lake george park commission project synopsis meeting … · 5/12/2020 · the project is unlisted...

LAKE GEORGE PARK COMMISSIONPROJECT SYNOPSIS

May 26, 2020Meeting DateApplicantBrett West

ParcelFacilityPrivate Lakefront

Application #5234-14-20 SPS MAJOR

Location106 Bay Parkway

Lakefront 440 feet3 straight, T, L, U, F or 2 E docks& 3 moorings

Date Received04/22/2020

Comment period ends05/21/2020

SEQR typeUnlisted Action

The applicant, Brett West, has applied for a Special Recreational Use Permit to berth a seaplane, a 2018 Icon A5, at his residentialproperty located at 105 Bay Parkway in the Town of Queensbury. The seaplane is proposed to be berthed at an existing dock, andno construction is proposed. The applicant estimates 25 seaplane trips on the Lake per year.

The subject property is located at the northern tip of Assembly Point, and straddles zones identified in the 2015 Lake GeorgeRecreation Study as 3B and 3G. The 2015 Lake George Recreation Study indicates that Zone 3B is over capacity for boatingactivity. Six percent of individuals surveyed for the study reported congestion in this zone. Zone 3G is also identified as being overcapacity for boating activity with 7% of those surveyed identifying this area as being congested. The berthing location is located ina 5mph zone. Due to the 5mph zone, boating activity, as well as water conditions, the applicant has indicated that 80% oftakeoff/landing activity occurs 3+ miles from the berthing location with the remaining 20% occurring within 1 mile of the berthinglocation. During calm conditions, takeoff/landing is listed as occurring 300 yards east of Long Island.

Data available for the subject seaplane indicate it will comply with the limits on vessel noise.

There is no apparent jurisdiction for the APA, DEC, or Town.

Background

Berthing of one seaplane at a residential dock

Regulatory DeterminationsSEQRAA decision under the State Environmental Quality Review Act (SEQRA) is required. The project is unlisted and the SEQRA reviewis uncoordinated. A negative declaration was prepared by staff.

SPECIAL PERMITS FOR RECREATIONAL USESGeneral Provisions Applicable to Special Permits pursuant to 6NYCRR 646-1.5:

(a) "Prior to the issuance of any special permit pursuant to the provisions of this Subpart, the Commission may require submissionof information necessary to determine whether the proposed activity will result in overcrowding, congestion, safety hazards orimpair the water quality or other environmental resources of the Park. This may include, but not be limited to, specifications on thecraft, its power, maneuverability, craft speed, equipment, noise output, lighting, wake, proposed operation including points ofdeparture and landing, course, speed of operation and hours of operation."

(b) "The Commission may require the submission of alternative design, equipment or methods of operation to mitigate specificimpacts identified by the Commission."

Queensbury226.15-1-17

Project

Assembly Point

May 12, 2020Date prepared

LAKE GEORGE PARK COMMISSIONPROJECT SYNOPSIS

May 26, 2020Meeting Date

FINDINGS FOR MARINAS, DOCKS, MOORINGS APPLSThe Commission must make findings under provision 6NYCRR 646-1.6(a):

"Prior to granting any permit relative to a dock, wharf, mooring or marina, the Commission shall ascertain the probable effect of theproposed facility and the operation thereof on the health, safety and welfare of the public and on the resources of the Park. TheCommission shall also ascertain the impact of the proposed facility upon the congestion of Lake George and the probable visual,cultural and audible effects of the proposed facility on the neighborhood in which the facility is proposed and on the Park. Wherethe Commission determines that the facility will have an undue impact upon the health, safety, or welfare of the public or theresources of the park, lead to overcrowding or congestion, or cause undue visual, cultural or audible impacts on the neighborhoodor the Park, a permit shall be denied."

May 12, 2020Date prepared

NYS ITS GIS Program Office, Westchester County GIS

¯1 " = 100 feetIMPORTANT NOTICE AND DISCLAIMERThis map and information is provided as is. We make no warranties or guarantees, expressed or implied.The user assumes all risks and responsibility for determining whether this map is sufficent for purposes intended.The data is deemed reliable but not guaranteed.

0 240120Feet Lands of West

106 Bay PkwayTM# 226.15-1-17Town of QueensburyAir Photo ca. 2018

Lands of West



0 480240Feet Lands of West


Lands of West

4A 4B

3A

3B 3D

2B

5A 5B

3F

3E

2A

4C

5D



0 4,8002,400Feet Lands of West


Lands of West



0 20,00010,000Feet Seaplanes in the South Basin

Permit 5220-39-15 2 Seaplanes

Permit 5220-67-161 Seaplane

Permit 5234-6-201 Seaplane

West Application1 Seaplane

Lake GeorgeVillage

DiamondPoint

BoltonLanding

HulettsLanding

Hague

State BoatLaunch

Rogers RockState Campground

Anthony's Nose

Mallory Pt

Bluff HeadSabbath DayPoint

Silver Bay

Shelving Rock

PilotKnob

KattskillBay

CleverdaleHearthstone StateCampground

TongueMt

DunhamsBay

HarrisBay

SandyBay WarnerBay

EchoBay

Boon Bay

Cotton Pt

Basin BayHuddle Bay

Sawmill Bay

NorthwestBay

CanoeLaunch

The Narrows

Paradise Bay

Black MtPoint

MotherBunchIslands

Gull Bay

Blairs Bay

RogersSlide

6B

8F

6A

2B

3A4B

8G

5A 5B

7B7A

8A8B

12B

9B

12A

11A

13B

4A

15A

3B

15B

11B

13A

10A

3D

9A

14A

1B

10B

14B

2A1A

6C

16B16A

15C

3F

7C

3E

2D

8C

11C

16C

13D

16E

5C

13E

9D

11D

13C

6D

4C

8E

3C

9C

10C

16D

1C

12D12C

10D

9E

8D

5D

3G

2C

May, 2016

Lake George 2015 Recreation StudyLake Zones Map

0 21Miles

1A LG Village, west side1B LG Village, east side1C Tea Island2A Hearthstone Point2B Plum Pt / Woods Pt area2C Hearthstone Campground2D Dunham's Bay3A Cannon Pt area3B Assembly Pt area3C Still Bay3D Harris Bay3E Sandy Bay3F Warner Bay3G Assembly Point Channel4A Long Island West4B Long Island East4C Elizabeth Island 5A Rush Island area5B Whipple Island area5C Boon Bay5D Echo Bay6A Cotton Point area6B Pilot Knob area6C Basin Bay6D Andrews Bay7A Clay Island - Dome Island7B Watch Point area7C Huddle Bay8A Northwest Bay, west side8B Northwest Bay, east side (Tongue Mt)8C Sawmill Bay8D Shelving Rock Bay8E Log Bay8F Huckleberry Island8G Bolton Bay & east of Green Island9A Narrows, west side9B Narrows, east side9C 14 Mile Island9D Red Rock Bay9E Glen Island

