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ENB - Region 1 Notices 4/17/2013

Public Notice

New York State Department of Environmental Conservations (NYS DEC) Finalizes Tidal Wetlands Guidance Document For Installing Catwalks and Docks

The NYS DEC finalized a guidance document that will aid in the interpretation of terms and conditions contained within the Tidal Wetland Land Use Regulations for the installation of catwalks and docks.

This guidance document is intended to help NYS DEC staff review permit applications for catwalks and docks with the intention of maintaining the quality of tidal wetlands so that they will continue to serve as cleansing and protective ecosystems.

The development of this guidance document is in response to the many challenges involved in managing a program and balancing environmental concerns with developmental pressures. This guidance document is intended to aid both NYS DEC staff and the regulated public by producing a clearer, more easily understood and streamlined permit process for installing catwalks and docks in marine waters.

NYS DEC staff typically issues approximately 1,900 tidal wetland permits a year in Nassau and Suffolk counties alone with docks and catwalks being one of the largest permit items requested. In the early 1970s, New York State began to recognize the importance of tidal wetland areas and sought to insure their protection from filling and dredging, human activities that had drastically reduced the amount of tidal wetlands in New York by passing the Tidal Wetland Act in 1973. The regulations within 6NYCRR Part 661 of the Tidal Wetland Land Use Regulations apply anywhere tidal flooding occurs on a daily, monthly or intermittent basis and to upland development in areas adjacent to tidal wetlands.

Tidal wetlands line much of the salt water shore, bays, inlets, canals and estuaries of Long Island, New York City and Westchester County. They also line the Hudson River in Westchester and Rockland counties upstream to the salt line.

In 1974 DEC collected a set of aerial infrared photographs of all the tidal wetlands on Long Island and along the lower Hudson River. Using these photographs, DEC established the New York State Official Tidal Wetlands Inventory, a set of maps delineating and classifying all the tidal wetlands in New York. These maps are used by DEC and other municipal agencies to control and manage the development, filling and dredging of areas in and around New York's tidal wetlands.

The current Part 661 Regulations are available for review on the NYS DEC Public website at: http://www.dec.ny.gov/regs/2485.html.

NYS DEC has posted this final dock/catwalk guidance along with all other guidance documents related to the tidal wetland program on the Tidal Wetland webpage: http://www.dec.ny.gov/lands/4940.html.

This dock guidance provides guidelines for evaluating the compatibility of a project with onsite conditions and to facilitate consistency with permit issuance standards. It provides users with guidelines on issues such as:

• avoidance of impact to valuable habitats;
• appropriate water depths and methods for determining them;
• structure use; and
• limiting short-term construction impacts.

Contact: Dawn McReynolds, NYS DEC - Region 1 Marine Resources Headquarters, 205 North Belle Meade Road, Suite 1, East Setauket , NY 11733, Phone: (631) 444-0452, E-mail: dxmcreyn@gw.dec.state.ny.us.


Notice of Complete Application Suffolk County Department of Health Services (SCDHS)

Applicant: Amber Court Assisted Living
3400 Brush Hollow Road
Westbury, NY 11590

SEQR: Project is a type I action and will not have a significant effect on the environment. A Negative Declaration is on file. No coordinated review was performed.

SHPA: Cultural resource lists and maps have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Last Filing Date: 06/01/13

Project Location: Nesconset, Suffolk County

Project Description: The SCDHS has made a tentative determination to issue a SPDES permit for the discharge of 30,000 gallons per day of treated sanitary waste to the groundwater located at Lake Avenue, Nesconset, New York. The proposed discharge is located within an area designated as a sole source aquifer. The following public water purveyors have been identified as having service areas located within a three mile radius of the applicant's facility: 1) Suffolk County Water Authority. SPDES NY-0285544

Permit: SPDES

Permit ID: NY-0285544

Contact: Walter Hilbert, P.E.
Suffolk County Department of Health Services
360 Yaphank Avenue-Suite 2C
Yaphank, NY 11980
Phone: (631) 852-5700


Notice of Complete Application Suffolk County Department of Health Services (SCDHS)

Applicant: Port Plaza (E & A), LLC
c/o Edens - Keith Hague
21 Custom House Street, Suite 450
Boston, MA 02110

SEQR: Project is a type I action and will not have a significant effect on the environment. A Negative Declaration is on file. No coordinated review was performed.

