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ENB - Region 3 Notices 06/23/2010

Public Notice

New York State Department of Environmental Conservation (NYS DEC)
New York City Department of Environmental Protection (NYC DEP)

NYS DEC Notice of Complete Water Supply Permit Application

NYS DEC/NYC DEP Notice of Joint Public Comment Period and Joint Legislative Public Hearings for the Draft Environmental Impact Statement and Complete Water Supply Permit Application

Applicant and SEQR Lead Agency: New York City Department of Environmental Protection, 59-17 Junction Boulevard, Flushing, NY 11373-5108 (NYSDEC Application #0-9999-00051/00001/ NYCDEP CEQR No: 10DEP046U)

Title of Action: New York State Department of Environmental Conservation: Water Supply Permit Application Decision
New York City Department of Environmental Protection: Continuing funding and implementation of the New York City Watershed Land Acquisition Program

Project Description: The New York City Department of Environmental Protection (NYC DEP) proposes to continue the watershed Land Acquisition Program (LAP) in the three surface water watersheds that constitute the New York City surface water supply system through the year 2022. The three watersheds are the Delaware, Catskill, and Croton Watersheds. With the expiration of the existing Public Water Supply Permit (WSP) in January 2012, NYC DEP has submitted an application for a new 10 year WSP received January 21, 2010, seeking permit approval prior to January 2012 to continue LAP through the year 2022. The goal of the NYC DEP LAP is to acquire fee simple and conservation easement interests to protect environmentally-sensitive land in the NYC DEP watershed as part of the City's overall Watershed Protection Program. LAP is a key component of the City's efforts to continue to provide high quality drinking water without filtration of the Catskill-Delaware (Cat-Del) System, which provides water to over 9 million residents of the City and nearby suburban communities in New York State. Since its creation in the 1990s, LAP has protected, through acquisition, over 108,000 acres of land in the 1 million-acre Cat-Del System. Together with lands protected by the State and other entities, these acquisitions have raised the level of permanently protected land in the Cat-Del System from 24 percent in 1997 to 34 percent today. If approved the future WSP would authorize continued land acquisition in the three watersheds for water quality purposes. Substantially greater emphasis on acquisitions in the Catskill-Delaware System is anticipated.

Public Notice and Public Comment: Public Notice for the project is published in the Environmental Notice Bulletin on June 23, 2010, in the City Record, and in local newspapers located within the New York City Watershed.

Joint Legislative Public Hearings: Joint legislative public comment hearings on the Draft EIS and complete Water Supply Application will be held commencing at 6:00 p.m. at the following locations and dates:

Date: Monday July 12, 2010 at SUNY Delhi,
Evenden Tower, Room 104
2 Main Street
Delhi, NY 13753

Date: Tuesday July 13, 2010 at Hunter Elementary School
7794 Main Street
Hunter, NY 12442

Date: Wednesday July 14, 2010 at Tri Valley High School
34 Moore Hill Road
Grahamsville, NY 12740.

All persons, organizations, corporations, or government agencies which may be affected by or having an interest in this proposed project are encouraged to attend or be represented either individually or collectively and are invited to provide verbal comments on the complete application and Draft EIS. It is not necessary to file in advance to speak at the joint legislative hearings. Lengthy statements can be submitted into the record 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.

These hearing locations are reasonably accessible to persons with a mobility impairment. Interpreter services may also be made available to deaf persons, at no charge, upon written request to the NYS DEC contact person named below, no less than 10 days prior to the hearing, pursuant to SAPA § 202(1).

Following the hearings, the NYS DEC will consider all comments and the complete application including the responses to comments/Final EIS in making a final permit decision and in making a determination on whether substantive or significant issues have been raised as defined in 6NYCRR Part 621 Uniform Procedures and whether an Adjudicatory Hearing Issues Conference should be scheduled before an Administrative Law Judge. In order to raise substantive and significant issues written comments expressing objections to or opposition to the application must explain the basis of that opposition and identify the specific grounds which could lead the Department to deny or impose significant permit conditions on the project.

The NYC DEP as SEQR lead agency will consider all comments received in preparing a response to comments and Final Environmental Impact Statement and in making a final decision on this project.

SEQRA Status: The project is considered a Type I action pursuant to 6 NYCRR Part 617 of the implementing regulations for Environmental Conservation Law (ECL) Article 8, (State Environmental Quality Review Act - SEQRA) and the City Environmental Quality Review (CEQR) process, as set forth in Executive Order 91 of 1977 and its amendments. NYC DEP is the Lead Agency. A Draft Environmental Impact Statement has been submitted by NYC DEP and is available for public comment.