10A Dollar Island Group area10B Black Mtn Point area10C Paradise Bay10D Black Mtn Point

11A Harbor Islands area11B Mother Bunch Island area11C Harbor Island11D Huletts Landing12A Sabbath Day / Silver Bay12B Bluff Head area12C Werner's Bay12D Bass Bay13A Pardo Point area13B Mallory Island area13C Arcady Bay13D Hague Bay13E Gull Bay14A Waltonian Islands area14B Rock Bro's Is / Brown's Pt15A Friend's Pt / Roger's Rock15B Brown's Pt / Weed's Bay15C Blairs Bay16A Ticonderoga area, west side16B Ticonderoga area, east side16C Heart Bay16D Mossy Point16E North of natural dam

Zone Over Capacity

LA GroupLake George Recreation Survey 2015

977 Lake George Boaters, Dock Owners Recreation Visitors

Copy of LAGroup Crosstabs 8 of 13

Total Dock Boat Recreation Male Female Under 40 40 to 49 50 to 6465 and older

Year-round resident

Seasonal visitor

Visitor/Day-user Rural

Under 5,000 people

5,000 to 24,999 people

25,000 to 99,999 people

Over 100,000 people

1A: LG Village, east side 15% 13% 14% 15% 14% 18% 25% 11% 15% 14% 19% 13% 15% 17% 14% 15% 12% 15%1B: LG Village, west side 19% 19% 18% 21% 18% 21% 21% 13% 19% 20% 24% 17% 17% 19% 18% 18% 19% 24%1C: Tea Island Channel 4% 4% 4% 5% 4% 4% 2% 1% 4% 6% 7% 4% 1% 4% 5% 4% 0% 7%2A: Hearthstone Point 3% 2% 3% 2% 2% 3% 1% 3% 3% 2% 5% 2% 2% 2% 5% 2% 0% 3%2B: Plum Pt / Woods Pt area 2% 2% 2% 1% 2% 2% 2% 1% 2% 2% 3% 1% 1% 1% 4% 1% 2% 2%2D: Dunham's Bay 6% 8% 6% 5% 5% 6% 6% 1% 5% 8% 9% 5% 4% 6% 5% 5% 5% 5%3A: Cannon Pt area 2% 2% 2% 2% 1% 3% 3% 3% 2% 1% 2% 1% 3% 1% 4% 1% 1% 4%3B: Assembly Pt area 6% 7% 6% 7% 5% 9% 11% 7% 6% 4% 9% 6% 4% 5% 6% 8% 3% 5%3C: Still Bay 1% 1% 1% 0% 1% 1% 1% 0% 1% 1% 2% 0% 0% 0% 3% 1% 0% 0%3D: Harris Bay 6% 10% 6% 6% 6% 7% 4% 3% 7% 8% 10% 6% 4% 6% 11% 5% 3% 5%3E: Sandy Bay 14% 20% 15% 14% 13% 18% 13% 15% 14% 14% 22% 13% 8% 13% 17% 15% 14% 10%3F: Warner Bay 4% 7% 4% 4% 4% 4% 2% 3% 5% 4% 9% 2% 2% 3% 8% 3% 2% 4%3G: Assembly Pt Channel 7% 11% 7% 5% 7% 8% 7% 1% 7% 9% 10% 7% 3% 7% 7% 8% 5% 5%4A: Hayden Point area 1% 1% 1% 1% 0% 2% 2% 1% 1% 1% 1% 1% 0% 0% 1% 1% 0% 2%4B: Long Is / Van Warmer Bay 4% 5% 4% 4% 4% 5% 5% 7% 4% 2% 6% 3% 4% 5% 4% 3% 5% 7%4C: Elizabeth Is Channel 1% 2% 1% 2% 1% 2% 0% 0% 1% 2% 1% 2% 0% 1% 2% 1% 0% 2%5A: Rush Island area 1% 1% 1% 1% 1% 2% 2% 1% 1% 1% 1% 1% 0% 0% 2% 1% 1% 2%5B: Whipple Island area 1% 1% 1% 1% 1% 0% 0% 1% 1% 1% 0% 1% 0% 0% 1% 1% 0% 2%5C: Boon Bay 2% 3% 2% 2% 2% 1% 1% 2% 2% 2% 3% 2% 0% 2% 2% 1% 1% 3%5D: Echo Bay 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 0% 1% 2% 0% 0% 1%6A: Cotton Point area 3% 6% 3% 4% 3% 2% 3% 3% 3% 3% 4% 4% 0% 2% 2% 3% 5% 3%6B: Pilot Knob area 5% 8% 5% 6% 5% 4% 5% 3% 6% 5% 7% 5% 2% 6% 5% 6% 1% 5%6C: Basin Bay 9% 15% 9% 8% 10% 6% 7% 6% 11% 8% 16% 9% 2% 8% 13% 7% 12% 5%6D: Andrews Bay 0% 0% 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 1% 0% 1% 1% 0% 0%7A: Clay - Dome Islands 4% 5% 5% 5% 5% 3% 5% 6% 4% 3% 4% 4% 4% 5% 4% 4% 2% 4%7B: Watch Point area 2% 2% 2% 2% 2% 1% 2% 3% 2% 1% 2% 2% 2% 1% 2% 3% 0% 2%7C: Huddle Bay 5% 7% 5% 7% 5% 5% 4% 3% 5% 7% 6% 5% 4% 4% 8% 5% 4% 4%8A: NW Bay - West side 2% 2% 1% 2% 1% 2% 1% 0% 2% 2% 2% 1% 1% 3% 1% 1% 2% 0%8B: NW Bay - East side (Tongue) 2% 2% 1% 2% 1% 2% 1% 1% 2% 2% 2% 2% 1% 3% 0% 1% 0% 4%8C: Sawmill Bay 2% 3% 3% 2% 3% 2% 6% 3% 2% 2% 4% 2% 1% 3% 2% 2% 1% 4%8D: Shelving Rock Bay 8% 11% 9% 9% 7% 11% 11% 6% 8% 9% 14% 7% 6% 9% 10% 8% 4% 10%8E: Log Bay 20% 25% 21% 20% 19% 22% 21% 20% 17% 22% 28% 18% 13% 22% 21% 20% 15% 16%8F: Huckleberry Is. area 3% 4% 3% 2% 3% 2% 4% 4% 3% 1% 3% 4% 1% 2% 2% 4% 2% 2%8G: Bolton Bay & E of Grn. Is. 10% 12% 10% 10% 10% 10% 10% 10% 10% 10% 8% 12% 7% 12% 7% 11% 9% 10%9A: Narrows - west side 5% 5% 5% 5% 4% 5% 6% 3% 5% 4% 4% 5% 4% 7% 3% 4% 4% 5%9B: Narrows - east side 8% 8% 8% 9% 8% 8% 8% 8% 8% 8% 11% 7% 7% 9% 8% 9% 5% 8%9C: 14 Mile Island Channel 2% 3% 2% 3% 2% 2% 5% 0% 2% 3% 3% 2% 2% 2% 2% 3% 1% 2%9D: Red Rock Bay 5% 6% 6% 4% 6% 5% 3% 3% 7% 5% 8% 5% 4% 6% 8% 5% 2% 5%9E: Glen Island 6% 7% 6% 5% 6% 5% 7% 4% 5% 7% 7% 6% 4% 7% 9% 4% 5% 4%9F: Paradise Bay 8% 11% 8% 7% 8% 6% 4% 4% 7% 12% 9% 9% 4% 7% 10% 8% 5% 8%10A: Dollar Island Group area 1% 1% 1% 1% 1% 1% 3% 1% 1% 1% 2% 1% 1% 1% 1% 1% 2% 0%10B: Black Mtn Point area 2% 2% 2% 3% 2% 2% 4% 2% 2% 2% 4% 2% 2% 2% 4% 2% 2% 1%10D: Black Mtn Point 2% 1% 2% 2% 2% 2% 3% 1% 2% 2% 2% 2% 1% 2% 3% 2% 1% 0%11A: Harbor Islands area 0% 1% 0% 0% 0% 0% 2% 0% 0% 0% 1% 0% 0% 0% 1% 0% 0% 0%11B: Mother Bunch Island area 2% 2% 2% 2% 2% 3% 2% 1% 2% 2% 2% 2% 2% 2% 4% 1% 2% 5%11C: Harbor Island 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 1% 0% 0%11D: Hulett's Landing 1% 1% 1% 1% 1% 1% 1% 0% 1% 1% 1% 1% 0% 1% 2% 0% 1% 0%

