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ENB - Region 4 Notices 12/11/2013

Public Notice

Notice of Draft Restoration Plan

Rensselaer County - The New York State Department of Environmental Conservation (NYS DEC) is soliciting comments on a draft plan for restoration (Draft Plan) of natural resources related to a facility previously operated by BASF Corporation at 36 Riverside Avenue in the City of Rensselaer, Rensselaer County. The Draft Plan can be found on the NYS DEC website at: http://www.dec.ny.gov/regulations/54189.html or it can be viewed, by request, at NYS DEC's headquarters at 625 Broadway, Albany, NY 12233 through the contact listed below. Comments on the Draft Plan are due by January 31, 2014.

The Draft Plan is the result of a settlement between NYS DEC and BASF Corporation regarding injuries to natural resources resulting from releases of arsenic, benzene and chlorobenzene, and other hazardous substances. Several federal environmental statutes, as well as New York State common law, allow States to seek natural resource damages (NRD) when there is a release of hazardous pollutants that injures natural resources. Natural resource damages constitute compensation for the injury to, loss of, or loss of the use of New York's natural resources. Natural resources include land, biota, air, surface waters and groundwater. The goal of an NRD settlement is to make New York's citizenry "whole" by restoring injured resources and compensating for lost services provided by those resources.

Instead of paying monetary damages, BASF Corporation has agreed to implement restoration projects that will create both on-site and off-site ecological enhancements for the Hudson River watershed. The Draft plan includes the following elements: a bulkhead enhancement and wildlife ramp adjacent to the Rensselaer Facility that will provide a fringe intertidal wetland to connect the riverine and upland environments; a series of ecological enhancements at the Papscanne Island Nature Preserve including the preparation of a master plan for the preserve, invasive species management, trash and debris management, the construction of osprey platforms and signage, and performance of a map turtle population and re-introduction study; a historic dredge spill removal project, that will remove material from an area of the Hudson River shoreline that had been previously filled to restore wetland and secondary channel habitat while potentially providing the necessary fill for the fringe wetland project and any remedial work that may be necessary in the Hudson River by BASF. A final element of the restoration plan is education-based: BASF will bring in classes at its education center at 70 Riverside Avenue to learn of the work it will be performing at the former BASF facility and at the Papscanne Preserve. If turtle re-introduction is feasible, BASF will also make this an aspect of the education program at their educational center.

After the comment period on the Draft Plan, NYS DEC will be issuing a Final Restoration Plan for BASF Corporation to implement.

Comments on the Draft Plan are due by January 31, 2014. Comments can be submitted by e-mail to: fwhabtat@gw.dec.state.ny.us or can be submitted to Andrew Guglielmi, NYS DEC, 625 Broadway, Albany, NY 12233, Phone: (518) 402-9507.

Contact: Andrew Guglielmi, NYS DEC, 625 Broadway, Albany, NY 12233, Phone: (518) 402-9507.


Negative Declaration

Columbia County - The Town of Canaan Zoning Board of Appeals, as lead agency, has determined that the proposed Love's Travel Stop and Country Store will not have a significant adverse environmental impact. The action involves the reconfiguration and lot boundary line adjustment of four (4) existing parcels. The project also includes the proposed relocation of a portion of Peaceful Valley Road to accommodate the new construction.

The applicant proposes to construct a 11,824 ± Love's Stop and Country Store with a sandwich shop and fast food restaurant with a drive thru, and tourist information/visitor's center. The facility will also be provided with fuel service islands with canopies, truck scale, and tire repair center. The site will include approximately 56 truck parking spaces and 76 car parking spaces. Domestic water service to the facility will be provided via proposed onsite wells and water supply system. Wastewater will be collected and discharged to a subsurface leaching bed wastewater system located on an adjacent vacant parcel on the east side of Route 22. Stormwater management will be collected and treated prior to discharge. A portion of the site will utilize stormwater infiltration practices while the other will pretreat prior to the discharge into a detention basin and surface discharge. The project scope also includes lighting, signage, landscaping and appurtenances.

The project is located on Peaceful Valley Road and NYS Route 22 in the Town of Canaan, New York.

Contact: David Cooper,Town of Canaan, 1647 County Route 5, Canaan, NY 12029, Phone: (518) 781-3144.


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