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ENB - Region 3 Notices 1/16/2013

Public Notice

Notice of Application and Public Hearing

Applicant:

New York State Department of Transportation (NYS DOT) and New York State Thruway Authority (NYSTA)

Applications:

NYS DEC # 3-9903-00043/00012 Tidal Wetlands Permit
NYS DEC # 3-9903-00043/00013 Water Quality Certification
NYS DEC # 3-9903-00043/00014 Incidental Take Permit

Prior Notice

The Department posted a Notice of Complete Application and Public Hearing for these applications in its July 25, 2012 online Environmental Notice Bulletin. The notice was published in the Westchester Journal News on the same date. The notice announced complete applications and hearings for commenting on them. Those proceedings were postponed. This notice announces the rescheduled hearings.

Project Description:

Construction of a new bridge across the Hudson River, consisting of two structures, between Rockland County and Westchester County, to replace the existing Tappan Zee Bridge. The subject applications seek permits for the following components of the Replacement Bridge:

1. Construction of two parallel bridge structures from landings in Rockland County and Westchester County. There will be a 1200 foot cable-stayed span over the Hudson River navigation channel. This work will require the installation of 931 piles, including 15 piles installed for a geotechnical investigation; pile caps; and other structures necessary to support the roadway. The test piles will be removed.

2. Dredging approximately 951,000 cubic yards of sediment over approximately 139 acres of the River. The dredging will create depth sufficient to allow barge access during construction and demolition.

3. Covering, or "armoring," approximately 107 acres of dredged river bottom. The armoring is intended to reduce construction vessel prop wash dispersal of bottom sediment into the surrounding water column.

4. Construction of approximately 2.44 acres of permanent and 6.69 acres of temporary pile-supported platforms over the River.

5. Demolition and removal of the existing Tappan Zee Bridge.

Project Location

The new bridge will cross the Hudson River just north of the existing Tappan Zee Bridge, from the Village of South Nyack in Rockland County to the Village of Tarrytown in Westchester County.

Permits:

Tidal Wetlands permit pursuant to New York State Environmental Conservation Law Article 25 and its implementing regulations at 6 NYCRR Part 661.

Incidental Take permit pursuant to New York State Environmental Conservation Law Article 11 and its implementing regulations at 6 NYCRR Part 182.

Water Quality Certification under Section 401 of the Clean Water Act, U.S. Public Law 95-217, and 33 USC 1341; and its NYS implementing regulations at 6 NYCRR Part 608.

State Environmental Quality Review Act (SEQR):

Pursuant to the State Environmental Quality Review Act (SEQRA; ECL Article 8 and 6 NYCRR Part 617), the project was defined as Type I action. A Draft Environmental Impact Statement was prepared under the National Environmental Policy Act of 1969, for which the Federal Highway Administration (FHWA) was the lead agency and NYS DOT and NYSTA joint lead agencies. In accordance with 6 NYCRR §617.15, the NEPA and SEQRA procedures were coordinated.

A Final Environmental Impact Statement (Final EIS) was signed by the FHWA, NYS DOT and NYSTA on July 25, 2012 and was published in the Federal Register on August 3, 2012.

On September 25, 2012, the applicants issued a Joint Record of Decision (ROD) and SEQRA Findings Statement. On December 14, 2012, a formal Reevaluation Statement (RS) was issued. The RS evaluated the environmental impact of the selected builder's design

The RS concluded that existing environmental assessments (the Final EIS, the ROD and SEQRA Findings Statement) were sufficiently comprehensive to obviate the need for further environmental review.

Accordingly, NYS DEC may make its permit decision after it has issued the findings required by 6 NYCRR §617.11.

Tentative Department Position and Document Availability:

As described above, in July 2012 NYS DEC determined that the applications were complete pursuant to 6 NYCRR Part 621. It concluded then that all statutory and regulatory criteria could be met through the imposition of permit special conditions.

The applicants have since selected a final project design. The selected contractor's initial project data alters or refines the general project information on which the July 2012 Notice was based.

These preliminary refinements indicate the project will result in a less significant impact on the Hudson and environment than indicated at the time of the July 25, 2012 Notice. Even so, the draft permit's required mitigation plan is unchanged; compensatory mitigation for the originally identified adverse environmental impacts will be undertaken. A revised draft permit based on the contractor's information will be posted no later than January 23, 2013 on NYS DEC's Environmental Notice Bulletin at: www.dec.ny.gov/enb/enb.html.

Application documents may be viewed online at: http://www.newnybridge.com/documents/dec-permit/index.html.

Hard copies of the application documents may be reviewed during normal business hours at the following sites:

NYS Department of Environmental Conservation (9:00 a.m. to 4:00 p.m.)

