March 2, 2007

Michael Curley, Supervising Forester
NYS Department of Environmental Conservation
PO Box 220
Warrensburg, NY 12885

RE: Wilcox Lake Wild Forest Draft Unit Management Plan

Dear Mr. Curley: 

On behalf of the Adirondack Mountain Club (ADK) we would like to provide the Department of Environmental Conservation with our comments on the Draft Unit Management Plan (hereinafter the Draft UMP) for the Wilcox Lake Wild Forest (WLWF).  Many of ADK’s members use this very wild and beautiful area.

Snowmobile Trails

As is stated in the Draft UMP, the WLWF has the most miles of designated snowmobile trails of any unit in the eastern portion of the Adirondack Park.  We support the Draft UMP’s proposals to close some of these snowmobile trails and convert them to hiking, biking or Nordic skiing trails. 

We strongly oppose the current proposals for “community connector” trails connecting the communities of Warrensburg and Speculator, as well as the trails connecting Wells and Northville.  As outlined in the Draft UMP, these proposals violate the letter and spirit of the Adirondack Park Snowmobile Plan (Snowmobile Plan).  These “community connector trail” proposals utilize routes that cross important interior areas of the WLWF in flagrant violation of the bedrock principles of the Snowmobile Plan.

The Draft UMP does not contain any discussion of alternatives that would route the higher volume community connector trails around the periphery of the WLWF along highway or public road corridors.

The provisions of the Snowmobile Plan describe “community connectors” as 9-foot wide, motor vehicle groomed trails with “prepared surfaces” that, when they cross the Forest Preserve, are intended to be located close to highway corridors or the state land boundary. The Snowmobile Plan clearly states (p.3, Executive Summary):

“In establishing a snowmobile trial system that connects communities in the Park, it is essential to create a net benefit to the Forest Preserve lands.  This net benefit will result through the reconfiguration of the existing snowmobile trail system, with a focus on shifting snowmobile trails to the periphery of the Forest Preserve, redesignating existing snowmobile trails in the interior for non-motorized use and avoiding sensitive private lands.”

The Northville to Wells preferred alternative community connector route utilizes the Murphy-Middle-Bennett Lake interior trail that was repeatedly identified by ADK and other environmental groups during the Snowmobile Plan Focus Group process as a trail that should be redesignated for Nordic skiing and snowshoe use. The Draft UMP claims that there was a consensus of the Snowmobile Plan Focus Group on this community connection, but utterly fails to note the vociferous opposition of ADK and other environmental groups to the use of the Murphy-Middle-Bennett Lake interior trail to accomplish this connection.

Moreover, the proposed “community connector” trail connecting the communities of Warrensburg and Speculator utilizes the Oregon Trail right through the interior of the WLWF area. During the Snowmobile Plan Focus Group discussions, ADK repeatedly identified the Oregon Trail between Baldwin Springs and Cod Pond as an interior trail, much of which has “essentially the character of a foot trail” as mandated by the Adirondack Park State Land Master Plan (APSLMP). The use of the Oregon Trail as a critical segment of the Warrensburg to Speculator route is utterly inconsistent with the Snowmobile Plan’s statement that community connector trails should be located on the periphery of Forest Preserve lands. This intent is further emphasized on page 16 of the Snowmobile Plan, which states:

By concentrating the majority of snowmobile use along the periphery of Forest  Preserve units and along major travel corridors, the interior areas of those units will have less motorized and non-motorized forms of recreation and decreased impacts on wildlife.

Page 225 of the Draft UMP, second paragraph, refers to Baldwin Spring as “the trail hub at the center (emphasis added) of the WLWF.”   The proposed trail connecting Warrensburg and Speculator is not on the periphery of the WLWF because it goes directly into Baldwin Spring and across the heart of the WLWF to Cod Pond via North Bend and the Oregon Trail.  The Oregon Trail from Baldwin Springs to N.Y Route 8 has long been a popular hiking and backpacking route. The planned conversion of this interior trail into a 9 foot wide “prepared” surface suitable for the use of tracked motor vehicle SnoCat groomers will require extensive sidecutting, rock removal, hummock filling, trail relocations, a material degree of tree cutting and grade alteration. The Oregon Trail’s “character of a foot trail” would be ruined by this proposal.

The Oregon Trail “community connector “proposal is totally inconsistent with the Snowmobile Plan’s stated intent of placing community connections on the periphery of Wild Forest Areas and enhancing the “wild forest” character of the Forest Preserve by restoring interior trails to Nordic skiing and snowshoeing and preserving the three season appeal of these interior trails for hiking, bird watching, and other passive recreational uses.

