APA P2019-0198-Permit-FinalTHIS IS A TWO-SIDED DOCUMENT
P.O. Box 99, 1133 NYS Route 86
Ray Brook, New York 12977
Tel: (518) 891-4050
www.apa.ny.gov
APA Permit
2019-0198
Date Issued: April 8, 2020
In the Matter of the Application of
JOHN W. AUST
TAMMY T. AUST
Permittees
for a permit pursuant to § 809 of the Adirondack Park
Agency Act and 9 NYCRR Part 578
To the County Clerk: Please
index this permit in the grantor
index under the following names:
1. John W. Aust
2. Tammy T. Aust
SUMMARY AND AUTHORIZATION
This permit authorizes the construction of an on-site wastewater treatment system in an
area classified Rural Use on the Adirondack Park Land Use and Development Plan Map
in the Towns of Queensbury , Warren County and Fort Ann, Washington County .
This authorization shall expire unless recorded in the Warren and Washington County
Clerk's offices within 60 days of issuance of a signed and notarized permit. The signed
and notarized permit shall be recorded in the names of all persons listed above and in the
names of all owners of record of any portion of the project site on the recordation date.
The project shall not be undertaken or continued unless the project authorized herein is
in existence within four years from the date the permit is recorded. The Agency will
consider the project in existence when the on-site wastewater treatment system has
been constructed.
The project shall be undertaken in compliance with all conditions stated herein. Failure
to comply with this permit is a violation and may subject the permittee, successors, and
assigns to civil penalties and other legal proceedings.
This permit does not convey any right to trespass upon the lands or interfere with the
riparian rights of others in order to undertake the authorized project, nor does it
authorize the impairment of any easement, right, title or interest in real or personal
property. Nothing contained in this permit shall be construed to satisfy any legal
obligations of the permittee to comply with all applicable laws and regulations or to
obtain any governmental approval or permit from any entity other than the Agency,
whether federal, State, regional, or local.
Agency Permit 2019-0198
Page 2 of 4
PROJECT SITE
The project site consists of four parcels of land totaling 4.19± acres located on Ridge
Road in the Towns of Queensbury, Warren County and Fort Ann, Washington County ,
in an area classified Rural Use on the Adirondack Park Land Use and Development
Plan Map. The site is identified as the following Tax Map Numbers:
• Section 240.6, Block 1, Parcel 37, described in a deed from Frank G. Wendling
and Patricia G. M. Wendling to John W. Aust and Tammy T. Aust, dated March
30, 1993, and recorded April 1, 1993 in the Warren County Clerk's Office at Book
879, Page 323.
• Section 240.6, Block 1, Parcel 39, described in a deed from Harold J. Halliday
and Lyn Halliday to John W. Aust and Tammy T. Aust, dated March 5, 2018, and
recorded March 6, 2018 in the Warren County Clerk's Office under Instrument
Number 2018-1415.
• Section 91, Block 1, Parcel 22.2, described in a deed from Robert L. and Judith
A. Schulz to John W. and Tammy T. Aust, dated August 30, 2006, and recorded
August 31, 2006 in the Washington County Clerk's Office under Instrument
Number 2006-29462.
• Section 91, Block 1, Parcel 21, described in a deed from Harold J. Halliday and
Lyn Halliday to John W. Aust and Tammy T. Aust, dated March 5, 2018, and
recorded March 6, 2018 in the Washington County Clerk's Office under
Instrument Number 2018-118646.
The project site contains a broad-leaved deciduous forested wetland with a value rating
of “2.” Additional wetlands not described herein or depicted on the Site Plan may be
located on or adjacent to the project site.
The project site is improved by a single-family dwelling, garage, and on-site wastewater
treatment system. The on-site wastewater treatment system serving this existing single-
family dwelling is being replaced by the new on-site wastewater treatment system
authorized herein.
PROJECT DESCRIPTION
The project as conditionally approved herein involves the construction of a new
replacement on-site wastewater treatment system to serve the existing single-family
dwelling. The project will replace the existing wastewater treatment system with a new
septic tank that will be in the location of the septic tank (on tax lot 240.6-1-37) and
utilizing a absorption area located on adjoining tax lot 240.6-1-37. The new absorption
area will be 81 feet, 8 inches from the nearest wetlands at the closest point.
