ENV-23-16-00001-A Peekamoose Valley Riparian Corridor  

  • 10/12/16 N.Y. St. Reg. ENV-23-16-00001-A
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 41
    October 12, 2016
    RULE MAKING ACTIVITIES
    DEPARTMENT OF ENVIRONMENTAL CONSERVATION
    NOTICE OF ADOPTION
     
    I.D No. ENV-23-16-00001-A
    Filing No. 899
    Filing Date. Sept. 27, 2016
    Effective Date. Oct. 12, 2016
    Peekamoose Valley Riparian Corridor
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Addition of section 190.35 to Title 6 NYCRR.
    Statutory authority:
    Environmental Conservation Law, sections 1-0101(3)(b), 3-0301(1)(b), (d), (2)(m), 9-0105(1) and (3)
    Subject:
    Peekamoose Valley Riparian Corridor.
    Purpose:
    Protect public health, safety and general welfare, as well as the natural resources on the Peekamoose Valley Riparian Corridor.
    Text or summary was published
    in the June 8, 2016 issue of the Register, I.D. No. ENV-23-16-00001-EP.
    Final rule as compared with last published rule:
    No changes.
    Text of rule and any required statements and analyses may be obtained from:
    William Rudge, Natural Resources Supervisor, NYS DEC, 21 South Putt Corners Road, New Paltz, NY 12561-1696, (845) 256-3092, email: bill.rudge@dec.ny.gov
    Additional matter required by statute:
    A Short EAF/Negative Declaration has been prepared in compliance with Article 8 of the Environmental Conservation Law.
    Initial Review of Rule
    As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.
    Assessment of Public Comment
    Peekamoose Valley Riparian Corridor (Blue Hole) Special Regulations
    The 45 day public comment period from June 8 through July 23, 2016 resulted in eight written comments. In addition, the Department hosted a public meeting on June 21, 2016 in the local community to explain the regulations and receive public comments. Approximately 20 people attended the meeting and several made verbal comments.
    Comment: Strongly support the proposed regulations. Feels that the regulations will help deter abuse and overuse of the property. (eight written comments, several verbal comments).
    Response: Thank you.
    Comment: Post “Park head-on” signs to encourage people to park in the most efficient way, given the limited parking available.
    Response: The Department will look into ways to delineate parking spaces in gravel lots to improve parking.
    Comment: Limit the number of people who use the property on a given day. Require permits for camping and day use.
    Response: The new regulations are intended to help reduce natural resource damage by addressing the types of uses, not the number of users, which is limited by available parking. If this approach is unsuccessful, limiting the number of users could be considered.
    Comment: Need more officers to enforce the regulations.
    Response: The Department is working with other agencies including the State Police, New York City Department of Environmental Protection, and Ulster County to assist with law enforcement in the valley.
    Comment: Hiking trailhead parking is not useable due to Blue Hole visitors filling it up.
    Response: The trailhead parking lot is available to people accessing the forest preserve for a variety of public uses, including hiking, hunting, backpacking, fishing and picnicking.
    Comment: What are the results of water samples taken downstream of the Blue Hole?
    Response: Water quality samples have not shown adverse impacts to water quality.
    Comment: Can New York City Department of Environmental Protection close the road to protect the drinking water supply?
    Response: No.
    Comment: No cell service delays emergency response.
    Response: The Department does not provide cell service, but we recognize this problem and are working to improve radio reception for emergency response.
    Comment: Prohibit diving or swinging from a rope in the Blue Hole.
    Response: The Department prohibits rope swings and removes them when found.
    Comment: Any progress on a radio repeater?
    Response: Yes, we are working to develop a repeater on private land that will improve radio reception for law enforcement and emergency response organizations.
    Comment: Prohibit shooting.
    Response: Hunting with a firearm is allowed on state forest preserve lands consistent with all laws and rules and regulations.
    Comment: Get people off the road.
    Response: The Department is considering the construction of a pedestrian trail from the trailhead parking lot to the Blue Hole Kiosk to reduce pedestrian use of the road. This proposal will be included in the Sundown Wild Forest Unit Management Plan revision.
    Comment: Bear-proof dumpsters and outhouses are needed.
    Response: The Department has made arrangements for a bear-proof dumpster and a port-a-john at the Blue Hole from Memorial Day through Columbus Day weekends.

Document Information

Effective Date:
10/12/2016