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ENB - Region 3 Notices 4/17/2013

Public Notice

Notice of Public Hearing

Notice of Acceptance of Draft Environmental Impact Statement for the Belleayre Mountain Ski Center Unit Management Plan (Ump/Deis)

Notice of Complete Application For Permit Applications for the Belleayre Mountain Ski Center Unit Management Plan

Notice of Acceptance Of The Supplemental Draft Environmental Impact Statement (SDEIS) for the Modified Belleayre Resort at Catskill Park

Notice of Complete Application for Permit Applications for the Modified Belleayre Resort At Catskill Park

Notice of Public Hearing for: The Belleayre Mountain Ski Center Unit Management Plan/DEIS (Part A); the Modified Belleayre Resort at Catskill Park SDEIS (Part B); Cumulative Impacts of Combined Developments (Part C); and Associated Permit Applications

Project Co-Sponsors and Project Applicant for the Belleayre Mountain Ski Center Unit Management Plan and Permit Application:

New York State Department of Environmental Conservation (DEC)
Project Co-Sponsor for UMP/DEIS
625 Broadway
Albany, New York

NYS Olympic Regional Development Organization (ORDA)
Project Applicant for SPDES Permit Application and
Project Co-Sponsor for UMP/DEIS
Olympic Center, 2634 Main Street
Lake Placid, NY 12946

NYS DEC Application ID: 3-5150-00005/00005

Facility: Belleayre Mountain Ski Center
Route 49A
Highmount, NY 12441

Project Applicant for the Modified Belleayre Resort At Catskill Park:

Crossroads Ventures, LLC
PO Box 466
Highmount, NY 12441

NYS DEC Application Id: 0-9999-00096/00012 - State Pollutant Discharge Elimination System
0-9999-00096/00013 - Use and Protection of Waters

Facility: Modified Belleayre Resort at Catskill Park
County Route 49A
Highmount, NY 12441

Belleayre Mountain Ski Center UMP/DEIS

Project: Belleayre Mountain Ski Center Unit Management Plan

Project Description: The NYS DEC and NYS ORDA have prepared a draft revision to the Belleayre Mountain Ski Center UMP that provides for the following actions: installation of three (3) new ski lifts; replacement of two (2) existing ski lifts; addition of sixteen (16) new ski trails; construction of up to three (3) additional parking areas; expansion of the existing Discovery Lodge and Sunset Lodge; construction of the following new structures: the Tomahawk Lodge, an Information Booth, a salt storage building, an additional snowmaking pond, installation of snowmaking piping, a lower pumphouse, and a compressor facility; modification of existing pumphouses; the acquisition and classification of the parcel of land that was the site of the former Highmount Ski Center; reclassification of 149 acres of the Ski Center's Intensive Use Area to a Wilderness designation; and classification of 263 acres of Forest Preserve land as an addition to the Ski Center's Intensive Use Area.

The project site is located in the Town of Shandaken (Ulster County) within the boundaries of the New York State Catskill Park. The proposed project is adjacent to the State-owned Forest Preserve Lands comprising the Shandaken Wild Forest and Big Indian Wilderness Area.

Draft Permits: NYS DEC staff have prepared a draft SPDES Permit for stormwater discharges to surface waters of the State from construction activities associated with the Belleayre Mountain Ski Center, issued in compliance with Title 8 of Article 17 of the New York State Environmental Conservation Law (ECL) and in compliance with the Clean Water Act, as amended (33 U.S.C. §1251, et seq.).

State Environmental Quality Review Act (SEQR): Under SEQR, the Belleayre Mountain Ski Center UMP associated with this permit is classified as a Type I action with DEC designated as the lead agency. DEC has determined that the project may have a significant effect on the environment. Accordingly, a DEIS has been prepared and accepted as complete by DEC.

