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ENB - Region 3 Notices 7/5/2017

Notice of Complete Application, Notice of Public Comment Hearing and Notice of Public Comment Period

Applicant:

Millennium Pipeline Company, LLC
One Blue Hill Plaza
P.O. Box 1565
Pearl River, NY 10965

Project:

Millennium's Valley Lateral Project

DEC Application ID:

3-3399-00071/00001 WQC

Permit(s) Applied for:

Article 24 - Freshwater Wetlands
Article 15 - Title 5 Stream Disturbance
Section 401 - Clean Water Act - Water Quality Certification

Project is Located:

Multiple Towns in Orange County

Project Description:

The Valley Lateral Project is proposed by Millennium Pipeline Company, LLC (Millennium) and is located in the Towns of Wawayanda and Minisink, Orange County, New York. Millennium proposes to construct a new 7.8 mile, 16-inch diameter natural gas pipeline that will extend from Millennium's existing main line pipeline north to the new 650 megawatt gas-powered Competitive Power Ventures (CPV) Valley Energy Center being constructed by CPV Valley, LLC in the Town of Wawayanda. The planned pipeline lateral would provide about 130 million cubic feet per day of natural gas to the CPV Valley Energy Center. Approximately 31% of the pipeline lateral will be co-located with existing cleared right-of-ways and approximately 39% of the pipeline will be installed via trenchless methods.

Water Quality Certification (WQC) Application

In accordance with CWA Section 401, applicants seeking a federal license or permit for activities that may result in a discharge to navigable waters must obtain a WQC from New York State Department of Environmental Conservation (NYS DEC) indicating that the proposed activity will comply with State water quality standards. The review and issuance of a Water Quality Certification will also include approvals pursuant to Environmental Conservation Law (ECL) Article 15, Protection of Waters and Article 24, Freshwater Wetlands. Impacts to wetlands and waterbodies proposed from the Valley Lateral Project include:

  • The crossing of 13 streams including two streams having a classification of C(t) or higher (protected streams). Nine of the streams will be crossed by Horizontal Directional Drilling (HDD), including the two protected streams, and the remaining four streams will be crossed by dry crossing methods.
  • The crossing of three state-regulated Freshwater Wetlands (MD-23, MD-26 and MD-29) by either HDD or using a conventional boring technique.
  • No permanent impacts to Freshwater Wetlands or federally regulated wetlands are proposed for the project.
Availability of Documents

Filed application documents and NYS DEC draft permits are available at: http://www.millenniumpipeline.com/valley-lateral-project/. They are also available for inspection during normal business hours at the addresses listed below or the office of the NYS DEC contact person listed at the end of this notice. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

Waywayanda Town Clerk
80 Ridgebury Road
Slate Hill, NY 10973

Minisink Town Clerk
20 Roy Smith Drive
Westtown, NY 10998

National Environmental Policy Act (NEPA) Determination

Federal Energy Regulatory Commission (FERC) is the lead agency for the environmental review of interstate gas pipelines. FERC staff prepared an Environmental Assessment (EA), dated May 9, 2016 for the Valley Lateral Project, Docket No. CP16-017, in accordance with the requirements of NEPA. The EA can be viewed and downloaded at: https://elibrary.ferc.gov/idmws/docket_search.asp by entering the Docket No. and the date of the EA in the search boxes.

NYS DEC relies upon the federal review process conducted by FERC pursuant to NEPA and the permit applications submitted by applicants to NYS DEC to ultimately make a determination regarding issuing its authorizations.

State Environmental Quality Review (SEQR) Determination:

This project is not subject to SEQR (federally preempted) and therefore is treated as if it was a Type II action.
SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The activity is being reviewed in accordance with federal historic preservation laws (Section 106 of NHPA) and the project area of potential impact is substantially the same.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Statutory and Regulatory Provisions

The above referenced applications were filed and reviewed pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions, Powers, Duties and Jurisdiction), and Article 70 (Uniform Procedures Act or UPA); and pursuant to Title 6 of Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 621- Uniform Procedures. The relevant regulations are found at: Part 608 (Protection of Waters), Part 663 (Freshwater Wetlands) and Section 401 of the federal Clean Water Act (CWA) (33 USCA 1341).

The project is required to demonstrate the ability to obtain coverage under the State Pollutant Discharge Elimination System Stormwater General Permit for Construction Activities (GP-0-10-001) prior to conducting any construction activities that disturb greater than one acre.

Public Comment Hearing

Pursuant to 6 NYCRR 621.8, a public comment hearing for the receipt of public comments on the permit applications will be held on the date and location listed below. The public hearing will commence at 6:00 p.m. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to notify NYS DEC in advance to speak at the public comment hearing. Equal weight will be afforded to both oral and written statements. Lengthy statements should be in writing and summarized for oral presentation.