The proposed connector trail between Northville and Wells has similar problems.  The preferred alternative utilizes the Murphy-Middle-Bennett Lakes trail which has long been a favored cross-country ski trail, on which skiers and snowmobilers have co-existed.  It is clearly an interior trail and portions of this trail would have to be extensively widened, graded, sidecut and bulldozed to convert this snowmobile trail that now has the character of a foot trail into a 9 foot wide Class III snowmobile route groomed by tracked motor vehicle groomers. Such a transformation of this lovely trail would make a mockery of the letter and spirit of the Forest Preserve mitigation language of the Snowmobile Plan.  

A community connector designation will, by DEC’s own admission in the Draft UMP, result in substantially more snowmobile traffic making cross-country skiing less pleasant and more dangerous.  The Snowmobile Plan states that the new “community connector” routes will be located on the periphery of Wild Forest Areas. The Murphy-Middle-Bennett Lakes trail is clearly an interior trail that now has the character of a foot trail.

Therefore, all of the proposed alternatives are unacceptable.  The big question is why this community connection trail is needed at all. The Draft UMP states that Warrensburg is not currently a snowmobiling “hub,” and Speculator has limited snowmobiling routes connecting it to other areas.  The Snowmobile Plan stresses that not all community connections can or should be built.  Since every alternative of the Warrensburg to Speculator community connector route requires the sacrifice of the “foot trail” character of the Oregon Trail, extensive alteration of the trail surface and bisecting the interior of the WLWF, this community connection route should either be re-routed around the periphery of the unit or rejected as in violation of the central principles of the Snowmobile Plan.

The Draft UMP does not discuss or evaluate the nature and extent of the increased use by snowmobiles on each of the snowmobile trails, especially the community connector trails; does not discuss the manner of grooming that will be permitted on each snowmobile trail in the WLWF; does not discuss the type of grooming machine that will be permitted on each snowmobile trail in the WLWF; does not discuss the environmental impacts of grooming machine use on snowmobile trails in the WLWF unit; does not discuss what, if any, measures will be taken by DEC to ensure that the “character of a foot trail” is preserved for each snowmobile trail, including community connections,  as mandated by both the Snowmobile Plan and the APSLMP.  ADK asserts that these aforesaid deficiencies render the Draft UMP in material violation of the APSLMP and the provisions of the State Environmental Quality Review Act (SEQRA), especially the segmentation of environmental impacts.

Moreover, ADK asserts that the proposals for the Murphy-Middle-Bennett Lakes trail and the Oregon trail segments that are part of the Northville to Wells and Warrensburg to Speculator community connections violate the principles of the Snowmobile Plan, the APSLMP, SEQRA and Article 14, section 1 of the state constitution.

The Draft UMP discusses snowmobile trails using the designations Class A and Class B. (Pages 217, 218).  However, the Snowmobile Plan uses the designations of Class I, II and III, of which Class III is the “community connector” trail.  There are much more stringent specifications for Class III trails. Contrary to the provisions of the Snowmobile Plan, the Draft UMP does not specify which trails are Class I, Class II (a) or (b) or Class III trails.  DEC stated that all UMPs would use the same trail classification system as set forth in the Snowmobile Plan when describing and classifying snowmobile trails.  The WLWF Draft UMP has utterly failed to do so.

Another major problem with the snowmobile trail section of the UMP is that the issue of snowmobile trail grooming is simply not addressed.  The Snowmobile Plan states that snowmobile trails to be groomed should be identified in the UMP process.  Several snowmobile trail descriptions in the WLWF mention snowmobile trail grooming but do not identify the type of groomer to be permitted. The Draft UMP fails to disclose whether motor vehicle groomers will be permitted on trails.  The Draft UMP fails to disclose what, if any, measures will be taken by DEC to ensure that the “character of a foot trail” is preserved for each snowmobile trail, including community connections, proposed in the Draft UMP, as mandated by both the Snowmobile Plan and the APSLMP. In passing, ADK reminds DEC and the Adirondack Park Agency that motor vehicle groomer use on trails is prohibited by both 6 NYCRR 196.1 and the APSLMP.

Roads

The WLWF Draft UMP states on page 141:

None of the roads, with the exception of Ski Hi Road, is passable without a high-  clearance vehicle and on some of  them(roads), travel is difficult or impossible even with a four wheel drive vehicle.

The Draft UMP also includes the following statements:

  • Page 148: “For example, the ford at Baldwin Spring provides motor vehicle access to the Oregon Trail, the Bartman Trail, and Lizard Pond Trail. Vehicular access to these trails provides no particular service other than possible campsite access. Further, these trails are much more suited to hiking and biking. Continued public motor vehicle access only creates potential for user conflicts and adverse environmental impacts. Additionally, the ford at Baldwin Spring is often unsafe to cross and presents opportunity for water pollution, soil erosion, and siltation.”
  • Page 152: “Access to the beginning of this route requires a four-wheel-drive vehicle because Bakertown Road is not well maintained. Furthermore, the existing ford of Harrisburg Lake Outlet along this route presents a potential safety and environmental hazard, especially if persons with disabilities were to become stuck in the ford.”
  • Page 243: “The closure of the East Stony Creek ford will eliminate motor vehicle access to the Bartman Trail, Lizard Pond Trail, and Oregon Trail, effectively closing them to this use. Because of the poor conditions and general character of these trails, this result is preferable. … A substantial investment of Department resources and alteration to the natural landscape would be necessary to bring all of these roads up to acceptable standards.”

