Save the date of April 25th
Second annual Low Impact Development Conference
Hosted by the Lake George Waterkeeper, this forum is free and open to land use professionals and local government officials.

The Lake George Waterkeeper is sponsoring a seminar "Challenges and Solutions Using Low Impact Development" on April 25th in Lake George. This seminar is free and intended for land use professionals, municipal board members, regulatory agency staff, and the development community. The seminar runs all day, from 8:30 - 4:30 PM, and will be held at a location (TBD) in Lake George.

Continuing education credits will be provided for professional engineers and municipal review board members.

All participants must register in advance as space is limited.

The second annual Low Impact Development Conference continues to raise the awareness of Low Impact Development measures to land use professionals, municipal review board members and the development community, to answer questions regarding their implementation and increase people's comfort level with these measures.

See Lake George Fact Sheets about important LID concepts and practical steps for implementation during design and work in the field. See Fact Sheets for LID Concepts, LID Conservation of Natural Resources, LID Minimizing Impacts, and LID Importance of Maintaining Natural Drainage Patterns.

New NYS fertilizer control law went into effect on January 1, 2012. The law is similar to local laws, but the Town and Village of Lake George laws are stronger than state law, while the Town of Queensbury law is the most ambitious and protective.

Beginning on January 1st the New York State Dishwasher Detergent and Nutrient Runoff Law, passed in 2010, went in effect. This law prohibits the use of any lawn fertilizer within 20 feet of a waterbody and mandates that only fertilizers with low phosphorus content can be sold and used in the state. The phosphorus content is the middle number listed on the bag or box e.g. 22-0-15, which would indicate that this product had 0% phosphorus content. Effective now it's illegal to sell or use a product that's greater than 0.67% phosphorus content. There are a few caveats in this law. For instance, a landowner who has a continuous vegetated buffer of 10 feet in width, is allowed to apply fertilizers within the 50-foot zone.

The new NYS bill sets a minimal standard and localities are free to pass more stringent local laws. The Town of Queensbury has passed what many believe is a model local law to control the use of fertilizers near water bodies. The main features of the Queensbury law include no application of any lawn fertilizers within 50 feet of a lake, 0% phosphorus fertilizers only can be used within 50 - 200 feet of a lake. Outside of 200 feet the NYS law applies. An exception is made in the case where a landowner has a continuous fully vegetated buffer of 15 feet in width, then fertilizers can be used with the 50-foot zone. Additionally, application of pesticides in areas of more than 100 square feet require signage to be posted for a minimum of 24 hours on the perimeter of the property.

The Village of Lake George and Town of Lake George phosphorus fertilizer law bans the application of any lawn fertilizer that is labeled as containing any phosphorus or other compound containing phosphorus. The regulation also states that non-phosphorus fertilizer cannot be applied between December 1 and April 1, cannot be applied to any impervious surfaces, and cannot be applied to restricted lawn areas in the Village of Lake George.

Lake George is listed in the newly released NYS "Part 303(d) List" for impaired waterways listed under the Clean Water Act.

Few may be aware of the fact that Lake George is an "impaired water" and has been for the past ten years since New York State has started designating polluted water bodies. How can this be with the incredible water clarity and the fact that Lake George is considered a drinking water source?

This determination is made by the New York State Department of Environmental Conservation (NYSDEC) as part of the requirements of the Clean Water Act. The Clean Water Act requires each state to list its polluted waters and set priorities for its cleanup. A water body is determined to be impaired when it is too polluted or otherwise degraded to support its designated use. The list of these impaired waters is called the 303(d) list, named after the section of the Clean Water Act that requires the listing. (Picture above is Stewart Brook in the Town of Bolton after a storm.).

Lake George and all its tributaries (i.e. the streams that drain into the lake) have been determined to be impaired due to silt and sedimentation from urban stormwater runoff and erosion. Silt and sedimentation can impact the designated use of Lake George, which is as a drinking water source and contact recreation (swimming). There are additional impacts from silt and sediment pollution that include increased nutrient levels, impacts to aquatic habitat, and reduced oxygen levels.