Where, if anywhere, did you feel there was boat congestion on the Lake? (Check all that apply).Use of Lake George Gender Age Association with Lake George Home Community

LA GroupLake George Recreation Survey 2015

977 Lake George Boaters, Dock Owners Recreation Visitors

Copy of LAGroup Crosstabs 9 of 13

12A: Sabbath Day / Silver Bay 1% 1% 1% 1% 0% 2% 0% 1% 1% 1% 0% 1% 0% 1% 1% 0% 1% 3%12B: Bluff Head area 0% 1% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% 1%12C: Werner's Bay 1% 2% 1% 1% 1% 1% 1% 0% 1% 2% 0% 2% 1% 0% 1% 2% 2% 0%12D: Bass Bay 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0%13A: Pardo Point area 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% 0%13B: Mallory Island area 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% 0%13D: Arcady Bay 0% 1% 0% 0% 0% 1% 0% 1% 0% 0% 0% 1% 0% 0% 0% 0% 2% 0%13E: Hague Bay 2% 3% 2% 2% 2% 1% 2% 1% 1% 3% 1% 3% 0% 1% 2% 2% 2% 1%13F: Gull Bay 0% 1% 0% 1% 1% 0% 0% 0% 1% 0% 1% 0% 0% 0% 1% 1% 0% 0%14A: Walltonian Islands area 2% 2% 2% 2% 1% 2% 2% 2% 2% 1% 1% 2% 1% 2% 2% 1% 1% 3%14B: Rock Bro's Is / Brown's Pt 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0%15A: Friend's Pt / Roger's Rock 1% 2% 1% 2% 1% 1% 1% 1% 1% 1% 1% 1% 1% 2% 2% 1% 1% 0%15B: Brown's Pt / Weed's Bay 1% 2% 1% 1% 1% 1% 2% 0% 1% 0% 0% 1% 0% 1% 0% 1% 1% 1%15C: Blairs Bay 0% 1% 0% 0% 0% 0% 1% 0% 0% 0% 1% 0% 0% 0% 1% 0% 0% 0%16A: Ticonderoga area - West side 1% 2% 1% 0% 1% 1% 2% 0% 1% 2% 2% 1% 0% 2% 1% 1% 1% 2%16B: Ticonderoga area - East side 1% 3% 1% 1% 1% 1% 1% 0% 1% 2% 2% 1% 0% 2% 2% 1% 1% 2%16C: Heart Bay 0% 1% 0% 0% 1% 0% 1% 1% 0% 0% 0% 1% 0% 0% 0% 1% 0% 1%16D: Mossy Point 1% 2% 1% 0% 1% 0% 1% 1% 1% 1% 3% 0% 0% 2% 1% 0% 0% 0%16E: N. of natural dam 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0%Did not feel there was boat congestion on the Lake