Division of Environmental Permits
625 Broadway, 4th Floor
Albany, New York

NYS Department of Environmental Conservation (9:00 a.m. to 4:00 p.m.)
Division of Environmental Permits
21 South Putt Corners Road
New Paltz, NY

The Warner Library
121 N Broadway
Tarrytown, NY 10591-3299

The Nyack Library
59 South Broadway
Nyack, NY 10960

After February 1, 2013 the documents can also be seen at:

The New NY Bridge Westchester Outreach Center
303 South Broadway
Tarrytown, NY

The New NY Bridge Rockland Outreach Center
142 Main Street
Nyack, NY

Public Hearings:

The public is invited to comment on the application at the following hearings:

Date: Wednesday, February 6, 2013
Times: 2:00 p.m. and 6:00 p.m.
Location: Comfort Inn and Suites, Regency Ballroom
425 East Route 59
Nanuet, New York

Date: Thursday, February 7, 2013
Times: 2:00 p.m. and 6:00 p.m.
Location: Westchester Marriott, Grand Ballroom
670 White Plains Road
Tarrytown, New York

All persons, organizations, corporations, or government agencies that may be affected by the proposed project are invited to attend the hearing and to give oral or written comments specific to the applications. Lengthy comments should be made in writing.

Equal weight will be given to both oral and written statements. The Administrative Law Judge (ALJ) presiding over the hearing may limit oral statements to less than five minutes to accommodate as many speakers as possible. The hearing facility is reasonably accessible to the mobility impaired.

Translator services shall be made available, at no charge, upon written request to the ALJ at least 10 days prior to the hearing. All requests must be made to the NYS DEC Office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550, Phone: (518) 402-9003. The request must be received no later than 4:00 p.m. on January 23, 2013. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above at least 10 days prior to the hearing.

Written Comments:

All written application comments must be submitted to the NYS DEC Contact Person listed below. Mailed comments must be postmarked no later than February 18, 2013. E-mailed or faxed comments must be received by DEC by 5:5:00 p.m. February 18, 2013.

All comments on the application will be considered by NYS DEC to determine if they raise substantive and significant issues relating to any findings or determinations required of the NYS DEC under the Environmental Conservation Law.

NYS DEC Contact Person:

John J. Ferguson
NYS DEC - Division of Environmental Permits
625 Broadway, 4th Floor
Albany, NY 12233-1750
Phone: (518) 402-9167
Fax: (518) 402-9168
E-mail: deppermitting@dec.ny.gov


Negative Declaration

Dutchess County - The Town of Stanford Planning Board, as lead agency, has determined that the proposed Stanford Free Library Site Plan and Special Use Permit will not have a significant adverse environmental impact. The action involves the construction of an approximately 5,184 square foot library and community center on an approximately 1.03 acre site, within the Town of Stanford's Rural Center zoning district. The project includes construction of 21 parking spaces, an internal access drive, a private septic system treating an estimated flow of 325 gallons per day, and a private water supply system supplying 5 gallons per minute. A projection of traffic generation was determined to be less than 100 vehicles at peak hour, thereby not warranting a traffic impact analysis. Land disturbance will be less than 1.0 acres and soil erosion will be minimized by implementation of standard erosion control measures. The development will implement the use of porous pavement to reduce storm water discharge below pre-development conditions.

The action is a Type I action because it is occurring on a property that is substantially contiguous to an historic building (The Cambell House) that is listed on the State and National Register of Historic Places.

The application was referred to the Dutchess County Planning and Development Federation under the New York General Municipal Law section 239-M due to its proposed location on a State road. The response was that the proposed action involves a matter of local concern with comments.The Planning Board reviewed the response comments and the Applicant made changes where necessary.

Referral was made to the New York State Department of Parks Recreation and Historic Preservation and a response was received expressing no concern about an impact on the Cambell House. Referral was made to New York State Department of Transportation. Response indicated conceptual approval with comments.

The project is located at 6035 Route 82 in Stanfordville, Town of Stanford, New York.

Contact: John Royall, Town of Stanford, P.O. Box 436, Stanfordville, NY 12581, Phone: (845) 373-9469, E-mail: stanfordplanning@yahoo.com.


Notice of Acceptance of Draft SEIS and Public Hearing

Rockland County - The Town of Clarkstown Planning Board, as lead agency, has accepted a Draft Supplemental Environmental Impact Statement on the proposed Orchard Ridge Active Adult Residential Housing. A public hearing on the Draft SEIS will be held on January 30, 2013 at 7:00 p.m. at the Clarkstown Town Hall, 10 Maple Avenue, New City, NY 10956. Written comments on the Draft EIS will be accepted for 10 days following the close of the public hearing. The Draft SEIS is available from the Town of Clarkstown Planning Office; the New City Library; the Valley Cottage Library and on line at: www.timmillerassociates.com/publicreview/orchardridge/.

The action involves the construction of a 320 unit multifamily, age restricted, residential project.

The project site is located in the unincorporated area of the Town of Clarkstown, New York. The project site is approximately 29.6 acres in size, on the west side of NYS Route 303, east of the CSX Railroad right-of-way, on the south end of Old Orchard Lane, approximately 1 mile south of the intersection of US Route 9W and NYS Route 303. Access to the site is currently available to NYS Route 303 from Meola Road. All internal roads shall be privately owned and maintained by a condominium or homeowner's association (HOA). As part of the project design it is anticipated that a left turn lane into the project site may be constructed on NYS Route 303 at the main entrance location.

Contact: Joe Simoes, Town of Clarkstown, 10 Maple Avenue, New City, NY 10956, Phone: (845) 639-2066 E-mail: j.simoes@clarkstown.org.


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