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ENB - Region 3 Notices

Public Notice

Proposed Designation of Natural Heritage Area

The New York State Department of Environmental Conservation (DEC) is proposing to designate Tivoli Bays Wildlife Management Area, located in the Town of Red Hook in Dutchess County, as a Natural Heritage Area (NHA) pursuant to Article 11 of the Environmental Conservation Law (ECL § 11-0539.7). The NHA program recognizes rare animals, rare plants, and significant natural communities, and provides greater assurance that management activities on designated state lands protect those unique resources for which the area was designated. Designation of the NHA includes recognition of compatible uses that may continue, consistent with the conservation of those natural heritage resources present.

This designation is the first to be made by DEC for DEC-owned and managed lands.

Tivoli Bays is being designated as a NHA for the following reasons: Surveys and inventories indicate that there is one endangered fish, one threatened animal, one endangered plant, one threatened plant, one rare animal, four rare plants, and five significant natural communities.

For additional information about this designation please see Natural Heritage Areas.

DEC will accept comments on the proposed Tivoli Bays NHA until September 14, 2007. Comments should be addressed to Betsy Blair, NYS Department of Environmental Conservation, Norrie Point Environmental Education Center, PO Box 315, Staatsburg NY 12580 or by email to bablair@gw.dec.state.ny.us.

County: Orange

Lead Agency: NYSDEC

Project Title: Availability of Voluntary Cleanup Project Remedial Action Work Plan North Plank Road Shoprite Plaza

Site ID No: V-00118-3

Project Location: 206 North Plank Road, Town of Newburgh

Brief Project Description: The North Plank Road Shoprite Plaza occupies 6.5 acres directly east of State Route 32 (North Plank Road) in the Town of Newburgh, Orange County, New York. A dry cleaning facility occupied a storefront at the shopping plaza from 1984 until 1995. Poor handling, storage and disposal of dry cleaning waste resulted in contamination at this site. Previous soil and groundwater investigations have been conducted at the site, which included the installation of monitoring wells and soil borings to determine the nature and extent of the site's contamination. The investigations concluded that dry cleaning fluid, perchloroethylene (PCE) had contaminated soil and groundwater in the vicinity of the former dry cleaner. No contaminated groundwater has migrated off the site. An exposure assessment determined that there are no public or private wells within 1000 feet of the site.

The site has been the subject of several interim remedial measures. Previous remediation efforts included excavation of site soils and storm sewer sediments. Also, in May of 2006 the site owner installed a Sub-slab Depressurization System (SSDS) in the plaza to eliminate the potential for vapor intrusion exposures. Based on these remedial measures, the RAWP calls for a continued site management program. A Site Management Plan has been developed, which addresses all future maintenance and monitoring requirements including groundwater monitoring, routine inspection of the SSDS and periodic certification of the site engineering institutional controls.

There is a 30-day comment period for the Remedial Work Plan, commencing with the date of this publication and ending on September 14, 2007.

For more information, site documents, including the Voluntary Cleanup Agreement, Remedial Action Work Plan dated June 2007, and a Fact Sheet can be reviewed at the Newburgh Free Library, 124 Grand Street, Newburgh, NY 12550, (845) 561-1881 and the NYSDEC Region 3 Office, 21 South Putt Corners Road, New Paltz, New York 12561, (845)-256-3154.

Questions or comments can be directed to John Miller, NYSDEC, Division of Environmental Remediation, Remedial Bureau C, 625 Broadway, 11th Floor, Albany NY, 12233-7014. Phone: (518) 402-9564, Fax: (518) 402-9679, E-mail: jymiller@gw.dec.state.ny.us.

Negative Declaration (Correction)

Dutchess County - The Town of Milan Town Board, as lead agency, has determined that the proposed Local Law # ___ of 2007 of the Town of Milan Repealing Local Law # 12 of 2006 Amending Chapter 200 "Zoning" to Eliminate the "Light Industrial District (LI) - Floating Zone" and to Regulate or Eliminate the Uses Which Were Allowed in the "Light Industrial District (LI) - Floating Zone" will not have a significant adverse environmental impact. The proposed Local Law amends Chapter 200 of the Town of Milan Zoning Code to eliminate the Light Industrial District - Floating Zone and eliminate the unique bulk and area regulations for the light industrial uses respectively. The project is located in the Town of Milan, Dutchess County.

Contact: John V. Talmage, Town of Milan Town Board, 20 Wilcox Circle, Milan, NY 12571, (845) 758-5133 ext 28.

Negative Declaration

Orange County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed E. Tetz & Sons Chester Plant Expansion will not have a significant adverse environmental impact. The action involves the expansion of an existing "life of mine" sand and gravel mine of 79 acres (of which all but approximately 28 acres has been reclaimed) by 36 ± acres. The project is located on the south side of NYS Route 9A east of the intersection with Glenmere Avenue, Town of Chester, New York.

Contact: Lawrence G. Biegel, NYS DEC, 21 South Putt Corner Road, New Platz, NY 12561-1696, Phone: (845) 256-3041.

Ulster County - The City of Kingston Planning Board, as lead agency, has determined that the proposed expansion of The Colony Liquor and Wine Distributors, LLC Warehouse and Distribution Facility will not have a significant adverse environmental impact. The action involves the site plan approval for the construction of a 120,400 square foot single story warehouse building and accessory parking, loading docks, circulation drives, exterior lighting, stormwater management, berms, landscaping and related structures and facilities as part of an expansion of an existing wholesale liquor and wine warehousing and distribution facility. It also involves the proposed amendment to the zoning map of the City of Kingston to extend the M-1 Light Manufacturing District into an adjoining 7.952 acre parcel currently zoned R-6 Multiple Family Residential together with proposed variances from certain landscaping requirements of the city zoning code relating to off street parking and landscaping. The project is located 132 and 132R Flatbush Avenue, City of Kingston, New York.

Contact: City of Kingston Planning Department, City Hall, 420 Broadway, Kingston, NY 12491, c/o Suzanne Cahill, Phone: (845) 331-0080.

Notice of Acceptance of Final EIS

Orange County - The Town of Goshen Planning Board, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Hendler Planned Adult Community. The action involves the proposal to build a Planned Adult Community (PAC) with a total of 154 dwelling units on 49.87 acres in the CO zoning district on Cheechunk Road. A Special Use Permit is required. In addition to the PAC, the applicant intends to subdivide 27.19 acres of property in the RU zone into seven single family lots. The proposed residential development would be served by private on-site centralized sanitary wastewater collection and disposal system and a potable water supply system.. The project is located at the intersection of Cheechunk Road and 6-1/2 Station Road in the Town of Goshen, New York.

Contact: Ralph Huddleston, Town of Goshen Planning Board, P.O. Box 217, Goshen, NY 10924, Phone: (845) 294-6250.

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