The Town of Webb has been notified that an enforcement action has been directed toward Scott and Russell Thompson of Beaver River in response to permit violations, as alleged by the New York State Department of Environmental Conservation (DEC), according to Randall Young, the regional attorney for the DEC.
In a letter dated December 7, which outlines the department’s position, Young said the DEC’s intention is not to eliminate barge, water taxi and river boat services on Stillwater Reservoir.
Rather, the issue relates to a permit the DEC issued to Scott and Russell Thompson to allow them to operate their barge business on public property.
“We have received complaints from the public that the terms of the permit were violated,” Young said.
According to Young, the terms of the permit are reasonable.
“The Thompsons are using public property—not their own land—and they are subject to restrictions to ensure safe and convenient use of these areas for everyone,” he said.
Young said that, in response to complaints, DEC staff had observed that the Thompsons barge had been beached on the north side of the public boat launch ramp in Stillwater without any operator.
This violates the Thompsons permit, according to Young.
“The permit that authorizes the Thompsons to use the public boat launch for their barge business prohibits landing north of the boat launch ramp and prohibits the barge from being left unattended,” he said.
When staff notified the Thompsons of the violations, they were rebuffed, according to Young.
“Scott Thompson and Russell Thompson have indicated that they are not bound to comply with the terms of the permit or other regulations, and Scott Thompson has said that he would like to explain his position to a judge,” he said.
Accordingly the DEC has commenced enforcement proceedings, Young said.
“The Department’s Staff believes that nobody has an unlimited right to use public property as if it were their own to [the] exclusion of other people,” he said.
Young said that some are of the belief that the DEC is attempting to impede the operation of water taxis and tour boats.
“It is my understanding that tickets were issued because some of these vessels were operating with expired registration,” he said.
But no action is being taken to stop their operation.
“I do not believe that complying with the law that requires boats to be registered with the Department of Motor Vehicles would threaten a tour boat or water taxi business,” Young said.
“However, disposition of such tickets is a matter for the local court,” he added.
Young also indicated that the DEC has been working to support local needs.
“The Department has always attempted to accommodate access to Stillwater Reservoir and the hamlet of Beaver River for the general public and local property owners,” he said.
He cited the department’s history of working with the Town of Webb on dock solutions.
Young also described how the DEC is attempting to fulfill a Thompson recommendation to place a public dock on Grassy Island to allow boats to load and unload in low water conditions.
“The Department is amenable to this suggestion and, depending upon the availability of funding, we hope to place a dock on Grassy Island in the future,” he said.