These DEC conclusions confirm that the alleged  “roads” in the unit are not passable by automobile traffic, and therefore are not eligible for motor vehicle use, including all terrain vehicles, under the provisions of the APSLMP and 6 NYCRR 196.1. 

The Adirondack Park State Land Master Plan (APSLMP) defines a “road” as:

As improved or partially improved way designed for travel by automobiles and which may also be used by other motor vehicles…(APSLMP, 18)

DEC cannot legally designate a road in the Forest Preserve through the UMP process. The suitability of a road for automobile use must have occurred either before the land was acquired for the Forest Preserve, or at least before the adoption of the APSLMP in 1972.  Therefore, using this definition, wagon roads, railroads, nineteenth-century logging roads, and other “ways” not designed for travel by automobiles are not considered “roads” pursuant to the APSLMP, and therefore are not eligible for motor vehicle use.  Such “ways” should be closed to motor vehicle use. 

Upon information and belief, the CP-3 substitutions, the Baldwin Springs to North Bend CP-3 route and the Baldwin Springs – Bartman Trail are not “roads” as that term is defined in the APSLMP and 6 NYCRR 196.1. DEC concedes in the Draft UMP that it is not practical to get to Baldwin Springs with an ordinary automobile let alone from Baldwin Springs to North Bend on the Oregon Trail or north on the Bartman Trail. Since the Galusha consent order did not identify these two routes as CP-3 routes and the consent order stated that any substitutions could not violate either the APSLMP or 6 NYCRR 196.1, ADK can and does object to these substitutions.

Accordingly, after reading DEC’s own descriptions of the CP-3 route proposals, it appears that none of them meet the 6 NYCRR 196.1 and APSLMP definition of a road. None of the routes were designed for ordinary automobile use and none are passable to automobiles at present.  These so-called “roads” are actually trails at best and should be closed to public motor vehicle use, including CP-3 use.

Hiking Trails

ADK supports the proposals for trails outlined on pages 127 and 128 in the UMP.  Other current paths, which should be marked, include a waterfall on Jimmy Creek, an upper waterfall on Jimmy Creek, and the Mill Creek Vly.  Additionally, the state should seek acquisition of a trail easement to secure permanent access to the Pine Orchard which could have interpretive signage and/or a short nature trail to explain its interesting features.

ADK opposes the relocation of the Murphy Lake trail for the benefit of snowmobilers. The Draft UMP, on page 125, states that the relocation is needed due to “swampy” conditions that inhibit hiking and snowmobiling. In our opinion, rerouting the trail away from Murphy Lake is not an attractive proposal for hikers. The current trail provides nice views of the lake. ADK agrees that some work is needed to address some of the wet conditions but a full reroute away from the lake should not be pursued.

Fisheries Management

The Draft UMP states that DEC will monitor the unit’s brook trout fisheries periodically for the presence of non-native fish species and reclaim these ponds if and when non-native species become established. The Draft UMP makes it clear that the UMP must be amended if reclamation is determined to be necessary. These ponds should not be reclaimed if the ponds are inhabited by an assemblage of native species or mostly an assemblage of native species. Certainly dams should not be constructed at these interior ponds to facilitate rotenone reclamation if the ponds are inhabited by an assemblage of native species.

Land classification

ADK is pleased that the Draft UMP does not contain any management proposals that would threaten the wild and remote section of WLWF that contains Shiras Pond, Little Joe Pond, and New Lake. ADK recommends that this area be considered by the Adirondack Park Agency for reclassification as Wilderness. Such a reclassification would ensure that this area remains in its primitive state.

Bridges

Page 129 lists needed bridges, either new, repaired or replaced.  Of this list, nine are listed as snowmobile bridges.  Nowhere is the width of these bridges specified. How wide will these bridges be?  Additionally, on page 159, Year 4 Implementation, reference is made to installing a device in front of the snowmobile bridge east of the Harrisburg Lake Outlet ford on Bakertown Road to “selectively limit ATV access.”  What is this device?  If there is such a thing, should they be installed on all such bridges? 

Sanitation

ADK agrees with the need for better sanitation practices in the WLWF.  We support the Draft UMP’s management proposals addressing this issue.  However, in placing port-a-johns, care should be taken to keep them as unobtrusive as possible.  They should be either dark green or brown so that they blend into the natural surroundings. 

We thank you for the opportunity to discuss our concerns about the Wilcox Lake Wild Forest Draft UMP.

Sincerely,

 

Neil Woodworth                                     Marisa Tedesco
Executive Director                                 Conservation and Legislative Director