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Carmel, (Town of) Water District No. 13

October 31, 2001

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING

APPLICANT: Town of Carmel, Water District No. 13 (also known as Rolling Greens Water District), 60 McAlpin Avenue, Mahopac, New York 10541 (DEC Application No. 3-3720-00306-00001; Water Supply Application No. 10145)

PROJECT: The applicant has applied for a Water Supply permit to take a supply of potable water averaging 12 gallons per minute (gpm) from 4 wells to serve 42 existing homes and the 9-lot Baldwin Estates residential subdivision. The wells are numbered 1 through 4 and have rated capacities of 18.5, 8, 3, and 19.5 gallons per minute, respectively. Well #3, at 3 gpm, may not be used in calculating the safe yield of the water supply system but may be retained for use as a backup or auxiliary well. The 42 existing homes are located on various streets adjacent to Baldwin Estates and the wellfield is located on a lot set aside for water supply uses in Baldwin Estates. Both are located on Baldwin Place Road, in the Town of Carmel, Putnam County, New York.

PERMIT: Water Supply permit pursuant to Environmental Conservation Law (ECL) Article 15, Title 15 and Part 601 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Part 601).

SEQRA STATUS: Pursuant to the State Environmental Quality Review Act (SEQRA, ECL Article 8 and 6 NYCRR Part 617), the Department of Environmental Conservation (DEC) Staff determined that the project is an unlisted action and will not have a significant impact on the environment. A negative declaration stating this determination is on file. A coordinated review was not performed.

PUBLIC HEARING: A hearing to receive unsworn statements from the public on the application will be held at the CARMEL TOWN HALL, 60 McALPIN AVENUE, MAHOPAC, NEW YORK, at 7:30 P.M. on TUESDAY, JANUARY 8, 2002. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments on the application. It is not necessary to file a written request in advance to speak in this portion of the hearing. Equal weight will be given to both oral and written statements. Written statements may be filed with the Office of Hearings and Mediation Services at the address below prior to the start of the hearing. It is requested that lengthy statements be submitted in writing. The hearing will be conducted pursuant to 6 NYCRR Part 624 (Permit Hearing Procedures).

The hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services will be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge named below at least five business days prior to the date of the hearing.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held at the CARMEL TOWN HALL, 60 McALPIN AVENUE, MAHOPAC, NEW YORK, at 10:00 A.M. on WEDNESDAY, JANUARY 9, 2002 and continuing on January 10, 2002 if necessary. The purpose of the issues conference is to define, narrow and resolve, if possible, the issues concerning the permit application which are proposed for adjudication at the adjudicatory hearing session. IT IS IMPORTANT THAT ANY PERSONS REQUESTING PARTY STATUS APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED.

FILING FOR PARTY STATUS: Party status to participate in the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status, pursuant to 6 NYCRR 624.5 and 624.4(c). A petitioner for party status must demonstrate that a substantive and significant issue exists concerning the proposed project. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

ALL FILINGS REQUESTING PARTY STATUS TO PARTICIPATE IN THE ADJUDICATORY HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINGS AND MEDIATION SERVICES AT THE FOLLOWING ADDRESS NO LATER THAN CLOSE OF BUSINESS ON THURSDAY, JANUARY 3, 2002. Such filings must be submitted to: SUSAN J. DuBOIS, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES, 625 BROADWAY, ALBANY, NEW YORK, 12233-1550 (telephone 518-402-9003).

All persons filing for party status must also send a copy of their petition at the same time and in the same manner to Carol B. Krebs, Esq., NYS DEC Region 3, 21 South Putt Corners Road, New Paltz, New York 12561-1696 and to the attorney for the Applicant, Thomas Costello, Esq., P.O. Box 1200, Carmel, New York, 10512.

DOCUMENT AVAILABILITY: All filed documents are available for inspection during normal business hours at the Department's Region 3 Office, 21 South Putt Corners Road, New Paltz, New York, 12561-1696 (845-256-3165, Attn.: Michael Merriman) and at the Office of Hearings and Mediation Services at the Albany address above. A copy of 6 NYCRR Part 624 may be obtained from the Office of Hearings and Mediation Services.

The notice of complete application was published on June 13, 2001 in the Putnam County Press and in the Environmental Notice Bulletin.

STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (State Environmental Quality Review); Article 15>, Title 15 (Water Supply); Article 70 (Uniform Procedures); and 6 NYCRR Part 601 (Water Supply Applications); Part 617 (SEQRA), Part 621 (Uniform Procedures) and Part 624 (Permit Hearing Procedures).

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
October 31, 2001

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