Why Sierra Club Members Should Vote Yes on Proposition 5 - the Adirondack Land Swap

LEWIS, NY (10/02/2013)(readMedia)-- New York State has an opportunity to expand the Adirondack Forest Preserve by 1,500 acres of forests rich in fishing and hiking opportunities and to provide greater public access to the Jay Mountain Wilderness, Hurricane Mountain Wilderness and Taylor Pond Wild Forest. Included are more than two miles along Spruce Mill Brook, more than a mile along Derby Brook and approximately one mile along the north branch of the Boquet River – all excellent fishing areas.

All of this can be accomplished at no cost to the taxpayers if Proposition 5 on the November ballot - The Adirondack Land Swap - is approved by voters on Nov. 5.

Approval would permit the state to provide longtime Adirondack business NYCO Minerals Inc. with temporary access to 200 acres of Forest Preserve lands that immediately adjoin its mine in the Town of Lewis, Essex County. Allowing NYCO to continue its operations at the site for eight to ten years helps protect 100 jobs very important to the fabric of this rural community.

In exchange, NYCO would provide the state with the 1,500 acres of land described above to be permanently added to the Forest Preserve. Once NYCO completes its project, the original 200 acres would be reclaimed and returned to the Forest Preserve.

The Atlantic Chapter of the Sierra Club has made the following misleading claims in opposing the proposal.

Sierra claim: "This kind of horse trading sets a lower bar for legislative behavior and if approved by the voters will lead to even greater pressure from mining, logging and real estate development interests to convert New York's wild forests into private cash cows."

The reality: False. Amendments to Article 14 of the State Constitution are by law considered on a case by case basis. Some have been approved, some rejected. Any proposed change in Article 14 faces unique and extraordinary legal and political obstacles. They must be approved by two consecutively elected New York State Legislatures and a majority of New York State voters.

New York voters have approved 17 proposed amendments to Article 14 in the last 72 years - and the Adirondack Forest Preserve is larger today than at any time in its history. The approved transfers resulted in New York State receiving equal or greater amounts of land than were transferred, so if any precedent is being set, it's expansion of the Forest Preserve. If Proposition 5 is approved, the Forest Preserve will gain more than seven times the amount of land that the state would be temporarily allowing NYCO to use.

While the drafters of the state Constitution sought to ensure extraordinary protection for the Adirondack Forest Preserve, they wisely foresaw that there might be circumstances in which the state Constitution should be amended for the benefit of the public and they set up a process to ensure careful decisions by the Legislature and voters.

Sierra claim: "NYCO has been planning for the closure of the 1970s Lewis Mine all along and the company opened a second mine at Oak Hill in the late 1990s, two miles away from the Lewis mine, to replace it."

The reality: False. NYCO owns another site at Oak Hill that contains wollastonite, but the mineral is buried much more deeply in the ground, making it far more costly to remove. Operating there today would pose serious competitive challenges to NYCO as the company fights to compete in the global wollastonite market. Continuing to operate in Lewis, on a site that is just 50 feet from existing mine would allow NYCO to stay competitive because the wollastonite is closer to the surface and because the company already has its infrastructure and equipment in place at that location.

Sierra claim: "The State legislators who voted for this proposal in the closing days of the legislative session have not been given the full facts. ... NYCO has made baseless threats to shut down, leave the Adirondacks and eliminate 95 mining jobs at Lewis, if they don't get Lot 8."

The reality: False. Members of two consecutively elected state Legislatures consulted with environmental groups and other stakeholders, scrutinized the issues and were fully informed before they voted overwhelmingly to support the land exchange. They recognized that if NYCO were forced move to another location, where the wollastonite is buried far deeper in the ground, its ability to compete with mines in China and India would be compromised. They recognized that 100 valuable jobs in a rural region would be jeopardized. They recognized that allowing temporary use of 200 acres in exchange for permanent ownership of 1,500 acres made sense. They saw the potential expansion of recreational opportunities for all New Yorkers – at no cost to taxpayers.

Sierra claim: "If the voters allow NYCO to destroy "forever wild" Forest Preserve through exploratory drilling and if it is found that the ore vein on state land is not to their satisfaction then NYCO can walk away without giving the State any mitigation land or other compensation for all the damage caused. ."

The reality: False. Exploratory drilling will not destroy the 200-acre parcel. To definitively determine the amount of wollastonite that exists beneath the state property, NYCO proposes to make a series of borings approximately 2 inches in diameter, spaced 150 feet apart from each other. Should NYCO ultimately elect not to develop a mine on the property, the company would be required by the legislation approving the proposal to provide the state with land for the forest preserve that is equal to or greater than the amount of land "disturbed by any mineral sampling."

Perhaps the strongest counter to the Sierra Club's erroneous claims about Proposition 5 can be found in the analysis provided another leading environmental organization, the Adirondack Council, in voicing its support for the proposal.

The Adirondack Council states:

• "Surveys show no significant biological, environmental, wildlife or recreational resources on the 200 acres being traded to NYCO."

• "The 1,507 acres to be added to the Forest Preserve contain important wildlife habitat, more than three miles of stream, sensitive fisheries, and recreational resources. Much of this area is also identified in New York State's Open Space Conservation Plan as lands that should be protected as part of the Lake Champlain Watershed priority project."

• "The 1,507 acres coming into the Forest Preserve are better habitat for fish and wildlife, would be worth considerably more in ecological value, and would have greater dollar value than the 200 acres given up."

• "For the communities that are gateways to the Jay Mountain Wilderness Area, Hurricane Mountain Wilderness Area and the Taylor Pond Wild Forest, including Lewis and Willsboro, the swap would safeguard more than 100 NYCO jobs, and improve recreational access."

Because of these factors, the Adirondack Council endorsed the proposition, joined by:

:

• New York AFL-CIO

• United Steelworkers

• Adirondack Explorer newsmagazine

• Congressman Bill Owens

• Adirondack Association of Towns and Villages

• Adirondack Park Local Government Review Board

• Essex County Board of Supervisors

• Town of Lewis

• Town of Willsboro

• Hamilton County Board of Supervisors

• Town of Long Lake

• North Country Regional Economic Development Council

• Denton Publications

• Sen. Betty Little

• Sen. Hugh Farley

• Assembly Member Dan Stec

• Assembly Member Marc Butler

Proposition 5 is good for the environment and the economy of the Adirondack Park. It provides more open space and recreational opportunities in the Adirondack Forest Preserve and protects 100 jobs and the communities, schools, churches, fire departments and small businesses that depend on NYCO and its employees.

For more information, please visit www.adirondacklandswap.com