35% 24% 35% 37% 37% 30% 31% 35% 36% 36% 24% 35% 48% 37% 29% 37% 35% 35%


Year-round resident

Seasonal visitor


Under 5,000 people

5,000 to 24,999 people

25,000 to 99,999 people

Over 100,000 people

Boated earlier or later in the day 29% 34% 29% 30% 27% 36% 21% 32% 31% 28% 37% 28% 23% 26% 36% 26% 31% 32%Boated more often earlier or later in the season

17% 20% 17% 15% 16% 18% 12% 15% 19% 15% 31% 12% 13% 21% 20% 15% 18% 8%

Boated more on weekdays than weekends or holidays

40% 49% 40% 42% 36% 49% 30% 25% 38% 53% 55% 37% 28% 42% 51% 35% 36% 36%

Boated other areas of the lake than where I prefer

11% 10% 11% 14% 10% 13% 23% 11% 11% 7% 11% 11% 11% 9% 10% 10% 16% 13%

Canceled certain boating activities (e.g., water-skiing)

9% 15% 9% 12% 8% 12% 20% 11% 9% 5% 11% 11% 4% 6% 12% 8% 11% 12%

Boated on other water bodies 5% 2% 5% 6% 5% 3% 8% 5% 5% 3% 6% 3% 8% 6% 6% 5% 2% 1%None of the above 44% 40% 44% 43% 47% 36% 46% 51% 43% 41% 27% 49% 50% 41% 33% 48% 45% 48%


Year-round resident

Seasonal visitor


Under 5,000 people

5,000 to 24,999 people

25,000 to 99,999 people

Over 100,000 people

Yes 88% 92% 88% 88% 88% 88% 80% 88% 89% 91% 93% 89% 81% 91% 89% 88% 83% 91%No 12% 8% 12% 12% 12% 12% 20% 12% 11% 9% 7% 11% 19% 9% 11% 12% 17% 9%

Did you change your plans or modify your behavior in any of the following ways because of problems you experienced on your recent visit to Lake George? (Check all that apply).Use of Lake George Gender Age Association with Lake George Home Community

Are you aware of the special Rules and Regulations on Lake George for governing speed, engine noise, anchoring, PWC use, parasailing, etc.?Use of Lake George Gender Age Association with Lake George Home Community

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TCDSN EASA.A.306 Page 1/6Issue 4, 22 November 2010

European Aviation Safety Agency

EASA

TYPE-CERTIFICATE

DATA SHEET FOR NOISE

APM 20

Type Certificate Holder: Issoire Aviation

Aérodrome d’Issoire BP 1

63500 Issoire FRANCE

For models : APM 20 APM 30

Issue 4, 22 November 2010

N EASA.A.306 Page 3/6 e 4, 22 November 2010

Type Certificate Holder* Issoire Aviation Aircraft Type Designation* APM 20 Engine Manufacturer* BRP - Rotax GmbH & Co.KG Engine Type Designation* Rotax 912 A2 Noise Certification Basis ICAO Annex 16, Volume I Edition / Amendment Chapter* 10 (10.4a)

Take-off dB(A)

EASA Record No.

Propeller Manufacturer *

Propeller Type Designation * Additional modifications**

Maximum Take-off

mass* (kg) Level * Limit

C2339 EVRA 164/152/116 Silencer : Standard Rotax exhaust 634 67,2 76,8

TCDSIssu

* Items so marked shall be included on EASA Form 45. ** Additional modifications essential to meet the requirements or needed to attain the certificated noise levels. Items so marked shall be included on EASA Form 45

Joe

Text Box

Noise specs from an engine similar the one used in the Icon A5

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 21

Reclamation has identified seven Golden eagle or other raptor nests around the lake as shown in Figure 3-2. Additionally, Putah Creek Wildlife Area (State of California) and Stebbin Cold Canyon Reserve (University of California, Davis) are located along Putah Creek immediately down stream of Monticello Dam (Figure 3-1). In July 2015, 330,780-acres of land managed by the US Forest Service and Bureau of Land Management were combined to establish the Berryessa Snow Mountain National Monument. A portion of the monument is located west of Lake Berryessa and another isolated part of the monument is located near Putah Creek downstream Monticello Dam.

3.3.2 Environmental Consequences and Minimization Measures

3.3.2.1 No Action Alternative

Under the No Action Alternative, Reclamation would not issue authorization to ICON for the use of the air space or water surfaces of Lake Berryessa. There would be no noise impacts.

3.3.2.2 Proposed Action

A noise study (Environmental Noise Assessment, ICON Aircraft Lake Berryessa, 2018, Bollard Acoustical Consultants, Inc.) attached to this EA as Appendix A, was prepared to evaluate the effects of aircraft noise on sensitive receptors. The study established existing lakeside noise levels and then, over a five day period in October 2018 monitored noise levels at six lakeside locations (Figure 3-2) generated by ICON aircraft flying standard flight paths that will be used in normal flight operations conditions.

The results of the study are summarized in Table 3-4.

Table 3--4Predicted ICON Aircraft Noise Levels at Sensitive Receptors

And Evaluation of Project Noise Impacts(Source: Bollard Acoustical Consultants, Inc. with telemetry data provided by ICON

Aircraft)

Site

Distance

(feet)1

Ambient

Lmax, dBA2

ICON LmaxdBA

Lmax

due to ICON

Aircraft

Increase in Lmax Levels?3

Ambient Ldn dBA4

ICON Ldn, dBA5

Ldn due to ICON Aircraft

Increase in Ldn?

Noise

Impact?

1 2,203 81-101 57 0 No 62 37 0 No No 2 9,023 68-75 50 0 No 47 28 0 No No 3 2,132 69-79 58 0 No 47 37 0 No No 4 9,625 69-79 48 0 No 46 27 0 No No 5 1,998 65-72 58 0 No 41 37 0 No No 6 1,349 65-72 64 0 No 42 40 0 No No

1. Closest distance between noise measurement site and aircraft flight path.2. Ambient maximum noise levels (Lmax) were based on the highest individual daytime maximum noise levels. 3. Because the baseline ambient conditions at Sites 2-6 were all below 60 dB Ldn, the threshold for a finding of a substantial noise increase would be 5 dB for those sites. Because baseline ambient conditions at Site 1 were between 60 and 65 dB Ldn, the threshold for a finding of a substantial noise increase would be 3 dB for Site 1.4. The ambient Ldn is the average Ldn reported for each site.