State Historic Preservation Act (SHPA) Determination: A cultural resources survey has been completed. Based on information provided in the survey report, DEC has determined, pursuant to Section 14.09 of the State Historic Preservation Act, that the proposed activity will have no impact on resources listed or eligible for listing in the

State or National Registers of Historic Places. No further review in accordance with SHPA is required.

Modified Belleayre Resort At Catskill Park

Project: Modified Belleayre Resort at Catskill Park

Project Description: Crossroads Ventures, LLC has submitted applications for a proposed development known as the Modified Belleayre Resort at Catskill Park, which includes the Wildacres Resort and Highmount Spa Resort. Wildacres Resort is located on approximately 254 acres on the eastern side of the Project site, west of the Belleayre Mountain Ski Center, and would include an 18-hole golf course, a 250-unit hotel, and 163 lodging units in multi-unit buildings. Highmount Spa Resort is located on a portion of the approximately 237 acres that includes the site of the former Highmount Ski Area. Development proposed for the Highmount Spa Resort includes a 120-unit hotel with spa facilities and 53 fractional ownership units. Also proposed is a multi-level lodge building containing 27 fractional ownership units and 16 detached lodging units in 8 duplex buildings.

The project site is located in the Towns of Shandaken (Ulster County) and Middletown (Delaware County) within the boundaries of the New York State Catskill Park. The proposed project is adjacent to the State-owned Belleayre Mountain Ski Center and within the New York City Pepacton Reservoir watershed.

Draft Permits: NYS DEC staff have prepared a draft SPDES Permit for stormwater discharges to surface waters of the State from construction activities associated with the Modified Belleayre Resort at Catskill Park, issued in compliance with Title 8 of Article 17 of the ECL and in compliance with the Clean Water Act, as amended (33 U.S.C. §1251, et seq.). In addition, staff has prepared a draft Protection of Waters Permit, issued in compliance with Title 5 of Article 15 of the ECL for proposed crossings of regulated streams on the property.

State Environmental Quality Review Act (SEQR): The proposed project is a Type 1 action. A DEIS on a predecessor resort proposal, known as "Belleayre Resort at Catskill Park," was accepted as complete on November 26, 2003; and a hearing was held on the DEIS on January 14, 2004 and January 15, 2004. Subsequently, the project was modified. On November 19, 2007, NYS DEC, as lead agency, determined that the project, as modified and known as the Modified Belleayre Resort at Catskill Park, may have a significant impact on the environment. Accordingly, an SDEIS was prepared. It has been accepted as complete by NYS DEC.

State Historic Preservation Act (SHPA) Determination: A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation has determined that the proposed activity will have no adverse effect on properties in or eligible for listing on the State and National Registers of Historic Places. No further review in accordance with SHPA is required.

Cumulative Analysis

This section of the environmental impact statement relates to the cumulative impact of the projects proposed in the Belleayre Mountain Ski Center UMP and the proposed Modified Belleayre Resort at Catskill Park.

Document Availability

The application materials, the draft permits, the draft UMP/DEIS, the SDEIS and other project information are available for your review online at the following websites:
• The DEIS and SDEIS for the Modified Belleayre Resort at Catskill Park can be found online at: http://www.thelagroup.com/Belleayre_Resort/index.htm.

• The following documents are available online at http://www.dec.ny.gov/permits/54704.html
i) Draft revision of Belleayre Mountain Ski Center UMP/DEIS (Part A),
ii) Cumulative Impact Analysis (Part C),
iii) Draft SPDES Permit and Fact Sheet for stormwater discharges to surface waters of the State from construction activities associated with the Belleayre Mountain Ski Center, and
iv) Draft Protection of Waters permit and draft SPDES Permit and Fact Sheet for stormwater discharges to surface waters of the State from construction activities associated with the Modified Belleayre Resort at Catskill Park.

