Draft Generic Environmental Impact Statement for Adoption of Stream Corridor Management Regulations for the Lake George Park

Time Line 2005……………Chazen Companies Report – Public Planning and Outreach Program. Nov 2007………..Public Meeting on Draft Regulations. May-June 2008…… CWP Public Meetings. January 6, 2009…..Draft Generic Environmental Impact Statement. February 24, 2009…..SEQRA Public Hearing.

What Is Next for SEQRA SEQRA Comment period extends to March 16. Make any revisions to the DGEIS and draft regulations and prepare a Final Environmental Impact Statement with Responses to Comments (April 15, 2009). Commission must adopt and publish a SEQRA Findings Statement May 1, The selected alternative(s) in the FGEIS must be within the range of alternatives in the DGEIS.

To Advance the Rules The Commission must assess the impact and cost of the selected alternative regulations and prepare a Regulatory Impact Statement (RIS). Evaluate flexibility in a Regulatory Flexibility Analysis (RFA). Evaluate effects on small businesses and jobs. Publish these reports with notice of proposed rulemaking in the New York State Register. Hold a 45 day public comment period. Hold a public hearing giving notice to identified parties of interest. Prepare a summary, assessment and response to comments. Prepare revised rules or publish final regulations. No time line established as yet for SAPA.

Overview of the Draft Rules Streams –Uses definition of stream currently in Commission’s stormwater regulations for internal consistency. –Permanent and intermittent streams (not ephemeral). –Have mapped all major permanent and many intermittent streams. –Additional stream field work in may update the map before rules are promulgated. –May determine to add streams later after notice to affected owners. –Future decisions on streams must afford comment and have a rational basis.

What is regulated Development including subdivisions, building, land disturbance, land clearing, vegetation removal. Disturbances to the bed of a stream such as crossings, culverts, diversions, and etc. Not regulated, maintenance of existing facilities, including buildings, parking areas, roads, landscaped areas, and etc.

Where is it Regulated Within 100 feet of the high water mark of a designated stream …the corridor. Projects that can avoid the corridor avoid permit jurisdiction.

Standards for Permits New development 100’…building/impervious setback ’ …30% clearing, trails, s/w control measures. < 50’… limited to trails, utilities, crossings, water access, removal of dead or dying trees and invasive species. Existing Development First time construction on approved lots. Expansions of existing facilities up to 25% of impervious surface. In accordance with standards for new development to the maximum extent practicable. 35” building/development setback.

Administration General permits….expedited action on cutting trees, minor projects, routine matters, etc. Permit Coordination…. No duplication of LGPC permits or fees. Interagency……… Single DEC/LGPC permit approvals. Delegation …… Authority for MOU’s with local government. Grants….. Authorizes grants for stream restorations. Guide for Minor Projects…..Will assist applicants and contractors.