Joe

Callout

Study results on noise cited by applicant/Icon

617.21 State Environmental Quality Review

NEGATIVE DECLARATION Notice of Determination of Non-Significance

Project Number: 5234-14-20 SPS Date: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Lake George Park Commission has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: West

Seaplane Berthing: Special Permit for Recreational Use SEQR Status: Unlisted Description of Action: Berth a seaplane at a residential dock Location: Parcel: 226.15-1-17, 106 Bay Parkway, Queensbury Reasons Supporting This Determination: The applicant, Brett West, has applied for a Special Recreational Use Permit to berth a seaplane, a 2018 Icon A5, at his residential property located at 105 Bay Parkway in the Town of Queensbury. The seaplane is proposed to be berthed at an existing dock, and no construction is proposed. The applicant estimates 25 seaplane trips on the Lake per year. The subject property is located at the northern tip of Assembly Point, and straddles zones identified in the 2015 Lake George Recreation Study as 3B and 3G. The 2015 Lake George Recreation Study indicates that Zone 3B is over capacity for boating activity. Six percent of individuals surveyed for the study reported congestion in this zone. Zone 3G is also identified as being over capacity for boating activity with 7% of those surveyed identifying this area as being congested. The berthing location is located in a 5mph zone. Due to the 5mph zone, boating activity, as well as water conditions, the applicant has indicated that 80% of takeoff/landing activity occurs 3+ miles from the berthing location with the remaining 20% occurring within 1 mile of the berthing location. During calm conditions, takeoff/landing is listed as occurring 300 yards east of Long Island. Data available for the subject seaplane indicate it will comply with the limits on vessel noise. The use will not significantly increase traffic on the Lake, nor will it create a significant hazard to

environmental resources or human health. There is no apparent jurisdiction for the APA, DEC, or Town. The waters of Lake George, all land lying under such waters and within 500 feet of the mean high-water mark of such waters, and wetlands located adjacent to the waters of Lake George and all land within 500 feet of such wetlands are designated a Critical Environmental Area pursuant to Section 617.4(h) of the State Environmental Quality Review Act regulations (6NYCRR) and 645-3.8 of the Lake George Park Commission regulations (6NYCRR). The reason for this designation was and is to afford increased protection of a unique resource of state-wide significance and to recognize and protect the exceptional natural beauty, scenic quality, water quality, fish & wildlife habitat, historic significance, recreational resources and ecological sensitivity of the Lake. For Further Information: Contact Person: Joe Thouin Lake George Park Commission, PO Box 749, Lake George NY 12845 Telephone Number: (518) 668-9347 Fax (518) 668-5001 E-mail [email protected]

ept “Have my responses been reasonable considering the scale and context of the proposed action?”

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Application Materials

Application Addendum: Responses Provided by Applicant

Applicant: Brett West Application: 5234‐14‐20 Special Permit for Seaplane Property: TM# 226.15‐1‐17, Town of Queensbury

1. Area of Operation:

Response: I would estimate 80% of my landings/takeoff are done beyond 3 miles from my home, many

15+ miles away in the Northern basis where it is always calmer and MUCH less boat traffic. The 20% near

my home were all done within a 1 mile radius of my home, from the south, west, east and north. My

aircraft is very small, and these environmental factors impact it significantly. Larger commercial

seaplanes are not impacted as much, thus they tend to have defined areas of operation. (Like on Long

Lake.)

2. The subject facility is located at a busy, physically constricted navigational channel on the

Lake. Please clarify how the seaplane may be utilized so as to avoid conflict with other recreational

uses.

Response: As stated earlier, I rarely land anywhere near my home for this very reason. Small seaplanes

must avoid boat wakes. In fact, I never once landed on a summer weekend in the entire southern basis

(with exception of northern Northwest Bay), just too rough from boat wakes...

3. Seaplanes are subject to the same noise restrictions as vessels on Lake George. Provide the

manufacturer specs on decibel levels for the plane.

Response: I inquired with Icon Aircraft… and I have attached there response… I have also attached a

report from the U.S. Department of Interior which had a finding of “no significant impact” with their

research on the Icon Aircraft, the airplane I fly.

4. Please clarify if the seaplane is proposed for private use or for hire.

Response: Private. It only has 2 seats, I am alway in one of them, rarely is someone in the other seat.

5. Clarify how the seaplane will be secured to the dock (eg. ropes, whips, lifts, etc.), and if any dock

modification will be necessary to secure the seaplane to the dock.

Response: The answer is 1/8” ropes. No modifications to the dock.

6. Please clarify if any dock modifications will be necessary to facilitate passenger ingress/egress to the

seaplane (eg. ramps, stairs, projections).

Response: The answer is no modifications...

7. Commission regulations state that seaplanes must be operated in a manner so as not to cause

unnecessary audible impacts to adjacent property owners. Please clarify how the proposed seaplane

will be operated so as to conform with this requirement.

Response: I live in the 5 mph zone, thus my neighbors are in the 5 mph zone too. I can not take off (when

plane is loudest because it requires full power) in any 5 mph zone for obvious reasons, nor can I land for

that matter. My takeoff speed is about 40 knots, and 45 knots on landing. So no neighbors will be, or

have been impacted by my noise.

8. Related to the above, please identify the proposed hours of operation for the seaplane.

Response: I operate it in accordance with FAA regulations.

9. Please clarify if the subject seaplane is amphibious, and has the potential to land at an airport if

conditions on the Lake are not favorable for landing.

Response: Yes it is amphibious. It's hangared nightly at the Warren County Airport…

10. Identify other waterbodies the subject plane will be visiting, and the aquatic invasive species

prevention measures that may be employed to reduce any potential for the plane to act as an AIS

transport vector between waterbodies.