The project is shown on the following maps, plans, and reports: “Wastewater System
Plan,” prepared by Hutchins Engineering, and dated August 7, 2019, revised February
12, 2020 (Site Plan) and “Wastewater System Details,” prepared by Hutchins
Engineering, and dated August 7, 2019, revised February 12, 2020 (Septic Details). A
reduced-scale copy of the Site Plan for the project, is attached as a part of this permit
for easy reference. The original, full-scale maps and plans described in this paragraph
are the official plans for the project, with copies available upon request from Adirondack
Park Agency headquarters in Ray Brook, New York.
Agency Permit 2019-0198
Page 3 of 4
AGENCY JURISDICTION
Pursuant to Adirondack Park Agency regulations at 9 NYCRR § 578.2, a permit is
required from the Adirondack Park Agency prior to the establishment of the absorption
field of any on-site wastewater treatment system within 100 feet of any wetland in the
Adirondack Park.
CONDITIONS
THE PROJECT IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. This permit is binding on the permittee, all present and future owners or lessees
of the project site, and all persons undertaking all or a portion of the project, for
as long as the onsite wastewater treatment system remains on the site. Copies
of this permit and the Site Plan shall be furnished by the permittee to all
subsequent owners or lessees of the project site prior to sale or lease, and by the
permittee and/or any subsequent owner or lessee to all persons undertaking any
development activities authorized herein.
2. In addition to complying with all terms and conditions of this permit, all future
activities on the project site shall be undertaken in compliance with the requirements
of New York State’s Adirondack Park Agency Act, Freshwater Wetlands Act, and the
Adirondack Park Agency’s implementing regulations [9 NYCRR §§ 570-588].
3. All deeds conveying all or a portion of the lands subject to this permit shall
contain references to this permit as follows: “The lands conveyed are subject to
Adirondack Park Agency Permit 2019-0198, issued April 8, 2020, the conditions
of which are binding upon the heirs, successors and assigns of the grantors and
all subsequent grantees.”
4. The on-site wastewater treatment system authorized herein shall be constructed in
conformance with the location and design shown on the Site Plan and S eptic Details.
Construction of the system shall be supervised by a design professional (licensed
engineer or registered architect). Within 30 days of complete system installation and
prior to its utilization, the design professional shall provide written certification to the
Agency that the system was built in compliance with the approved plans.
Any change to the location, dimensions, or other aspect of the authorized system
shall require prior written Agency authorization.
The undertaking of any activity involving wetlands shall require a new or
amended permit.
5. When brought from off -site, all equipment, including but not limited to trucks,
excavators, tractors, etc., and hand excavation tools such as shovels, rakes, and
picks, to be used on the project site shall be clean and free of soil, mud, or other
similar material. If washed on the project site, equipment shall be washed in one
location to prevent the distribution of propagules among different wash sites.
Agency Permit 2019-0198
Page 4 of 4
CONCLUSIONS OF LAW
The Agency has considered all statutory and regulatory criteria for project approval set
forth in the Freshwater Wetlands Act and 9 NYCRR Part 578. The Agency hereby finds
that the project authorized as conditioned herein:
a. will secure the natural benefits of wetlands associated with the project, consistent
with the general welfare and beneficial economic, social, and agricultural
development of the state; and
b. will be compatible with preservation of the entire wetland and will not result in
degradation or loss of any part of the wetland or its associated values.
PERMIT issued this 8th day
of April, 2020.
ADIRONDACK PARK AGENCY
BY:____/s/ Robert J. Lore_______________
Robert J. Lore
Deputy Director, Regulatory Programs
STATE OF NEW YORK
COUNTY OF ESSEX
On the 8th day of April in the year 2020, before me, the undersigned, a Notary Public in
and for said State, personally appeared Robert J. Lore, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that they executed the
same in their capacity, and that by their signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
__/s/ Stephanie L. Petith______________
Notary Public