Feb 3, 2025
During an informative meeting hosted by CLPOA Saturday, which was held at the Lawson Center, 73 Lakeside Drive, jurisdictional determination was a subject that seemed to draw particular interest for event goers. Wehrfritz explained that jurisdictional determination is the legal process with how the state’s Department of Environmental Conservation determines if an area meets the regulatory statute as a wetlands.
“Anyone can request a JD on any property, and the DEC will process the request without the owner’s knowledge,” Wehrfitz said.
The following steps regarding the DEC jurisdictional determination process are:
– Jurisdictional Determination is requested by an individual.
– The DEC must respond within 90 days with a 10 day extension granted as needed with positive or negative determination if an area is a wetland – which is valid for five years from issue date. However, only positive determinations can be appealed.
– The DEC must respond to an appeal within 120 days, with a 30 day extension granted as needed. Additionally, all appeals must include a DEC consultation and wetlands delineation by the applicant.
– The DEC acknowledges property value loss may guide owners to seek reassessment.
Additionally, Wehrfritz, briefed the meeting attendees on which activities in a designated wetlands area would now require a permit to conduct.
The following activities will or may require a general permit to do now, he said. Repair, reconstruction, and or replacement of existing functional structures and facilities or septic systems; construction and or modification of (listed) residential, commercial, industrial, or public structures, (utility, sewer, water, and telecommunication lines, hydrants, etc.); construction and/or modification of (listed) residential, commercial, industrial, or public structures (parking, driveways, pools, water wells, fences, renewable energy,); temporary access roads and/or laydown areas; selective cutting, hazardous tree removal, and/or removal of dead ash trees, cutting of trees and other vegetation; drilling test wells; routine beach replenishment – regrading, and or cleaning; removal of debris and existing structures.
LAKE PLAN STALLS
Another point that Wehrfritz discussed at the meeting was the implementation of a study that was conducted by representatives from North Carolina State University (NCSU) entitled Long Term Management Plan for Submerged Aquatic Vegetation in Chautauqua Lake.
“The North Carolina State’s Aquatic Management Plan was contracted by the Chautauqua Lake Partnership, with funding appropriated by the Chautauqua Lake Watershed and Management Alliance,” he said. “This was after the CLP officials said discussions with state DEC officials and others showed a need to clarify the goals for herbicide applications in the lake and to articulate a long-range plan to achieve those goals.”
Chautauqua Lake Partnership officials have said in the past that state DEC officials requested the creation of a plan to help address the management of invasive aquatic vegetation in the lake. Mike LaTone, treasurer of the Chautauqua Lake Partnership, told The Post-Journal recently the CLP reached out to the Chautauqua Lake and Watershed Management Alliance to secure funding for an independent, third party, science-based lake management plan.
However, the lack of support for the NCSU plan has Wehfritz shaking his head.
“The county leadership has deferred management of the lake to the nonprofit sector,” he said. “However, the study that they (non-profits) paid for has largely gone to the wayside, and they have all refused to state or declare a position that their organizations will take, or has taken, regarding NCSU recommendations.”
Bemus Point and Ellery are the only town and village governments to show any support for the NC State lake plan, while discussion in December at county legislature meetings showed there are still unanswered questions among county officials and various lake groups.
County Executive PJ Wendel, responding to a request for comment by The Post-Journal, said it’s important to overcome divisions among lake agencies.
Additionally, Wendel said, “Chautauqua Lake is one of our county’s most cherished resources, vital to our environment, economy, and way of life. However, for too long, we’ve seen divisions among stakeholders that only serve to hold us back — like the infamous Hatfields and McCoys. It’s time to put that infighting to rest. By working together with municipal leaders, scientists, and community organizations, we can create lasting solutions that preserve and protect this lake for generations to come. Our shared goal must be to unify. Collaboration, not conflict, will uphold Chautauqua Lake as a legacy we’re proud to pass on to our children and grandchildren.”
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