SHPA Determination: The Land Acquisition Program (LAP) would not generally result in any construction activity that would disturb historic or archaeological resources in the watershed. The LAP has the potential to result in a benefit to historic and archaeological resources on acquired sites by ensuring that these sites would not be disturbed. As part of the Community Review Process mandated by the MOA, local Town or Village governments would advise the City whether they wish any structures on property to be removed. Should acquired property be determined to require demolition or alteration of any structure, it would be determined if the structure is subject to State and local regulations regarding historic preservation. If the structure is of historical significance, the City would adhere to all applicable historic preservation laws and rules and regulations.

Written Comments: All comments must be filed with the NYS DEC - Division of Environmental Permits, Region 4 Sub-Office, 65561 State Highway 10, Stamford, NY 12167, Attn: Martha A. Wood, Project Manager. All written comments must be submitted (postmarked) by no later than July 30, 2010. Comments may also be submitted in electronic form to r4dep@gw.dec.state.ny.us.

Document Availability: The Water Supply Application and Draft EIS are available for review at the following repositories during normal business hours Monday through Friday:

Delaware County Office of Watershed Affairs
1 Courthouse Square, Suite 3
Delhi, NY 13753

Hunter Town Hall
5748 State Route 23A
Tannersville, N.Y. 12485

Gilboa Town Hall
373-1 State Route 990V
Gilboa, NY 12076

Neversink Town Hall
273 Main Street
Grahamsville, NY 12740

NYC DEP,
71 Smith Avenue
Kingston, NY 12401

Putnam County Office Building
40 Gleneida Avenue, 3rd Floor
Carmel, New York 10512

The Draft Environmental Impact Statement and Water Supply Permit Application can be found on NYC DEP's website at the following address: http://www.nyc.gov/html/dep/html/environmental_reviews/lap.shtml

For further information, please contact: Martha A. Wood, NYS DEC - Region 4 Sub-Office, Division of Environmental Permits, 65561 State Highway 10, Stamford, NY 12167, Phone: (607) 652-7741, E-mail: mawood@gw.dec.state.ny.us or Sangamithra Iyer, NYC DEP - Bureau of Environmental Planning and Analysis, 59-17 Junction Blvd, 11th Floor, Flushing, New York, 11373-5108, Phone: (718) 595-3585, E-mail: siyer@dep.nyc.gov.



Fact Sheet

The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application from Heathcote Corners, LLC for a site known as the Heathcote Corners, site ID #C360114. This site is located in the Village of Scarsdale, within the County of Westchester and is located at 1 Palmer Avenue, Scarsdale, NY 10583. Comments regarding this application must be submitted no later than July 23, 2010. Information regarding the site, the application, and how to submit comments can be found at: http://www.dec.ny.gov/chemical/60058.html or send comments to Randy Whitcher, Project Manager, NYS DEC - Division of Environmental Remediation, Remedial Bureau C, 625 Broadway, Albany, NY 12233-7014.


Negative Declaration

Putnam County - The Town of Southeast Town Board, as lead agency, has determined that the proposed Comprehensive Plan Amendments will not have a significant adverse environmental impact. The action involves proposed amendments to the Town of Southeast Comprehensive Plan which would recognize existing automobile dealers as uses permitted by Special Permit in the Neighborhood Business 1 (NB-1) Zoning District, and include amendments to the "Future Land Use" map and "Future Zoning Map," as well as the "Goal and Policy" and "Implementation Actions" sections.

At the time the Comprehensive Plan was adopted on June 20, 2002, the Comprehensive Plan included recommendations that discouraged automobile related uses in certain commercial zoning districts in favor of commercial uses that would serve surrounding residential neighborhoods. Subsequent to the adoption of the Comprehensive Plan, previous Town Boards attempted to implement Zoning amendments that would, among other issues, provide specific provisions related to automobile related uses. Zoning amendments were adopted relative to motor vehicle service stations and gasoline stations, but no resolution was achieved on how to treat existing automobile dealerships. The current Town Board recognizes that existing automobile dealerships represent an important business sector within the Town of Southeast and Putnam County and desires to make certain amendments to the Comprehensive Plan and Zoning Amendments to allow for the continued operation of these businesses and expansion of these businesses subject to Special Permit conditions. The project is located throughout the Town of Southeast, New York.

Contact: D. Michael Rights, Town of Southeast, 1360 Route 22, Brewster, NY 10509, Phone: (845) 279-4313.


Westchester County - The Town of Greenburgh Planning Board, as lead agency, has determined that the proposed Cabera Steep Slope Permit will not have a significant adverse environmental impact. The action involves a Planning Board Steep Slope Permit for a proposal to construct an above ground pool and replace the existing brick patio located next to the pool, with a flagstone patio, which will also be extended. The area located behind the proposed pool consists of ledge rock and is proposed to be graded to a 1:1.5 slope. The proposed work would disturb approximately 4,468 square feet of the approximately 19,130 square foot wetland/watercourse buffer area. The proposed disturbance is located approximately sixty-five (65) feet away from an on-site wetland and watercourse. The applicant previously received a Planning Board steep slope and minor wetland/watercourse permit approval on November 20, 2008, as part of Planning Board Case (PB 08-05) for the same proposal. The current proposal constitutes a re-application as a result of the expirations of approvals granted for PB 08-05. The property consists of approximately 21,131 square feet and is located in the R-20 One-Family Residence District. The project is located at 180 Taxter Road in the Town of Greenburgh, New York.