The listing of a water body on the 303(d) list requires the development of a watershed restoration plan, which is commonly referred to as a "Total Maximum Daily Load" Plan or a TMDL Plan. This process specifies the problems, identifies the pollution sources, determines pollution reductions needed to solve the problems and assigns responsibilities for needed actions. In addition, proposals for new and increased discharges should receive greater scrutiny.

However, the NYSDEC has failed to implement a TMDL plan for Lake George or its tributaries. The current Draft New York State 2012 303(d) List states "The Restoration Strategy/TMDL effort to address silt and sediment loads to Lake George will be a comprehensive, lake-wide watershed effort and will consider additional lake tributaries that provide significant silt/sediment loads to the lake. The initial strategy focused on Finkle Brook and was public noticed for comment in 2005." The Waterkeeper felt the initial strategy for Finkle Brook was very weak and submitted public comment. There has been no proposed revisions by the NYSDEC in six years.

This is a complete failure of the NYSDEC to perform their required duties to protect the water quality of Lake George and a violation of the Clean Water Act. The Waterkeeper has concerns about the current approach by the NYSDEC for watershed management protection to address the pollutants causing the impaired waters of Lake George and their failure to act on the TMDL requirements.

The current Draft New York State 2012 Section 303(d) List of Impaired/TMDL Waters is available for public comment through March 2, 2012.

Local governments around Lake George call on the Lake George Park Commission to act to protect the lake from aquatic invasive species through a new mandatory boat inspection and decontamination program.

Last fall, the FUND successfully advocated that the Lake George Park Commission begin a formal review of a new program to eliminate the introduction of invasive species into Lake George by requiring that all boats entering the lake to be inspected and decontaminated. This potential new program for Lake George is based on a highly successful program underway now in Lake Tahoe. Many other parts of the US have also instituted mandatory boat inspections and decontamination programs. "A mandatory boat inspection program, such as the one underway around Lake Tahoe, has been found to be best way to stop the spread of aquatic invasive species," said Peter Bauer, Executive Director of the FUND for Lake George.

Support for a boat inspection program on Lake George is emerging from area local governments. The Town of Lake George passed a resolution calling for the Park Commission to take a hard look at this issue. This same resolution was passed by the Town of Ticonderoga. Other municipalities around the lake are also looking to pass this resolution. Lake George Village Mayor wrote a letter to the Park Commission urging them to forgo any studies and take quick action to protect the lake with a new boat inspection program. The Lake George Mirror also editorialized in favor of a new program. "There's clearly growing support from around the lake to do more to protect the lake from aquatic invasive species. If we continue with business as usual it's not a question of whether dangerous invasives species, such as hydrilla, quagga mussels, and water chestnut will infest the lake, but how soon they'll get here and become established. It's far cheaper for the Lake George community, and far better for the lake, to prevent infestations, rather than trying to control them once they become established" said Peter Bauer.

The Park Commission has organized an Invasive Species Committee, which is led by John Pettica of Pilot Knob, Joe Stanek of Diamond Point, and Dean Cook of Ticonderoga. Given the importance and high risk of invasive species to the lake, the Park Commission voted in January to make this effort a Committee of the whole and will continue to meet every other week outside of regular Park Commission monthly meetings.

Five new Lake George Fact Sheets have been released about threats of new aquatic and terrestrial invasive species.

77 Lake George Fact Sheets have been published to date, which provide excellent information on various issues facing Lake George, including property management, Low Impact Development, terrestrial and aquatic invasive species, and the fish of Lake George, among other subjects. This is a highly informative educational series that has been widely used by the public.

