is in conformance with the conditions and thresholds established in the FPEIS or its findings statement. 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. Whitney Point Sportsmen’s Association, Trap Shoot, Thursday evenings 6 p.m. Info: 607-692-4843. Location and contact. Contrary to this perspective, as discussed above, the Applicant asserts 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. Add a photo. $465,000. Issuance of the permit would not comply with 6 NYCRR 327.4(b)(5) regarding trout fisheries. Seneca lake has the largest volume of water of the Finger Lakes. Intervenors conclude that Staff must require Applicant to prepare a supplemental EIS, or deny the permit application. Enhance this page - Upload photos! During the issues conference, the Applicant described the generally accepted technique that certified pesticide applicators use for application of copper sulfate pesticide for the control of algae. Use of copper sulfate pesticide to control algae in lakes, results in accumulation of copper in the bottom sediments. A power not expressly granted by statute is implied only where it is so essential to the exercise of some power expressly conferred as plainly to appear to have been within the intention of the legislature.