Documents are also available for review at the NYS DEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-3042, during normal business hours between 8:30 a.m. and 4:45 p.m., Monday through Friday, contact NYS DEC Region 3 at (845) 256-3000 to make an appointment. To request an electronic copy of the documents, send an email, with the words "REQUEST DVD" in the subject line, with your request including your name and address, to the following email: belleayre@gw.dec.state.ny.us. In addition, the documents are available both electronically and as hard copies at the following locations beginning on Friday, April 19. 2013:

Skene Memorial Library
Main Street
Fleischmanns, NY 12430

Phoenicia Library
9 Ava Maria Drive
Phoenicia, NY 12464

Written Comments

All written comments concerning the various applications before NYS DEC, the draft SPDES permits and protection of waters permit, the draft revision to the Belleayre Mountain Ski Center UMP/DEIS, and the Modified Belleayre Resort at Catskill Park SDEIS must be received by June 24, 2013 and must be sent to the following NYS DEC Contact Person:

Daniel T. Whitehead
Regional Permit Administrator
NYSDEC
21 South Putt Corners Road
New Paltz, NY 12561-1620
Comments will also be received via e-mail: belleayre@gw.dec.state.ny.us

Notice of Legislative Public Hearing

In accordance with the provisions of 6 NYCRR Parts 617 and 621, a legislative public hearing will be held before Administrative Law Judge (ALJ) Molly T. McBride to receive unsworn statements from the public on the applications and the draft revision of the Belleayre Mountain Ski Center UMP/DEIS and Modified Project at Catskill Park SDEIS at two sessions on May 29, 2013. The first session will commence at 3:00 p.m. and a second session will commence at 6:00 p.m. All persons, organizations, corporations, or government agencies which may be affected by the proposed projects are invited to attend the hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits, no less than three (3) minutes, may be established for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act (SAPA). For those unable to attend the legislative public hearing, as indicated above, written comments may be submitted to:

Daniel T. Whitehead
NYSDEC Region 3 Headquarters
21 South Putt Corners Road
New Paltz, NY 12561-1696, no later than June 24, 2013.

Statutory and Regulatory Provisions:

Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (Environmental Quality Review); Article 15,Title 5 (Protection of Waters), Article 17, Titles 7 and 8 (Permits and Certificates and SPDES); Article 70 (Uniform Procedures); Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 750-758 (SPDES); Part 617 (State Environmental Quality Review); and Part 621 (Uniform Procedures).

Summary of Important Dates and Times:
• Wednesday, May 29, 2013, 3:00 p.m. and 6:00 p.m. Public Hearing at the Discovery Lodge at the Ski Center located on Route 28 in Highmount, NY
• Monday, June 24, 2013.- Deadline for Filing Written Comments

For further information please contact: Daniel T. Whitehead, NYS DEC - Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-1696, Phone: (845) 256-3801.


Notice of Informational Presentation on Belleayre Mountain Ski Center Unit Management Plan (UMP)

County: Ulster

Lead Agency: New York State Department of Environmental Conservation (NYS DEC)

Project Title: Informational Presentation on Draft Revision of the Belleayre Mountain Ski Center UMP

Project Location: The Belleayre Mountain Ski Center is located on County Route 49A, Highmount, in the Town of Shandaken, Ulster County, in southeast New York State.

Project Description: NYS DEC and the Olympic Regional Development Authority (NYS ORDA) have prepared a draft revision to the Belleayre Mountain Ski Center UMP which provides for the following actions: installation of three (3) new ski lifts; replacement of two (2) existing ski lifts addition of sixteen (16) new ski trails; construction of up to three (3) additional parking areas; expansion of the existing Discovery Lodge and Sunset Lodge; construction of the following new structures: the Tomahawk Lodge, an Information Booth, a salt storage building, an additional snowmaking pond, installation of snowmaking piping, a lower pumphouse, and a compressor facility; and modification of existing pumphouses, the acquisition and classification of the parcel of land which was the site of the former Highmount Ski Center, reclassification of 149 acres of the Ski Center's Intensive Use Area to a Wilderness designation, classification of 263 acres of Forest Preserve land as an addition to the Ski Center's Intensive Use Area.

