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ENB - Region 1 Notices

Public Notice

Statewide and Region 1

Availability for Comment on Draft TMDL

This notice announces the availability of a DRAFT Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation to address impaired waters in the Peconic Estuary, Suffolk County, specifically:

1. Lower Peconic River and Tidal Tributaries (NYS Priority Waterbodies List Segment #1701-0259)

2. Western Flanders Bay and Lower Sawmill Creek (NYS Priority Waterbodies List Segment #1701-0254)

3. Meetinghouse Creek, Terrys Creek and Tributaries (NYS Priority Waterbodies List Segment #1701-0256)

These are waterbodies that are impaired by nitrogen. Public comment on this document will be accepted for 30 days, through August 17, 2007. A public meeting to explain the draft TMDL will be scheduled during the comment period.

BACKGROUND: States are required by Section 303(d) of the Clean Water Act and the U. S. Environmental Protection Agency's (EPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed TMDL for nitrogen sets waste load allocations that will be used to set discharge limits for wastewater treatment plants, and reduction requirements for municipal stormwater permits. The proposed TMDL also relies on current and ongoing stormwater and other nonpoint source reduction efforts such as the Peconic Estuary Program Management Conference and Comprehensive Conservation and Management Plan process to address existing water quality impairments and preserve water quality in the remaining waters of the Peconic Estuary.

INFORMATION: Copies of the proposed draft plan or information on the public meeting can be obtained by contacting Laura Stephenson, Peconic Estuary Program Coordinator, NYSDEC, Bureau of Marine Resources, 205 N Belle Meade Road, Suite 1, East Setauket, NY 11733, r by phone at 631-444-0871, or via email at lbstephe@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by close of business August 17, 2007 will be considered prior to submitting the final TMDLs to the EPA for approval.


Statewide and Region 1

Availability for Comment on Draft TMDL/Impaired Waters Restoration Plan

This notice announces the availability of a DRAFT Total Maximum Daily Load (TMDL)/Impaired Water Restoration Plan proposed by New York State Department of Environmental Conservation to address twenty (27) specific shellfishing waters that are impaired by pathogens:

1. Hempstead Harbor, north, and tidal tributaries
2. Cold Spring Harbor, and tidal tributaries
3. Huntington Harbor
4. Centerport Harbor
5. Northport Harbor
6. Stony Brook Harbor and West Meadow Creek
7. Port Jefferson Harbor, North, and tributaries
8. Conscience Bay and tidal tributaries
9. Setauket Harbor
10. Mt. Sinai Harbor and tidal tributaries
11. Mattituck Inlet/Creek, Low, and tidal tributaries
12. Goldsmith Inlet
13. West Harbor, Fishers Island
14. Georgica Pond
15. Sagaponack Pond
16. Mecox Bay and tributaries
17. Heady and Taylor Creeks and tributaries
18. Penny Pond
19. Weesuck Creek and tidal tributaries
20. Penniman Creek and tidal tributaries
21. Ogden Pond
22. Quantuck Bay
23. Quantuck Canal/Moneybogue Bay
24. Harts and Seatuck Coves
25. Narrow Bay
26. Bellport Bay
27. Patchogue Bay

Public comment on this document will be accepted through August 25, 2007. NYSDEC will hold an informational meeting from 1:00 PM to 3:00 PM on 10 August 2007 at the NYSDEC Region 1 office located at SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 to discuss the Draft TMDL.

BACKGROUND: States are required by Section 303(d) of the Clean Water Act and EPA's implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards. The proposed TMDL/Impaired Water Restoration Plan for pathogens relies on current and ongoing stormwater and other point and nonpoint source reduction efforts to address existing water quality impairments.

INFORMATION: Copies of the proposed draft plans can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179, or via email at dmwicker@gw.dec.state.ny.us. Comments on the Draft TMDL should be sent by mail or e-mail to the same address before COB August 25, 2007.


