Neighbors vent as DEC plans to turn section of Chautauqua Lake into wetland

CELORON, N.Y. (WIVB) — The state’s Department of Environmental Conservation is modernizing some regulations, turning an area of Chautauqua Lake into a wetland, leaving some neighbors nervous about their property values and long-term plans of living there.

“My first thought when I hear wetlands … I think swamp ,” said Cathie Kasperek, a resident along the lake in Burtis Bay.

In the 1980s, Cathie and Jim Kasperek moved down to Celoron along with Cathie’s sister Peggy Newell and Peggy’s husband Mike. They all now live next door to one another along the southernmost end of the lake, an area called Burtis Bay.

They used to sit in the water with their chairs, but now, thick tangles of weeds make wading unenjoyable.

“The seaweed that floats down here gets stuck; it builds up, it starts to decay, to rot, (and) it smells,” Kasperek said. “The quality of our life is going to change. There’s times, when the seaweed is sitting there, you can’t even open your windows.”

The Kaspereks, Newells and other neighbors are worried if the area becomes a wetland like the state DEC wants, cleaning up Burtis Bay could become even more difficult.

“To our understanding, in Region 9, an Article 24 permit for herbicides has never been granted,” Mike Newell said. “So that’s a concern for us. Because we do not see the invasive species on this lake being controlled simply by harvesting and cutting … there’s going to be some point where some other things are going to need to be done including herbicides and dredging, and so forth.”

So, why is this happening?

Changes were made to the state’s Freshwater Wetlands Act two years ago and according to the DEC, “The new regulations, as proposed, substantially enhance and modernize the state’s freshwater wetland protections to ensure the long-term health and vitality of these important ecosystems for future generations.”

State Senator George Borrello doesn’t agree with the designation, saying the state should focus on swamps and bogs. He introduced a bill in the State Senate that would reverse a wetland designation for navigable lakes, like Chautauqua.

“That would be to exempt freshwater navigable lakes over 150 acres from these wetland regulations,” Borrello said.

Borrello said he’s met with the DEC several times and has been told everything will stay the same, but neighbors are still weary. They do know that in the future they will have to apply for permits for new items.

“My husband has just purchased a new dock that will be put in this summer,” Peggy Newell said.

They also worry about using pesticides on their property.

“It includes putting down something like Preen in your garden to control the weeds from growing up,” Mike Newell said. “If you want to wash your siding with something that controls mildew, that all falls under pesticides by the EPA. Does that mean anytime we want to do these things we have to go to the DEC and pay $100 and get a permit?”

When WIVB News 4 asked the DEC about changes, we were told permits will not be required for existing uses but, “In jurisdictional wetlands and their 100-foot adjacent areas, DEC wetland permits will be required to construct new structures, expand existing structures, cut or clear vegetation, including harvesting submergent vegetation, excavate and deposit fill, apply pesticides, and dredge.”

News 4 was told people will still be able to fish on the lake. That will not change.

“It’s very troubling,” Peggy said. “It’s not the way we expected to spend our Golden Years. We thought this is where we would live until we could no longer live here. It would be our decision, not someone else’s.”

If you would like to weigh in, there are opportunities coming up. The DEC is holding three identical virtual informational webinars to inform interested stakeholders of the proposed regulations:

• From 2 to 3 p.m. Thursday, Aug. 1 through DEC. To register, visit this link .
• From noon to 1 p.m. Wednesday, Aug. 14 through the New York State Planning Federation. To register, email: nypf@nypf.org .
• From 1 to 2 p.m. Tuesday, Aug. 27 through the Hudson River Estuary Program. Information on registration is expected to be announced soon.

In September, the DEC is holding two virtual public hearings and an in-person hearing about the proposed new wetland regulations before the public comment period closes on Sept. 19.

The virtual public hearings are scheduled for 1 p.m. and 6 p.m. on Sep. 10. An in-person public hearing will follow at 1 p.m. on Sep. 12 at DEC’s Central Office at 625 Broadway in Albany.

After the hearings and the close of the public comment period, DEC will review the comments received and make any necessary revisions based on information provided by the public.

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