Action to Ensure the UMP is Consistent with Voter-approved Constitutional Amendment That Allows NYCO to Conduct Exploratory Sampling

The New York State Department of Environmental Conservation (DEC) today submitted a proposed amendment to the 2010 Jay Mountain Wilderness Unit Management Plan (UMP) to the Adirondack Park Agency (APA) to ensure the UMP is consistent with the constitutional amendment approved by voters in November 2013 that permits exploratory sampling on the state-owned parcel in the Town of Lewis, Essex County, DEC Commissioner Joe Martens announced.

The constitutional amendment authorizes NYCO Materials, Inc. to conduct sampling on the 200-acre parcel, known as Lot 8, to determine the quantity and quality of wollastonite on the site, which is adjacent to the company’s long-standing mine. The exploratory sampling will also provide information that DEC will use to accurately appraise the value of Lot 8 for a potential land exchange if NYCO decides to expand its mining operations.

“This is an important step in the process to evaluate the site for a potential land exchange between the State and NYCO that would expand public access and recreation opportunities in the Adirondacks, while also supporting the regional economy,” Commissioner Martens said.

The current Jay Mountain Wilderness Area includes Lot 8, which is part of the State Forest Preserve and is governed by Article XIV, Section 1 of the State Constitution (Article XIV). The property is also subject to the provisions of the Adirondack Park State Land Master Plan (APSLMP) as outlined in the 2010 Unit Management Plan for the Jay Mountain Wilderness area.

The amendment is intended to:

recognize that a constitutional amendment approved by the voters on November 5, 2013 implicitly repeals APSLMP guidelines for Wilderness that otherwise would prohibit NYCO’s mineral sampling operations within the Jay Mountain Wilderness area;
make the UMP consistent with the constitutional amendment; and
note that detailed terms and conditions governing the mineral sampling operations will be set forth in a Temporary Revocable Permit (TRP) issued by DEC.
If Lot 8 is ultimately conveyed to NYCO, an amendment to the APSLMP’s area description of the Jay Mountain Wilderness Area will recognize that Lot 8 will no longer be contained in the Wilderness Area.

The Constitutional amendment approved by statewide voters revised restrictions related to Lot 8 to allow NYCO to conduct mineral sampling to determine the quantity and quality of wollastonite on approximately 200 acres of Forest Preserve lands. Data and information from this the drilling sampling will be provided to the State so that a land appraisal can be made.

During this first phase to implement the constitutional amendment, Lot 8 will remain part of the State Forest Preserve, subject to Article XIV. However, for the limited purpose of the sampling operations, the amendment suspends Article XIV directives that Forest Preserve lands must be “forever kept as wild forest lands” and that timber situated on the lands will not be “removed, sold or destroyed.” This will allow for the creation of corridors and areas required for transportation of equipment, development of drill pads and the use of mechanized mineral sampling equipment. The second phase, conveyance of Lot 8 to NYCO, will occur after the State has appraised the value of Lot 8.

If NYCO decides not to expand its existing wollastonite mine onto adjacent Lot 8, then the company is required to compensate the State for the disturbance resulting from the mineral sampling operations. NYCO will be required to convey to the state an amount of land no less than the acreage and value of the portions of Lot 8 disturbed by the sampling operations. These parcels, to be added to the Forest Preserve, would be subject to approval by the State Legislature.

If NYCO opts to expand its mine onto Lot 8, the company must convey to the state other lands that are equal to or greater than the acreage and assessed land value of Lot 8, and the total assessed value must be at least $1 million. The lands to be conveyed also would require State Legislature approval.

In addition, when NYCO terminates all mining operations on Lot 8, the company will be required to reclaim the site and convey title to these lands back to the state for inclusion in the Forest Preserve.

Lot 8 was assessed by the New York Natural Heritage Program in July 2013 and inventoried by DEC staff in early 2014. These site visits helped to determine if any significant natural communities or unique forest traits are present and to obtain a general assessment of the existing forest stand relative to surrounding forest areas. The assessment did not identify any unusual or unique resources on the site, especially in the context of surrounding state lands.