Contact: Thomas Madden, Town of Greenburgh, 177 Hillside Avenue, Greenburgh, NY 10607, Phone: (914) 993-1505, E-mail: tmadden@greenburghny.com.


Westchester County - The Town of Greenburgh Planning Board, as lead agency, has determined that the proposed Jost Steep Slope Permit will not have a significant adverse environmental impact. The action involves a Planning Board Steep Slope permit application to complete the construction of a retaining wall along the sides and rear of the property, construct two (2) separate exterior stone stairwells and make related landscaping improvements. The site contains an existing residence. The applicant has partially disturbed and proposes to disturb a total of 1,072 square feet of disturbance on 15-25% slopes (Steep Slopes) and 700 square feet of disturbance on 25-35% slopes (Very Steep Slopes). The applicant is proposing approximately 100 cubic yards of fill for the site. A fill permit from the Town of Greenburgh Bureau of Engineering will be required. The property consists of approximately 5,997 square feet and is located in the R-5 One-Family Residence District. The project is located at 100 Edgemont Road in the Town of Greenburgh, New York.

Contact: Thomas Madden, Town of Greenburgh, 177 Hillside Avenue, Greenburgh, NY 10607, Phone: (914) 993-1505, E-mail: tmadden@greenburghny.com.


Westchester County - The Town of Greenburgh Planning Board, as lead agency, has determined that the proposed BMW/Ray Catena Steep Slope Permit will not have a significant adverse environmental impact. The action involves an amended site plan and Planning Board steep slope permit application for a proposal to adaptively re-use an existing building (former County Limousine) for the sale, service and storage of motor vehicles. The applicant is proposing a reconfiguration of the parking area, and related site work including landscaped improvements. The applicant proposes 6,752 square feet of disturbance on 15-25% slopes (Steep Slopes), 4,446 square feet of disturbance on 25-35% slopes (Very Steep Slopes), and 8,568 square feet of disturbance on 35+% slopes (Excessively Steep Slopes). The project requires 7,000 cubic yards of cut and 4,500 cubic yards of fill. A fill permit from the Bureau of Engineering will be required. Area variances from the Town of Greenburgh Zoning Board of Appeals will also be required. The subject site is located in the LI Light Industrial District. The project is located at 543 Tarrytown Road in the Town of Greenburgh, New York.

Contact: Thomas Madden, Town of Greenburgh, 177 Hillside Avenue, Greenburgh, NY 10607, Phone: (914) 993-1505, E-mail: tmadden@greenburghny.com.



Notice of Acceptance of Final EIS

Westchester County - The Planning Board of the Town/Village of Harrison as lead agency, has accepted a Final Environmental Impact Statement on the proposed PepsiCo - Project Renew - Master Plan. Copies of the Final EIS are available from the contact person listed below and on line at: http://www.town.harrison.ny.us/. The action involves an analysis of the long term Master Plan for the development of the PepsiCo Inc. World Headquarters site. The Proposed Action is comprised of several components. First, is the long range Master Plan, known as Project Renew, for the entire property including both the main PepsiCo Corporate Campus site and the adjacent Calloway property. The Master Plan is proposed to be implemented in three phases, however the current action seeks site plan approval for Phases I and II only and accompanying wetland and slope and land development permits. Site plan approval for Phases I and II of the Master Plan constitutes the second component of the Proposed Action.

The third component of the Proposed Action involves specific zone text amendments as follows: rezoning portions of the project site located along Anderson Hill Road from the R-1 and R-2 zoning districts to the SB-100 zoning district, which encompasses the majority of the PepsiCo site; modifications to the setback requirement in the SB-100 zone for a portion of the project site that abuts Blind Brook and for an internal lot line located between the SB-100 and the adjacent R-2 zone on the Calloway property; and a provision for land-banking by the Planning Board in the SB-100 for large parking areas of greater than 50 cars. It should be noted that the proposed land-banking zoning text amendment is not original language drafted by the Project Sponsor and uniquely designed for this project, but rather comes from existing language in the Town of Harrison Zoning Ordinance [Sec. 235-61.d(4)(b)] allowing the Zoning Board of appeals to permit land-banking generally. The project is located at the intersection of Anderson Hill Road and Lincoln Avenue in the Purchase area of the Town of Harrison, New York.

Contact: Rosemarie Cusumano, Town/Village of Harrison, 1 Heineman Place, Harrison, NY 10528, Phone: (914) 670-3077.



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