Seven Springs, LLC
November 14, 2001
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING AND ISSUES CONFERENCE
APPLICANT: SEVEN SPRINGS, LLC, c/o The Trump Organization, 725 Fifth Avenue, New York, New York 10022
PROJECT APPLICATION NUMBER: DEC 3-5599-00041/00001
PROJECT DESCRIPTION AND LOCATION: The Applicant has proposed the development of an 18-hole championship golf course with associated amenities, including a clubhouse facility, on the 213-acre former Eugene Meyer estate located in the Towns of Bedford, New Castle and North Castle in Westchester County. The property is generally bordered on the south by the Meyer Nature Preserve, on the east by Byram Lake, on the west by Sarles Street and on the north by Oregon Road. Associated with the golf course development is the construction and operation of a Linear Adsorption System (LAS) designed as a structural Best Management Practice for treatment of stormwater from the managed turf areas of the course. The LAS consists of grassed, lined infiltration swales and activated carbon chambers that will result in the discharge of treated stormwater run-off at six outfall locations: 001, 002 to tributaries of Byram Lake; 003 to Byram Lake; 004 and 005 to tributaries of the Kisco River and 006 to a tributary of the Wampus River. As part of the planned clubhouse facility, the Applicant proposes a septic tank with cast galleys system with a discharge of sanitary wastewater capacity of 9316 gallons per day. The project will also result in the modification of approximately 0.97 acres of freshwater wetlands and the Applicant proposes to create 1.76 acres of freshwater wetlands at the site.
PERMITS: The Applicant has applied for a State Pollutant Discharge Elimination System (SPDES) permit for the discharges from the aforementioned LAS, pursuant to Environmental Conservation Law (ECL) Article 17, Titles 7 and 8 and Parts 750 through 758 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Parts 750 through 758). The Department issued a Notice of Complete Application on October 30, 2001. A draft permit containing proposed effluent limitations and monitoring requirements has been prepared by the Department for these discharges and is available for review. In addition, pursuant to the aforementioned regulations, the Applicant requires a SPDES permit for the sanitary wastewater discharges from the clubhouse facility to groundwater. Moreover, the Applicant requires a Water Quality Certification from the Department pursuant to Section 401 of the Federal Water Pollution Control Act and 6 NYCRR Part 608.
SEQRA STATUS: Pursuant to 6 NYCRR Part 617 of the implementing regulations for Environmental Conservation Law (ECL) Article 8, (State Environmental Quality Review Act - SEQRA), a Final Environmental Impact Statement (FEIS) for this project has been prepared and is on file. Co-Lead Agencies for SEQRA review are the Town of North Castle Town Board and the Town of Bedford Zoning Board of Appeals.
STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATION: A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have an impact on registered or eligible archaeological sites or historic structures. The Department must consult further with OPRHP before making a final decision regarding the issuance of the permit.
COASTAL MANAGEMENT: This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
NOTICE OF LEGISLATIVE PUBLIC HEARING: In accordance with the provisions of 6 NYCRR Parts 617, 621 and 624, a legislative public hearing will be held before Administrative Law Judge Richard R. Wissler to receive unsworn statements from the public on the application at two sessions on Monday, December 17, 2001, at the Bedford Hills Community House, 74 Main Street, Bedford Hills, New York. The first session will be from 3:00 P.M. to 5:00 P.M. and the second session will commence at 7:00 P.M. 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. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act (SAPA). For those unable to attend the legislative public hearing, written comments may be submitted to Alexander Ciesluk, Jr., NYSDEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-1696, no later than December 17, 2001.
ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on Tuesday, December 18, 2001, at 10:00 A.M., at the Bedford Hills Community House, 74 Main Street, Bedford Hills, New York, and will continue on succeeding days as necessary. At the issues conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit application which may be raised. Participation at the issues conference will be limited to the Department Staff, the Applicant and those persons requesting party status pursuant to 6 NYCRR 624.4 and 624.5 in advance of the issues conference.
IT IS EXTREMELY 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. An adjudicatory hearing will, if necessary, be scheduled following the issues conference. The issues conference may be canceled if no filings for party status are received by the deadline listed below.
FILING FOR PARTY STATUS AND PROPOSED ISSUES: To participate at the issues conference, parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.
If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.
For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues, as required by 6 NYCRR 624.5(b)(3).
Persons having similar interests of concern are encouraged to file as a consolidated party.
All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by 4:00 P.M. on Monday, December 10, 2001. Such filings must be submitted to the following: Richard R. Wissler, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550; Dominic R. Cordisco, Esq., Regional Attorney, NYSDEC Region 3, 21 South Putt Corners Road, New Paltz, New York 12561-1696; and the attorney for the Applicant Stephen L. Kass, Esq., Carter, Ledyard & Milburn, 2 Wall Street - 13th Floor, New York, New York 10005. Electronic filings and service by fax will NOT be accepted.
STATUTORY AND REGULATORY PROVISIONS:Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (Environmental Quality Review); Article 17, Titles 7 and 8 (Permits and Certificates and SPDES); Article 70 (Uniform Procedures); Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 750-758 (SPDES); Part 617 (State Environmental Quality Review); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).
DOCUMENT AVAILABILITY: The application, the draft SPDES permit, the FEIS and other project information are available for your review at the Department's Office of Hearings and Mediation Services located at 625 Broadway, Albany, NY 12233-1550; and the Departments's Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-3042. In addition, copies of the application, the draft SPDES permit and the FEIS are also available at the following locations:
Town of North Castle, Town Hall, 15 Bedford Road, Armonk, New York 10504;
Town of Bedford, Town House, 321 Bedford Road, Bedford Hills, New York 10507;
Town of North Castle Public Library, 19 Whippoorwill Road East, Armonk, New York 10504;
North White Plains Public Library, Clove Road, North White Plains, New York 10604;
Bedford Free Library, Village Green, Bedford, New York 10506;
Bedford Hills Free Library, 26 Main Street, Bedford Hills, New York 10507;
Katonah Village Library, Bedford Road, Katonah, New York 10536;
Chappaqua Library, 195 South Greeley Avenue, Chappaqua, New York 10514;
Mount Kisco Public Library, 100 Main Street, Mount Kisco, New York 10549.
SUMMARY OF IMPORTANT DATES AND TIMES:
Monday, December 10, 4:00 P.M..............................................Deadline for Filing for Party Status
Monday, December 17, 2001, 3:00 P.M. to 5:00 P.M. and 7:00 P.M...........Legislative Public Hearing
Tuesday, December 18, 2001, 10:00 A.M.............................................................Issues Conference
For further information please contact: Alexander Ciesluk, Jr., NYSDEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-1696; Telephone: (845) 256-3014.
Daniel E. Louis
Chief Administrative Law Judge
Albany, New York
November 14, 2001