posted by
Property Rights Foundation of America®

Civil Action
No. 98-CV-1117



1. 13th Lake.

Motorized access is currently provided to a location approximately five hundred feet from the shoreline of Thirteenth Lake. Defendants will commit to procure the services of a consultant with expertise in non-motorized access, such as Wilderness Inquiry, to conduct and provide to Defendants an assessment of this location with respect to providing non-motorized access to Thirteenth Lake for boats and/or canoes. In addition, Defendants commit, to the extent consistent with the assessment provided by the consultant as mentioned above, to construct an Outdoor Recreation Access Route consistent with proposed ADAAG for Outdoor Developed Areas on Thirteenth Lake. Estimated time to complete assessment; 8 months from entry into contract with consultant.

2. Whitney/Little Tupper Lake.

Defendants will agree to construct a new accessible ramp to the wood dock at the Administrative Headquarters at a cost of approximately $3,000.

3. Bear Slides/Hudson River Recreation Area ("HRRA").

Defendants commit to return picnic tables that were once at this location, and to remove barriers to access to the tables.

4. Pikes Beach.

This property is located in the HRRA, part of the Lake George Wild Forest. Defendants will support and fund the addition and maintenance of accessible camping sites and privies, and to support, through the UMP process, opening the road to motorized access for those with qualifying disabilities. Estimated Costs: $5,000 initial costs, $1,000 annual maintenance. Defendants are currently determining whether the UMP has already designated camping sites; if so, UMP amendment would be necessary only with respect to the road.

5. Schofield Flats.

Also located in the HRRA, Defendants will support and fund necessary road improvements (to reduce grade and erosion problems), as well as to designate camping sites and construct accessible privies. Estimated Costs: $10,000 initial costs, $2,000 annual maintenance.

6. Aldrich Pond.

Plaintiffs have requested a commitment to keep open the existing motorized access, especially to Streeter Lake. Defendants agree to support this through subsequent Unit Management Plans. In addition, the Department will specifically consider accessible campsites/shelters/lean-tos.

7. Lily Pond Road.

This road is currently open to motor vehicles, and is a designated snowmobile trail from Route 8 to the shore of Lily Pond. Although currently passable by two wheel drive truck, the defendants propose to conduct extensive maintenance to improve the road so that a car could access Lily Pond. Estimated Costs: $40,000 initial costs, $10,000 annual maintenance.

8. Champion Easement Projects.

Approximately 25 miles of easement roads were recently opened to public motor vehicle access. At Sand Pond Road on the Croghan Easement Tract, the Department will agree to construct an accessible parking lot and an Outdoor Recreation Access Route consistent with proposed ADAAG for Outdoor Developed Areas to Sand Pond. Cost: $12,000. As additional Champion easement roads are identified and opened over the next few years, the Department will seek out other opportunities for related accessibility projects.

9. Long Pond Easement.

DEC will upgrade more than 30 miles of roads and 10 miles of trails as new opportunities for ATV use. Estimated cost: $400,000. It should be noted that the easement restricts use of the easement lands from 1998 through 2013 as follows: No public hunting from September 1 to December 15, and no public use whatsoever from October 1 to December 15.

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