NYS DEC and NYS ORDA will hold an informational presentation open to the public to present general details related to the proposed actions set forth in the draft UMP on Wednesday, May 22, 2013 at 7:00 pm at the Belleayre Mountain Ski Center Discovery Lodge on Route 49A in Highmount, NY. The Discovery Lodge is wheelchair accessible. Please call the Ski Center at: (845) 254-5600 to let us know of any other specific accommodations you may require by Thursday, May 17, 2013. Following the presentation, NYS DEC and NYS ORDA staff will be available to informally discuss the details of the proposed projects set forth in the draft revision of the UMP with members of the public. The draft revision of the UMP is posted on the NYS DEC's website at http://www.dec.ny.gov/permits/54704.html. To request an electronic copy of the documents, send an email, with the words "REQUEST DVD" in the subject line, with your request including your name and address, to the following email: belleayre@gw.dec.state.ny.us.

The draft revision of the UMP/DEIS is also available for review at the NYS DEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-3042, during normal business hours between 8:30 a.m. and 4:45 p.m., Monday through Friday, contact NYS DEC Region 3 at (845) 256-3000 to make an appointment. In addition, the document is available both electronically and hard copy at the following locations beginning on Friday, April 19. 2013:

Skene Memorial Library
Main Street
Fleischmanns, NY 12430

Phoenicia Library
9 Ava Maria Drive
Phoenicia, NY 12464

Written Comments

All written comments concerning the application before NYSDEC, the draft SPDES permit, and the draft revision to the Belleayre Mountain Ski Center UMP/DEIS must be received no later than June 24, 2013 and must be sent to the following Department Contact Person:

Daniel T. Whitehead
Regional Permit Administrator
NYSDEC
21 South Putt Corners Road
New Paltz, NY 12561-1620

Comments will also be received via e-mail at the following email address: belleayre@gw.dec.state.ny.us or may be submitted at a public hearing to be held on May 29, 2013 at the Belleayre Mountain Ski Center at 3:00 p.m. and 6:00 p.m. For more details regarding the public hearing, please see related Environmental Notice Bulletin.

NOTE - This informational presentation shall provide information related only to the proposed actions set forth in the revision to the Belleayre Mountain Unit Management Plan. There will be no information presented concerning the Modified Belleayre Resort at Catskill Park.

Contact: Andy Niles, NYS DEC - Division of Operations, 626 Broadway, Albany, NY 12233, Phone: (518) 402-9084, E-mail: ajniles@gw.dec.state.ny.us.


New York State Department of Environmental Conservation (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 Acceptance of Draft SEIS and Public Hearing

Westchester County - The Town of New Castle Town Board, as lead agency, has accepted a Draft Supplemental Environmental Impact Statement on the proposed SG Chappaqua B, LLC. A public hearing on the Draft SEIS will be held on April 23, 2013 at 7:00 p.m. at the New Castle Town Hall, 200 South Greeley Avenue, Chappaqua, New York and may be continued at a subsequent date at the discretion of the Town Board. Additional written comments on the Draft SEIS will be accepted until at least 11:59 p.m. on the later of thirty (30) days after filing and circulation of this Notice of Completion of Draft SEIS or (10) days after the close of the Draft SEIS public hearing. The Draft SEIS is available from Jill Simon Shapiro, Town of New Castle, 200 South Greeley Avenue, Chappaqua, NY 10514, Phone: (914) 238-4772 and on line at: http://www.mynewcastle.org/.