SHPA: Cultural resource lists and maps have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Last Filing Date: 06/01/13

Project Location: Brookhaven, Suffolk County

Project Description: The department has made a tentative determination to issue a SPDES permit for the discharge of 13,525 gallons per day of treated sanitary waste to the groundwater located at Route 112, Port Jefferson Station, New York. The proposed discharge is located within an area designated as a sole source aquifer. The following public water purveyors have been identified as having service areas located within a three mile radius of the applicant's facility: 1) Suffolk County Water Authority. SPDES NY-0285552

Permit: SPDES

Permit ID: NY0285552

Contact: Walter Hilbert, P.E.
Suffolk County Department of Health Services
360 Yaphank Avenue-Suite 2C
Yaphank, NY 11980
Phone: (631) 852-5700


Negative Declaration

Suffolk County - The Town of Brookhaven Town Board, as lead agency, has determined that the proposed Swan River Restoration and Trailhead Project will not have a significant adverse environmental impact. The action involves the restoration of a parcel on the west side of the Swan River, approximately 3.77 acres in size, to natural vegetation, a more natural river bank and channel and to create a passive parkland accessible to the public. Proposed work includes creation of an expanded wetland area, a forest, a drainage swale, pervious parking / trails and a native old field. The project is located at at 536 East Main Street in East Patchogue, Town of Brookhaven, New York.

Contact: Luke Ormand, Town of Brookhaven, One Independence Hill, Farmingville, NY 11738, Phone: (631) 451-2388, E-mail: lormand@brookhaven.org.


Positive Declaration

Nassau County - The Great Neck Estates Board of Trustees, as lead agency, has determined that the proposed Bijari Subdivision may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves a proposed subdivision of a property into two residential lots. The project is located at 24 Amherst Road in Great Neck Estates, Town of North Hempstead, New York.

Contact: Kathleen L. Santelli, Village of Great Neck Estates, 4 Atwater Plaza, Great Neck, NY 11021, Phone: 516-482-8283, E-mail: admin@vgne.com.



Notice of Acceptance of Draft EIS and Public Hearing

Nassau County - The Town Board of the Town of Oyster Bay, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Country Pointe at Plainview. A public hearing on the Draft EIS will be held on Arpil 29, 2013 at 7:00 p.m. at the Howard B. Mattlin Middle School, 100 Washington Avenue, Plainview, NY. Written comments on the Draft EIS will be accepted until May 17, 2013. The Draft EIS is available from the Town of Oyster Bay, Office of the Town Clerk; Oyster Bay Town Hall; 54 Audrey Avenue; Oyster Bay, NY; the Plainview Public Library; 999 Old Country Road; Plainview, NY and on line at: http://www.vhb.com/countrypointeatplainviewdeis.

The action involves the rezoning and redevelopment of a143 acre property with 890 units of multi-family housing and 114,330 square feet of commercial space. The site currently is zoned Office Building (OB) and R1 1A One-Family Residence, and contains quasi-municipal, not-for-profit, and recreational uses. The applicant has petitioned for re-zoning to RMF 16 Multi-Family Residence, RSC 25 Multi-Family Senior Residence, and General Business (GB). Relief from a number of dimensional requirements of the proposed multi-family zoning districts is requested. Approximately 44 acres of the site would be dedicated to the Town of Oyster Bay for park and recreation use. The proposed development plan also requires modification of restrictive covenants established when the zoning of a portion of the property was changed to OB in 1997. The project is located at southwest corner of intersection of Old Country Road and Round Swamp Road in Plainview, Town of Oyster Bay, New York.

Contact: John Ellsworth, Town of Oyster Bay, 150 Miller Place, Syosset, NY 11791, Phone: (516) 677-5824, E-mail: jellsworth@oysterbayny.gov.





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