Five new Fact Sheets about aquatic and terrestrial invasive species have recently been posted to the FUND and Waterkeeper's website. Quagga mussels (Dreissenna burgensis) represent one of the greatest threats to Lake George. This invasive mollusk has taken over huge swaths of habitat in the Great Lakes and changes water quality for the worse. It is highly adaptable and can flourish in depths of up to 100 feet. One of the biggest aquatic plants threats is water chestnut (Trapa natans) which has taken over larges area in south Lake Champlain.

A new Fact Sheet was also published about curlyleaf
pondweed (Potamogeton crispus), which is an invasive plant that occupies a similar niche to that of Eurasian watermilfoil. Two new Fact Sheets have also been posted about two terrestrial plants giant hogweed (Heracleum mantegazziam) and chocolate vine (Akebia quinata). While neither has been identified in the Lake George watershed, both are now expanding ranges in New York State.

Thin ice has set up in various bays, but most of the lake remains open. Will Lake George freeze in 2012?

As this new issue of the Lake George e-News is being written at the end of January 2012 it's raining in Lake George -- again. And it looks like we're looking at temperatures that will stay around the freezing mark for some time to come. There has been little snow this winter. Between the unseasonably warm temperatures and lack of snow, ice has formed on the lake in small pockets in some of the bays, but the large basins are still open waters.

Prior to 1991, Lake George had only three years in which the lake did not freeze from south to north (as defined by being able to walk -- or snowmobile, ATV, or even drive a truck) on continuous ice from the south end to the north) in three years since 1908. These years are 1910, 1911 and 1919. But since 1991, the lake has failed to freeze completely eight times, while freezing 12 times. See the Lake George Freeze Chart, 1980 - 2011.

Independent public oversight of land use and development throughout the Lake George Watershed. The Waterkeeper tracks and monitors the major projects throughout the watershed.

This is hard work and nobody does it better than the Lake George Waterkeeper. The Lake George Waterkeeper provides independent public oversight of the regulatory review of major development projects in the Lake George watershed by local and state agencies. This is the most comprehensive and professional oversight effort around the lake. The Waterkeeper program provides expert public comments based on knowledge and experiences with state and local development regulations as well as professional stormwater engineering education, training and certification.

The Waterkeeper adds to this work extensive public education and outreach about the benefits of utilizing Low Impact Development techniques as well as how to improve stormwater treatment and management.

Skerrey Point subdivision: After three years of reviews and revisions, the Town of Putnam Planning Board has accepted the 4-lot Eliopolous subdivision of 8.5 acres on Skerrey Point (see photo of shoreline on the top right) and has scheduled a public hearing for February 8, 2012 at 7:00 PM. Skerrey Point is the southern shoreline of Gull Bay and is the home of the historic Blythewood mansion. The Town of Putnam Planning Board denied a previous 6-lot subdivision concept on the same property in January 2009 based on noncompliance with the Town's septic system regulations, failure to submit stormwater management plans and impact of the development to the character of the neighborhood. In the following three years, the subdivision application has been revised to reduce the number of lots from 6 to 4; implement a stormwater management plan; eliminate driveway impervious cover and retaining walls; and redesign of the onsite water treatment system (OWTS) for the existing gatehouse. Concerns remain about the proposed plan including the proposal to clear and blast an existing knob on Lot 3, the proposed 6,000 sf footprint for dwellings, installing stormwater management system in bedrock and the proposed location of a wastewater treatment easement for Blythewood on Lot 4.

The redevelopment of Lot #1 of the previous approved Wide Waters subdivision on Basin Bay in the Town of Bolton (see photo second from the top) requested significant variances at the January 2012 Town of Bolton Zoning Board of Appeals meeting. Originally, there was a pre-existing noncompliant dwelling on the shoreline, which was demolished, and proposed to be replaced with a structure that received variances from the Town of Bolton Zoning Board of Appeals in 2009. These granted variances have subsequently lapsed. The applicant is currently proposing a dwelling with a much larger footprint 18' from the shoreline (3' further from the lake) and requires variances for building height (35' maximum, 38' proposed, 41' previous dwelling) and for building length (120' maximum, 146' proposed). Due to the size of the proposed dwelling, a lot line adjustment is required between Lots 1 and 2. The proposed application appears to violate conditions of approval of the Town of Bolton Planning Board on the Wide Waters subdivision regarding clearing of trees and violates covenant restrictions placed on Lot #2 regarding clearing. There is also concern regarding the segmented review of the development on the property and environmental impacts to Basin Bay, which has experienced algal growth. Due to concerns raised by the Waterkeeper, the Town of Bolton Zoning Board of Appeals tabled the application and referred it to the Town of Bolton Planning Board for review.