Response: As a lifelong resident of Lake George I am very concerned about the state of our lake and

evasive species…My seaplane (for safety reasons) has an aggressive bilge. It is a significant safety hazard

for a seaplane to have any water in it, as it can change the CG (center of gravity) which can render the

aircraft uncontrollable. Literally, a very big deal and very important we remain dry, and we verify we are

dry before every takeoff. When the aircraft is on the water, the bilge runs continuously. We do not

takeoff until we confirm all water is fully purged (literally on the pre‐takeoff checklist.) For what it is

worth, my aircraft has never had water come out of the bilge, as it is extremely water tight, I am lucky,

as most are not. I visually look in the haul before every flight. My seaplane is propelled by an air

propeller, thus nothing is in the water (like an outdrive) to pickup aquatic plants. Once the aircraft has

become airborne, due to the wind, the exterior of the aircraft frame completely dries within a minute.

But to the question, I have been in Long Lake, Saranac Lake, Tupper Lake in recent memory. My aircraft

is a flying boat, meaning I do not have pontoons. Pontoons can pick up aquatic vegetation. My flying

boat design means the hull of aircraft is what floats me. (Photo attached for better understanding.)

Flying boats can not pick up aquatic vegetation by design. The irony of this question is there is warning

in the Seaplane Association’s directory of lakes in the USA, under Lake George they warn pilots, and I

quote, “Lots of invasive species present in lake. Try not to land in other lakes without checking floats for

foreign vegetation and other critters.” Again, my plane does not have floats, but their warning is

somewhat ironic to the nature of your question in that they view LG as a swamp of problems.

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Joe Thouin

From: Joe ThouinSent: Tuesday, May 12, 2020 4:44 PMTo: Joe ThouinSubject: FW: Seaplane Application

From: Yuko Oda <[email protected]> Subject: RE: Quick Question Date: October 21, 2019 at 3:31:24 PM EDT To: Brett West <[email protected]> Hi Brett, I apologize for the delay, I was out of the office last week. We don’t typically give out this type of info because it is highly variable depending on where you are in relation to the aircraft (altitude/distance from the aircraft) and engine RPM. If you could provide information on governing body what their noise limitations are or what testing needs to be provided, we can help provide the data if it’s something we have. If it’s helpful, I have attached our use permit for Lake Berryessa issued by the Bureau of Reclamation. The BOR came out to the lake and took sound measurements to support the issue of this permit. Please let me know if I could assist further. Thank you! Best Regards, Yuko Oda Customer Advocate –––––––––– ICON Aircraft O 707.564.4284 iconaircraft.com Message and all attachments are confidential.

From: Brett West <[email protected]> Sent: Thursday, October 17, 2019 9:01 AM To: Yuko Oda <[email protected]> Subject: Quick Question Hi Yuko! Does Icon have specs on decibel levels of the plane on take‐off, landing and taxiing? Need for a permit to operate on Lake George in New York. Thanks!

RECLAMATION Managing Water in the West

Finding of No Significant Impact

2019 ICON Aircraft Land Use Authorization Lake Berryessa, Napa County, California

FONSI 19-02-CCAO

Recommended by:

Date: 26 April 2019

Concurred by: a-~ Date: 'f(~{Zol"t

Approved by:

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Bradley Hubbard Resources Management Divis ion Chief Central California Area Office

Drew Lessard Area Manager Central California Area Office

U.S. Department of the Interior Bureau of Reclamation Mid-Pacific Region

Date:

Background ICON Aircraft (ICON), based at the Nut Tree Airport in Solano County, is a consumer light sport airplane manufacturer founded in response to the sport flying category created by the Federal Aviation Administration (FAA). Given the FAA's enabling regulations, ICON's stated mission is to manufacture a personal recreational aircraft which is consumer-friendly, safe and technologically advanced. ICON's first aircraft, the AS, is an amphibious sport airplane capable of departing and landing on unimproved surfaces, paved runways and on water. ICON began delivering the AS to buyers in 2015 and is scaling production at its facilities located at the Nut Tree Airport about 15-air miles south southeast of Lake Berryessa.

The Bureau of Reclamation manages all recreation facilities and uses on Lake Berryessa. The lake offers ICON Aircraft, LLC, the ideal location to conduct water landing and departure flight analysis, engineering tests, pilot instructions, and to demonstrate the A5's capabilities to potential aircraft buyers.

Prior to August 2013, Reclamation designated a seaplane landing area on Lake Berryessa. On August 5, 2013 Reclamation's Central California Area Office (CCAO) sent a Notice of Abandonment of Seaplane Landing Areas to the Federal Aviation Administration (FAA). The notice expressed Reclamation's intent to abandon seaplane landing areas on Lake Berryessa and Folsom Lake in order to standardize operations within the Central California Area Office's reservoirs. The notice recognized that seaplane operations would continue on Lake Berryessa in accordance with 43 Code of Federal Regulations (C.F.R.) 423.41 . Importantly, the notice stated, that Reclamation "has rescinded its previous policy prohibiting commercial operations i.e., flight training or type qualifications on Lake Berryessa reflecting the removal of that prohibition from 43 C.F.R. 423.41."

Alternatives Including the Proposed Action

No Action Alternative

Under the No Action Alternative, Reclamation would not issue authorization to ICON for the use of the air space or water surfaces of Lake Berryessa.

Proposed Action

Reclamation would issue authorization that allows ICON to conduct the following operations/flights at designated areas within the Lake Berrycssa Recreation Area.

ICON proposes the following for engineering flights, safe flight instruction and flight demonstration operations, collectively refen-ed as "commercial flight operations" at Lake Berryessa:

ICON bases its flight operations at the Nut Tree Airport, Vacaville, Solano County, California where the aircraft is manufactured and from where ICON conducts test flights (engineering flights) and where pilots receive ground school and flight training for the A5. Students are instructed by FAA Certified Flight Instructors in airport proper radio communications, navigation, departures, landings and operations. The ICON AS is designed to operate as a fully sealed single hull seaplane (vs a pontoon float plane) and has extendable/retractable landing gear to operate on paved runways or on grass and unimproved surfaces (Photographs 2-1 and 2-2).

