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ENB - Region 8 Notices 5/18/2016

Public Notice

Notice of Draft MOU For Coordination Of Akzo NRD Settlement Funds

Livingston County - The New York State Department of Environmental Conservation (NYS DEC) is soliciting comments on a draft memorandum of understanding (Draft MOU) for coordination of natural resource damages (NRD) settlement funds recovered pursuant to a December 2014 settlement agreement with Akzo Nobel Inc. and Akzo Nobel Salt Inc (collectively AkzoNobel or Akzo). The settlement agreement is attached to the Draft MOU as Exhibit A.

The Draft MOU is the result of a settlement between NYS DEC, the New York State Office of the Attorney General, Livingston County, and AkzoNobel regarding injuries to natural resources resulting from the 1994 collapse of the Retsof Salt Mine in Livingston County, New York. The collapse resulted in the complete flooding of the mine cavity with saturated brine over time, causing aquifer dewatering, residential water well impacts, and surface subsidence. Several federal environmental statutes, as well as New York State common law, allow states to seek natural resource damages when there is a release of 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. Such 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.

The December 2014 settlement required AkzoNobel to pay twenty million dollars ($20,000,000.00) to compensate the public for injuries to New York's natural resources resulting from the mine collapse. NYS DEC, the New York State Office of the Attorney General, and Livingston County jointly prepared the Draft MOU to govern the use of these NRD settlement funds. The Draft MOU is available online at: http://www.dec.ny.gov/about/94159.html; it can also be viewed, by request, at NYS DEC's Region 8 Office, 6274 East Avon-Lima Road, Avon, NY 14414 through Linda Vera, who can be reached at (585) 226-5324, or at NYS DEC's Central Office, 625 Broadway, Albany, NY 12233 through the contact listed below. Comments on the Draft MOU are due by July 5, 2016.

After the comment period on the Draft MOU, any comments received will be considered before issuance of a Final MOU. Ideas for related restoration projects may be submitted to the contact listed below at any time.

Comments on the Draft MOU are due by July 5, 2016. Comments can be submitted to:

Caryn I. Bower, Esq.
NYS DEC - Office of General Counsel
625 Broadway, 14th Floor
Albany, NY 12233
Phone: (518) 402-9186
E-mail: caryn.bower@dec.ny.gov

Contact: Caryn I. Bower, NYS DEC - Office of General Counsel, 625 Broadway, 14th Floor, Albany, NY 12233, Phone: (518) 402-9186 , E-mail: caryn.bower@dec.ny.gov.


Negative Declaration

Livingston County - The Town of York Town Board, as lead agency, has determined that the proposed 2016 Water System Improvements will not have a significant adverse environmental impact. The action involves the installation of approximately 26,000 linear feet of water main along portions of Federal Road, Linwood Road, Stewart Road, Linwood Road North, and Craig Road to service existing residential homes in the area as well as a property owned by Noblehurst Farms in the Town of York. Work includes pressure reducing valves on existing water main, pump station(s) on the existing system, and a 500,000 gallon aboveground water storage tank as well as other related appurtenances (hydrants, valves, etc.). Water main will likely extend into the Town of Covington (Wyoming County) with the proposed location of the water storage tank. A new water district will need to be created for the section of Linwood Road north of Walker Road (approximately 2,000 linear feet) along with the formation water service areas within the existing Consolidated Water District. An optional 7,500 linear feet of water main is also being considered as part of the project on Craig Road from Federal Road to Stewart Road. The project is located along portions of Linwood Road, Stewart Road, Linwood Road North, Craig Road in the Town of York, New York.

Contact: Eric C Wies, Clark Patterson Lee, 205 St. Paul Street, Suite 500 Rochester, NY 14604, Phone: 800-274-9000, E-mail: ewies@clarkpatterson.com.


Livingston County - The Town of York Town Board, as lead agency, has determined that the proposed 2016 Sewer System Improvements will not have a significant adverse environmental impact. The action involves various improvements to the sewer system in the Town of York. A new sewer district is proposed to service a property owned by Noblehurst Farms on Craig Road which will include the installation of approximately 15,000 linear feet of sewer force main along Craig Road (west of Retsof Road/Route 36 to Stewart Road), a new pump station on Stewart Road, and upgrades to existing sanitary pump station No. 1. Upgrades to the existing Retsof Wastewater Treatment Facility (WWTF) will be required including the potential for up to five new structures to house additional treatment equipment and land expansion of up to five (5) acres. Sewer main replacement within the Retsof Sewer District are also proposed. The project is located along Craig Road; at the Retsof WWTF; and in the Retsof Sewer District in the Town of York, New York.

Contact: Eric C Wies, Clark Patterson Lee, 205 St. Paul Street, Suite 500 Rochester, NY 14604, Phone: 800-274-9000, E-mail: ewies@clarkpatterson.com.


Steuben County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Savona Sand and Gravel - Bath Pit will not have a significant adverse environmental impact. The action involves a Mined Land Reclamation Permit application from Savona Sand and Gravel, Inc. for a new 20.2 acre sand and gravel mine on State Route 415 approximately 3.0 miles west of the Village of Bath, New York. On-site processing of aggregate using a portable screener and crusher is proposed. Prior to the start of operations, earth berms will be constructed along the perimeter of the mining area. Upon final reclamation mining faces will be graded to a slope no steeper than 1 vertical to 1.5 horizontal, and seeded to establish permanent vegetative cover.

Contact: Matthew Griffiths, NYS DEC - Region 8 Office, Division of Environmental Permits, 6274 East Avon Lima Road, Avon, NY 14414, Phone: (585) 226-5469, E-mail: DEP.R8@dec.ny.gov.


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