Negative Declaration

Nassau County - The Board of Trustees of the Incorporated Village of Great Neck Estates, as lead agency, has determined that the proposed Application of First Playhouse of Great Neck Corp. for an Incentive Use Permit will not have a significant adverse environmental impact. The action involves the First Playhouse of Great Neck is requesting that the Board of Trustee of the Incorporated Village of Great Neck Estates approve a request for an incentive use permit, which would permit renovation of an existing four-story building, which currently contains retail uses on the first floor and six residential apartments on the upper three floors. Upon implementation of the proposed action, the overall building would be increased to five stories and would include retail uses on the first floor comprising 3,040 square feet, and the number of residential apartments on floors two through five would increase from six to 20. The proposed action also includes the development of a total of 30 parking spaces at grade level and on the second level. The project is located 102-112 Middle Neck Road, at the northwest corner of Middle Neck Road and Maple Drive, Incorporated Village of Great Neck Estates, 102-112 Middle Neck Road, at the northwest corner of Middle Neck Road and Maple Drive, Incorporated Village of Great Neck Estates, New York.

Contact: A. Thomas Levin, Incorporated Village of Great Neck Estate, c/o Meyer, Suozzi, English & Klein, P.C., 990 Stewart Avenue, Suite 300, P.O. Box 9194, Mineola, NY 11530-9194, Phone: (516) 592-5704.


Nassau County - The Port Washington Water Pollution Control District (WPCD), as lead agency, has determined that the proposed full-scale biological nutrient removal (BNR) Upgrade and Wastewater Treatment Plant (WWTP) Improvements, Biosolids Incinerator Rehabilitation and WWTP Outfall Rehabilitation will not have a significant adverse environmental impact. The action involves the construction of a permanent full-scale BNR facility at the existing WWTP to comply with the NYSDEC nitrogen permit limitations and Long Island Sound Study recommendations. The design is based on the best available technologies for nitrogen removal and includes approval by the NYSDEC on the proposed modifications. Proposed upgrades and improvements include: new biological treatment system oxidation ditch; new final settling tank and distribution chamber; return activated sludge pumping system, waste activated sludge pumping system, ultraviolet disinfection system, modifications to existing distribution chambers; modifications to existing final settling tanks, new process piping systems; new emergency generator, new recharge basin, and miscellaneous plant improvements.

The District also proposes to rehabilitate the approximately 1,835 lineal feet of existing 24-inch diameter ACP outfall piping from the plant to a manhole at Shore Road just prior to entering Manhasset Bay. The rehabilitation includes the installation of a "cured-in-place" liner system which is not anticipated to require any excavation. The rehabilitation also includes the replacement of approximately 45 lineal feet of the existing 24-inch outfall pipe with new 36-inch diameter ductile iron outfall pipe. This replacement will be performed within the boundaries of District property and the public right-of-way.

In addition, the District is proposing to rehabilitate the existing Fluidized Bed Biosolids Incinerator refractory system. This system is located at the WWTP site. Complete replacement of the existing refractory system will be performed. This rehabilitation will require a shutdown of the fluidized bed system for approximately 4 to 6 months. During this period the District will be required to have their biosolids transported off-site for treatment and disposal. The project is located at 70 Harbor Road, Port Washington, New York, Mill Pond Road, (roadway right-of-way).

Contact: Donald A. Kurz, Port Washington WPCD, 70 Harbor Road, Port Washington, NY 11050-0790, Phone: (516) 944-6100.



Positive Declaration and Public Scoping

Suffolk County - The Town Board of the Town of Brookhaven, as lead agency, has determined that the proposed Change of Zone Applicaiton of CMWV, LLC may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on July 23, 2007 at 7:00 p.m. at the Eastport Fire Department, 21 Union Avenue, Eastport, NY 11941, Phone: (631) 325-0464. The action involves the rezoning of 9.2542 acres presently zoned A Residential 1 and J Business 2, consisting of existing commercial uses along Eastport-Manor Road and unimproved lands along Seatuck Avenue. The existing residential zoning allows for the construction of single family residences. The proposed action represents a change in land use to a multi-use Planned Development District to facilitate the construction of 30,225 square feet of retail/office development, a total of 131 residential dwelling units of mixed housing types and styles, and open area community public spaces. The project is located on the Southeast corner of Eastport Manor Road and Seatuck Avenue, Eastpork, New York.

Contact: Peter E. Fountaine, One Independence Hill, Farmingville, NY 11738, Phone: (631) 451-6455, E-mail: pfountaine@brookhaven.org.



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