• Student pilots are taught by FAA Certified Flight Instructor pilots in ground school classroom settings, approved flight procedures, aircraft-to-aircraft and aircraft - to-ground radio communications and techniques to safely approach, land, water taxi and identify and avoid other lake users. Additional instruction includes the proper use of existing shoreline ramps for ingress and egress of the lake at concession locations, marina fuel islands or other launch ramps. Safe departure from the lake is taught over the course of several days of training while sharing the lake with recreational users and avoiding on-shore sensitive receptors.

• Per FAA regulations for light sport aircraft and sport pilots, the airplane will be operated only during daylight hours. Not more than two personnel may be in the aircraft. The airplane may not weigh more than 1,430 pounds without an exemption (maximum weight 1,510 pounds) and may not fly faster than 138 mph. The aircraft must operate below 10,000 feet and may only be flown in visual flight rule conditions (day-time only).

• ICON adheres to all FAA and Coast Guard requirements for seaplane operating as a vessel.

ICON and Reclamation will work together to eliminate potential conflicts with towed (boat) parasailers.

• Flight operations from and to the airport use FAA and Nut Tree Airport published approach and departure requirements.

• Typical "in bound'' flight operations "enter" Lake Berryessa airspace at an altitude of approximately 2,500 feet above Monticello Dam and maintain that altitude on a northwest heading until the aircraft gradually descends to approximately 300 feet northwest of Wragg Ridge and Skier Cove. The descent continues northwest of Big Island during which the instructor pilot and student scan the lake area to assess safe landing locations east ofBerryessa Pines (Figure 2-1 ).

• Water landings, take-offs and water taxing will generally occur in the northern portion of the lake which is approximately 3-miles wide. Water operations will stay at least 1,000 feet from

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the Lake Berryessa Wildlife Area located along the eastern shore and a minimlm1 of 500 feet from all other lake users.

Typical flight instruction operational areas are on and above Lake Berryessa. Operational instruction areas are dependent on weather, wind, water conditions which may include water level or debris from runoff, the presence or absence of other lake users or special events. AJI flight operations conform to 43 C.F.R. 423.41.

Low level approaches, between 300 feet and 500 feet above the water surface are necessary to inspect and evaluate safe water landing conditions.

Water landings generally begin from an altitude of 500 feet or less above the water surface, depending on the nature of the particular instruction mission that day, and an air speed generally of 45 miles per hour. The length of a typical water landing is generally 500-1000 feet but will vary with atmospheric conditions such as temperature, wind speeds and wind direction.

• Aircraft do not conduct water landings if"lake chop" (waves caused by winds) exceeds 12 inches, and may abort landing if "lake chop" is 8 to 10 inches.

• Typically, an aircraft requires approximately 500 feet on the water to slow to a "vessel status" after it has touched down. While on the water, the aircraft typically will not exceed speeds of 25 mph during the course of various instructional modes.

As part of pilot instruction, lCON conducts "splash and go" sessious. This instructional exercise allows the pilot to experience a water landing and water take-off without coming to a full stop or assuming "vessel status".

• While taxing on the water, the aircraft is considered a vessel by federal and state regulations and follows t11e rules set forth for the safe operation of a boat or other water craft as promulgated by the U.S. Coast Guard, includi11g minimizing wakes, obeying speed limits, and avoiding non-motorized locations and other watercraft. While on the water, ICON instructs its pilots and students to maintain a distance of at least 500 feet from other water craft.

• Water operations and pilot instruction include taxing, safe techniques for existing ramp use, docking and beaching, correctly and safely understanding wind and surface conditions for take-off and familiarization with water navigation signage.

Under normal instructional flight operations, aircraft will avoid known sensitive environmental resources that have been identified by authorities, such as eagle nests and the Lake Berryessa Wildlife Area. Students are instructed to avoid flying over BetTyessa-Snow Mountain National Monument, residential areas, concession facilities, and day use and developed areas including the southern, northeast and western shore areas that have been identified during ongoing consultations with USBR management personnel.

• ICON will inspect its aircraft regularly to prevent the spread of invasive species and will cooperate with federal and local agencies to prevent the spread of invasive species.

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Aircraft water take-offs, or departures, typically require a take-off distance of 750-1,000 feet depending on atmospheric and surface conditions. Aircraft· departures will reach an altitude of2000 feet within about four to five minutes after take-off for their return to the Nut Tree Airport; in-bound and out-bound aircraft use slightly different flight paths and different altitudes. Pilots use the onboard aircraft radio operating at a common frequency to announce ingress and egress, flight activities and to communicate with other aircraft and parasail operators.

• The estimated minimum and estimated maximum, flight numbers and durations for lCON pilot instruction, demonstration flights and engineering flights above and on Lake Berryessa are shown in Tables 2-1 and 2-2.

• ICON proposes to conduct commercial flight operations seven days per week, but would curtail flights on holidays, holiday weekends or for other special events held at Lake Berryessa.

• Typical flight paths from and to ICON's base at the Nut Tree Airport to Lake Berryessa are shown on Figure 2-1. The flight patterns may vary slightly based on atmospheric conditions or when special events or other lake uses dictate changes. However, the flight paths represents the most direct route to and from the north end Lake Berryessa, where ICON typically conducts flight training activities away from other lake users and sensitive receptors. The total flight path length is a distance of approximately 27 miles one way. ICON will conduct all flight operations, including those on the water, in an efficient manner.

Findings Reclamation prepared an Environmental Assessment (EA) in January of2019, which is incorporated by reference. The Central California Area Office ofthe Mid-Pacific Region of Reclamation has found that the proposed action is not a major Federal action that would significantly affect the quality of the human environment. Therefore, an environmental impact statement is not required for canying out the proposed action.

The following are the reasons why the impacts of the proposed action are not significant:

1. The proposed action will not significantly affect public health or safety ( 40 CFR 1508.27(b)(2)).

2. The proposed action will not significantly impact natural resources and unique geographical characteristics such as historic or cultural resources; parks, recreation, and refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (Executive Order (EO) 11990); flood plains (EO 11988); national monuments; migratory birds; and other ecologically significant or critical areas (40 CFR 1508.27(b)(3)).

3. The proposed action will not have possible effects on the human environment that are highly uncertain or involve unique or unknown risks (40 CFR l508.27(b)(5)).