Rockledge development: At least one aspect of the site development of the Rockledge property (photo is second from the bottom) is finally receiving a detailed review - the proposed commercial marina. The recent construction of the replacement dwelling setback 75' from the shoreline violated the Site Plan Review of the Town of Lake George Planning Board by significant excess clearing and grade alterations. But unfortunately the Town of Lake George Planning Board failed to issue Stop Work order and require a public hearing in order to accommodate the requests of the applicant to maintain construction schedule. However, the Lake George Park Commission has requested additional information regarding the proposed commercial marina, which will consist of 3 new "U shaped docks" along the main shoreline and reconfiguration of the existing docks, to accommodate a total of 17 slips, which includes 10 rental slips. The LGPC expressed concern of surface runoff and erosion on steep slopes from the proposed access to the shoreline condition of the existing restrooms and wastewater system; waste management plan and compliance history of the applicant with regards to the current construction project. The Commission tabled the application for a second month requesting additional information and presence of the applicant at the next hearing.

Andrews Bay subdivision: The controversial 2-lot subdivision application on Andrews Bay, which has been denied twice previously by the Lake George Park Commission, is being reworked. The applicant has revised the site plan to eliminate the variance request of the placement of infiltration controls within the 100 foot setback to Lake George. However, the site development still proposed the construction of a 9' high retaining wall to support the stormwater infiltration system; significant disturbance and clearing on 40% slopes with minimal soils; and the construction of a riprap channel on 40% slopes to the lake. The Waterkeeper's concerns remain regarding the treatment capability of the proposed stormwater system, excessive disturbance on steep slopes with little soil and the details of the site development plan.

Bear Pond Ranch: The proposed expansion of the Bear Pond Ranch for a 3,450 ft zip line from the ridge of French Mountain to the existing ranch is under review. Access to the zip line is proposed over the infamous "French Mountain Memorial Highway," (see the bottom photo above that shows a stretch of this road being built) a supposed logging road that was constructed without site plan review in 2006. The project application was submitted to Town of Lake George and Town of Queensbury Planning Boards, who both requested lead agency status for the SEQR review. It was also determined by the Adirondack Park Agency that the project was jurisdictional and the existing APA permit would have to be amended. The Waterkeeper has significant concerns about the project: failure by Planning Boards to review the access road, which does not comply with the Town of Lake George Code; segmentation of environmental review of the development of the resort; failure of the applicant to comply with existing conditions of approval; and, the need to adequately address wastewater treatment and stormwater management. The project applications are currently tabled pending review by the APA.

Join us on Facebook and become a fan.

The FUND is actively working to expand our network of supporters around Lake George. Now you can join us on facebook and follow the major events around Lake George. Become a fan of the FUND for Lake George and Lake George Waterkeeper today.

Make sure you send this Lake George e-News to friends and family who care about Lake George. Sign up to receive the Lake George e-News and other e-bulletins from the FUND for Lake George and Lake George Waterkeeper.

Send us an email and we'll add you to our list so that you receive regular copies of the Lake George e-News as well as other bulletins. Stay current on the major issues around Lake George.

Make an online contribution to the FUND for Lake George.

Please help support our work to protect Lake George. Make an online contribution to the FUND for Lake George and Lake George Waterkeeper today. We depend upon the generosity of supporters like you. Thank you very much!