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ENB - Region 4 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 dep.r4@dec.ny.gov.

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

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.

Negative Declaration

Delaware County - The Town of Walton Town Board, as lead agency, has determined that the proposed Adoption of Zoning Amendments to Regulate Cell Towers will not have a significant adverse environmental impact. The action involves the Town of Walton Planning Board's review and amendment of the Local Law for Zoning to clearly address cell towers and other telecommunication facilities. The changes proposed reflect the goals of the Town of Walton Comprehensive Plan and incorporates all requirements defined by the FCC. The Local Law has been amended and made available for public review. The changes are consistent with the written purpose of the Town of Walton Zoning Law. The project is located throughout the Town of Walton, New York.

Contact: Bruce Dolph, Town of Walton, 129 North Street, Walton, NY 13856, Phone: (607) 865-5766, E-mail: waltonsupervisor@stny.rr.com.

Positive Declaration

Rensselaer County - The Town of Brunswick Town Board, as lead agency, has determined that the proposed Oakwood Property Management Planned Development District may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves mulch processing, stockpiling, and distribution; topsoil blending and distribution; operation of commercial landscaping business; truck parking and depot; maintenance garage; and office operations. The project is located 215 Oakwood Avenue in the Town of Brunswick, New York.

Contact: Phillip H. Herrington, Town of Brunswick, 336 Town Office Road, Troy, NY 12180, Phone: (518) 279-3461.

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