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4. The proposed action will neither establish a precedent for future actions with significant effects nor represent a decision in principle about a future consideration (40 CFR 1508.27(b)(6)).

5. There is no potential for the effects to be considered highly controversial (40 CFR 1508.27(b)(4)).

6. The proposed action will not have significant cumulative impacts (40 CFR l508.27(b)(7)).

7. The proposed action will not adversely affect any districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places ( 40 CFR 1508.27(b)(8)). Pursuant to 54 USC§ 306108, commonly known as Section 106 of the National Historic Preservation Act, and its implementing regulations at 36 CFR Part 800, Reclamation detennined that no historic properties would be affected and therefore, the proposed action will result in no significant impacts to cultural resources.

8. The proposed action will not affect listed or proposed threatened or endangered species (40 CFR 1508.27(b)(9)).

9. The proposed action will not violate Federal, state, tribal or local law or requirements imposed for the protection ofthc environment (40 CFR 1508.27(b)(10)).

10. The proposed action will not affect Indian Trust Assets (512 OM 2, Policy Memorandum dated December 15, 1993).

11. Implementing the proposed action will not disproportionately affect minorities or low- income populations and communities (EO 12898).

12. The proposed action will not limit access to, and ceremonial use of, Indian sacred sites on Federal lands by Indian religious practitioners or significantly adversely affect the physical integrity of such sacred sites (EO 13007 and 512 OM 3).

13. The draft environmental analysis was posted for public comment on Thursday, April 4, 2019 at Reclamation's Mid-Pacific Region's public webpage for environmental documents https://www.usbr.gov.mp/nepa and was posted through April 11 , ~0 19. No public comments were received during this public comment period.

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CULTURAL RESOURCES COMPLIANCE Division of Environmental Affairs

Cultural Resources Branch (MP-153)

MP-153 Tracking Number: 19-CCA0-089

Project Name: ICON Aircraft Land Use Authorization, Lake Berryessa, Napa County,

California

NEPA Document: EA

NEPA Contact: J. Grant Harrison, Natural Resources Specialist

MP 153 C ultural Resources Reviewer: Melissa Ivie, Regional Cultural Resources Officer

Date: February 21, 2019

Reclamation proposes to approve ICON Aircraft to conduct commercial flight operations including engineering, pilot training and sales demonstrations of their A5 aircraft on and above Lake Berryessa and on its surface. The proposed activity provides for land use authorization

between Reclamation and ICON for commercial flight operations on Lake Berryessa. The proposed activity will not result in any construction or ground disturbance.

Reclamation determined the proposed action constitutes a Federal undertaking, as defined at 36

CFR § 800. 16(y), that bas no potential to cause effects to historic properties pursuant to 36 CFR § 800.3(a)(l). As such, Reclamation bas no further obligations under Title 54 U.S.C. § 306108, commonly known as Section 106 of the National Historic Preservation Act (NHPA). The proposed action will not have significant impacts on properties listed or eligible for listing in the

in the National Register of Historic Places.

This document conveys the completion of the cultural resources review and NHPA Section 106 process for this undertakjng. Please retain a copy of this document in the administrative record for the proposed action. Should changes be made to the proposed action, additional NHP A Section 106 review, possibly including consultation with the Tribal Historic Preservation Officer

or State Historic Preservation Officer, may be necessary.

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Joe Thouin

From: apa.sm.Referrals <[email protected]>Sent: Tuesday, May 12, 2020 12:16 PMTo: Joe ThouinSubject: RE: West Seaplane

Thank you for providing information regarding this proposal. The Agency has reviewed the material and determined that it will take no further action at this time.

Please feel free to contact me with any questions you may have.

Thanks, Matthew Brown Environmental Program Specialist 1 NYS Adirondack Park Agency PO Box 99 1133 NYS Route 86 Ray Brook, NY 12977 (518) 891-4050 | [email protected] www.apa.ny.gov CONFIDENTIALITY NOTICE: This email, including any attachments, may be confidential, privileged or otherwise legally protected. It is intended only for the addressee(s). If you are not the intended recipient, you are prohibited from disseminating, copying or otherwise using this email or its attachments. If you have received this email in error, please notify the sender immediately by reply email and delete the email from your system.

From: Joe Thouin <[email protected]> Sent: Wednesday, May 06, 2020 4:56 PM To: [email protected]; 'Chris Navitsky' <[email protected]>; apa.sm.Referrals <[email protected]>; dec.sm.DEP.R5 <[email protected]>; Craig Brown <[email protected]>; Laura Moore <[email protected]> Subject: NAR: West Seaplane

ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.

Dear folks, Please find attached a notice of availability of review for a proposed Special Recreational Use Permit for Berthing a Seaplane at lands of West at the northern tip of Assembly Point in the Town of Queensbury. No construction is proposed. Please let me know if you have any concerns or related jurisdiction. Best regards as always, Joe

Joe

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Other Agencies

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Joe Thouin

From: Joe ThouinSent: Tuesday, May 12, 2020 7:47 PMTo: Joe ThouinSubject: Seaplane Application, Additional InfoAttachments: image001.jpg; image002.jpg

From: Hayden, Jed M (DEC) [mailto:[email protected]] Sent: Monday, May 11, 2020 9:50 AM To: Joe Thouin Subject: RE: Seaplane Application, Additional Info Hi Joe, These eagles don’t seem to be susceptible to disturbance given the location of the nest and the boat traffic that occurs in the vicinity. I don’t see this application triggering any further review or rising to the level of a take. That being said, it would be a strong preference of ours that during the nesting season, landing and takeoff are done east of Speaker Heck Island and that the plane does not fly directly over the nest. Again, this would only be during the nesting season. Have you heard anything about the nest this year? Is it active? Thanks and please let me know if you need any more information. Thanks Jed

Jed Hayden Bureau of Wildlife New York State Department of Environmental Conservation 232 Golf Course Road P: 518-623-1241 | F: 518-623-3603| [email protected] www.dec.ny.gov | |

lake george park commission project synopsis meeting … · 5/12/2020 · the project is unlisted...

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