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Glickenhaus-Judelson Real Estate, LLC

July 25, 2003

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC HEARING
PURSUANT TO 6 NYCRR PART 621

APPLICANT: Glickenhaus-Judelson Real Estate. LLC
50 Main Street, Suite 1000, White Plains, NY 10606-1920

APPLICATION No. 3-3730-00118-00001

PROJECT LOCATION: The applicant proposes to construct a 104-lot residential subdivision known as the "Meadows at Deans Corners" on approximately 310 acres on both the north and south side of Deans Corners Road (State Route 124), just east of its intersection with All View Avenue in the Town of Southeast, in Putnam County, NY.

PROJECT DESCRIPTION: The applicant has applied for the following four (4) permits from this Department:

Water Supply Permit (WSA#8934) to take a supply of water averaging up to 49,400 gallons per day (gpd) from two on-site wells having tested capacities of 55 and 58 gallons per minute;

State Pollutant Discharge Elimination System (SPDES) Permit (#NY-0250511) to discharge up to 49,400 gpd of treated sanitary effluent to the groundwaters adjacent to Holly Stream (Index #H-31-24; Class C) from a proposed on-site wastewater treatment plant. The proposed subdivision in located within New York City's Croton Watershed and as such will be required to meet the stricter nitrate and phosphorus limits for discharges within that watershed;

Freshwater Wetlands Permit to disturb a total of 0.29 acres, out of a total of approximately 80 acres, of state regulated Freshwater Wetlands #PE-1 (Class III) and #BR-22 (Class III) and a total of 5.31 acres of the 100-foot wide wetland adjacent areas around these same state regulated wetlands. All of the wetland area to be disturbed and most of the adjacent area to be disturbed is due to the construction of two access road crossings of these two wetlands and Holly Stream. The creation of 3.2 acres of new wetland will result in a mitigation ratio of greater than 11 to 1.

Section 401 Water Quality Certification for the disturbance of a total of 1.28 acres of federally regulated wetland which is located within approximately the same boundaries as the state regulated wetland and adjacent area. The 3.2 acres of wetland area to be created as mitigation for disturbance of state wetland areas will also result in a mitigation ratio for disturbance of federal wetlands of greater than 2.5 to 1.

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR): Pursuant to Environmental Conservation Law (ECL) Article 8 and Part 617 of Title 6 of the New York Codes, Rules and Regulations (6 NYCRR), the Town of Southeast Planning Board, as lead agency, has prepared a Final Environmental Impact Statement (FEIS) and issued SEQR Findings that addresses the potential environmental impacts from the proposed facility.

PUBLIC HEARING: A Legislative Hearing for receipt of public comments on the application will be held at 7:00 P.M. on Wednesday, September 3, 2003 at the following location: Town of Southeast's Lakeview Manor Clubhouse, at 215 Shore Drive, Brewster, NY 10509

All persons, organizations, corporations, or government agencies who may be affected by issuance of the permit are invited to attend the hearing and to submit oral or written comments on the application. It is not necessary to file in advance to speak at the hearing. Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements. The Administrative Law Judge may limit the time for oral comments to ensure that all have an opportunity to be heard. The hearing site is reasonably accessible to the mobility impaired.

DOCUMENT AVAILABILITY: Persons wishing to inspect the application and the Draft SPDES permit should contact the DEC representative listed below for review during business hours (Monday through Friday, 9:00 A.M. - 4:00 P.M.). An appointment is recommended to assure file documents are available. DEC will make a reasonable effort to make the files available within two business days. The documents are available at the following locations:

NYSDEC, Division of Environmental Permits, 21 South Putt Corners Road, New Paltz, NY 12561. ATTN: Michael Merriman, Telephone #845-256-3165

WRITTEN COMMENTS: Written comments may be submitted at the hearing, or may be mailed to Mr. Merriman at the address identified above no later than September 5, 2003.

STATUTORY and REGULATORY PROVISIONS: The permit applications are being reviewed pursuant to ECL Article 8 & 6 NYCRR Part 617 (SEQR); ECL Article 15, Title 15 (Water Supply); Article 15, Title 5 & 6 NYCRR Part 608 (Protection of Water); Article 17, Titles 7 & 8 & 6 NYCRR Part 750 et. seq. (SPDES); Section 401 of the Federal Clean Water Act (401 Water Quality Certification); ECL Article 24; 6 NYCRR Part 663 (Freshwater Wetlands); ECL Article 70 (Uniform Procedures Act); and 6 NYCRR Part 621 (Uniform Procedures).

Albany, New York
July 25, 2003

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