The action involves the New Castle Town Board is considering a proposed Local Law that would amend the Town Development Plan concerning commercial development policies and would amend New Castle Town Code Chapter 60 to adopt new zoning text provisions to establish an Office Park Retail Overlay District but would not map the district but set procedural standards that would apply to the future mapping of an Office Park Retail Overlay District in a Research and Office Business District and set substantive standards that would apply to any development proposed with a mapped Office Park Retail Overlay District. While the Town Board has been considering the Proposed Local Law, it received an "SEIS-Proposed Project Petition in the Application of SG Chappaqua B, LLC" seeking (i) amendment and adoption of the Proposed Local Law and application of the Office Park Retail Overlay District zoning to a portion of the Applicant's Property consisting of approximately 23.9 acres (or 33% of the 71.9 acre B-RO-20 District); (ii) approval of a Preliminary Development Concept Plan for the Proposed Retail Zoned Portion; (iii) amendment of the Preliminary Development Concept Plan and of the conditions therein adopted April 11, 2011, on the zoning to Multi-Family Planned Development of a portion of the Property consisting of approximately 30.6 acres; and (iv) amendment of the Town Zoning Map to map the Proposed Retail Zoned Portion.

The project consists of 114 acres and several adjoining parcels consisting of approximately 6 acres, all located generally east of the Metro-North Harlem Division railroad line and the Saw Mill River Parkway, north of Roaring Brook Road, and west of Bedford Road (NYS State Route 117) and Cowdin Lane in the Town of New Castle, New York and commonly known as the Reader's Digest property. The Property is located in the B-RO-20, MFPD and R-1A Zoning Districts.

Contact: Sabrina D. Charney Hull, Town of New Castle, 200 South Greeley Avenue, Chappaqua, NY 10514, Phone: (914) 238-4723, E-mail: scharneyhull@town.new-castle.ny.us.


Notice of Acceptance of Final EIS

Dutchess County - The New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP), as lead agency, has accepted a Final Environmental Impact Statement on the proposed Adoption and Implementation of a Master Plan for Ogden Mills & Ruth Livingston Mills Memorial State Park, Margaret Lewis Norrie State Park and Staatsburgh State Historic Site. Agencies and the public are afforded the opportunity to consider the Final EIS; this consideration period ends on April 29, 2013. The Final EIS is available from the offices of the agency contacts listed below, the Staatsburg Library, 70 Old Post Road, Staatsburg, NY and the Hyde Park Library, 2 Main Street, Hyde Park, NY and on line at: http://www.nysparks.state.ny.us/inside-our-agency/master-plans.aspx.

The action involves the adoption and implementation of a Master Plan for Ogden Mills & Ruth Livingston Mills Memorial State Park, Margaret Lewis Norrie State Park and Staatsburgh State Historic Site. The Final Plan includes proposals for resource protection and for recreational use. The Final Plan calls for improvements to facilities including trails, the Norrie campground, cabin and group camp areas, the Lewis Gordon Norrie Playground Area, and the Dinsmore Golf Course's irrigation system. The plan also proposes the construction of a new maintenance facility, the restoration of the estate's stone walls and exterior of Mills Mansion, and the stabilization of Hoyt House. In addition, the boundary of the State Historic Site will be revised and guidelines for park and site management zones developed. The Final Plan also calls for preparation of cultural landscape and historic structure reports, historic vista restoration and enhanced environmental and cultural interpretation. Storm water management will be addressed. Natural resource protection and management strategies for water resources, rare, nuisance and invasive species and successional old fields will be implemented, and a Bird Conservation Area will be designated. The Final Plan / Final EIS describes potential environmental impacts and mitigation of those that may be adverse. Areas that have been evaluated with respect to impacts include: land and water resources, biological resources/ecology, scenic resources, historic/archeological resources, open space and recreation, traffic and access, public health and safety, and growth and character of the community and neighborhood.

The park complex is located in the Town of Hyde Park, New York

Contact: Linda Cooper, NYS OPRHP, Taconic Region, P.O. Box 308, 9 Old Post Road, Staatsburg, NY 12580, Phone: (845) 889-4100, Fax: (845) 889-8217, and M. Pamela Otis, NYS OPRHP, 625 Broadway, Albany, NY 12238, Phone: (518) 474 0409, Fax: (518) 474-7013.


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