The presiding Administrative Law Judge (ALJ) may set reasonable time limits for each speaker to afford everyone an opportunity to be heard. The hearings are fully accessible to persons with a mobility impairment. Interpreter services will be made available to the hearing impaired at no charge upon written request to the NYS DEC contact person named below, no less than one week prior to the hearing.

The Public Comment Hearing is scheduled as follows:

Date: August 2, 2017
Time: 6:00 p.m.
Location: Paramount Theatre
17 South Street
Middletown, NY 10940
Phone: (845) 346-4195

Public Comments

Written comments submitted to NYS DEC during this comment period and oral comments given at the Public Comment Hearing are considered part of the record. At the conclusion of the public comment period NYS DEC will determine pursuant to 6 NYCRR 621.8 whether substantive or significant issues have been raised in the public comments or public comment hearing to warrant an Adjudicatory Hearing, or whether the permits should be issued without any further review. If no issues are raised to warrant further adjudication, NYS DEC will proceed to develop a response to comments, provide public notice of the approval of the permits and issue the requested permits.

Written Comments
Individuals and parties may also file written comments to the NYS DEC representative listed below. All written comments must be received by 5:00 p.m. on August 4, 2017.

All written comments must be received by no later than 5:00 p.m. on August 4, 2017 and may be submitted electronically at: millenniumVLproject@dec.ny.gov

Contact:

Karen Gaidasz, NYS DEC - Division of Environmental Permits, Major Projects Management, 625 Broadway, 4th Floor, Albany, NY 12233-1750, Phone: (518) 402-9167, Fax: (518) 402-9168.

For more information on this project, please visit the NYS DEC's webpage at: http://www.dec.ny.gov/permits/110485.html.


Negative Declaration

Dutchess County - The Village of Tivoli, as lead agency, has determined that the proposed Waterfront Park Project will not have a significant adverse environmental impact. The action involves a proposal by the Village of Tivoli to develop a waterfront park consistent with its Comprehensive Plan and Local Waterfront Revitalization Plan. The Master Plan for the park includes a parking area, pathways, a pedestrian overpass, fencing and recreational activities such as a dock, gazebo, kayak locker and picnic benches. The site includes 738 feet of Hudson River shoreline. The project will be constructed in phases, with the first phase consisting of restoration and stabilization of the shoreline. The project is at the terminus of Diana Road in the Village of Tivoli, New York.

Contact: Joel Griffith, Village of Tivoli, 86 Broadway, Tivoli, NY 12583, Phone: (845) 757-2021, E-mail: mayor@tivoliny.org.


Dutchess County - The Town of Hyde Park Planning Board, as lead agency, has determined that the proposed Anderson Center for Autism will not have a significant adverse environmental impact. The action involves a proposal by the applicant to construct an 84 foot x 80 foot Equipment Building, relocate several storage trailers, erect a 30 foot x 30 foot pavilion, erect a 36 foot x 75 foot water feature, construct a garden deck, eliminate a propane tank farm and make various other improvements at its campus located at the Anderson Center for Autism (site). The site is located within the Hudson River Historic District, which is listed on the State and National Registers of Historic Places. The project site is a developed educational campus. The new structures, which will not be visible from the River, are consistent with the approved Master Plan for the site. The applicant is using best management practices to treat stormwater. The project is located at 4885 Route 9 in Staatsburg, Town of Hyde Park, New York.

Contact: Cynthia Witman, Town of Hyde Park, 4383 Albany Post Road, Hyde Park, NY 12538, E-mail: (845) 229-5111 extension 2, E-mail: planningsec@hydeparkny.us.


Dutchess County - The Town of Rhinebeck, as lead agency, has determined that the proposed Local Law No. 3 of 2017 Relating to Affordable Housing will not have a significant adverse environmental impact. The action involves providing increased opportunities for affordable housing to households with annual incomes near or less than the area median income. The project is located throughout the Town of Rhinebeck, New York.

Contact: Jon Gautier, Town of Rhinebeck, 80 East Market Street,: Rhinebeck, NY 12572, Phone: (845) 876-3409, E-mail: townclerk@rhinebeckny.gov.


Rockland County - The Town of Haverstraw Town Board, as lead agency, has determined that the proposed Gathering Place Local Law will not have a significant adverse environmental impact. The action involves the consideration and adoption of a proposed local law, which would amend the zoning ordinance of the Town of Haverstraw to permit a Gathering Place by special permit, along with definitions, bulk requirements and procedures for applications. The project is located in the R-120, R-40, R-25, R-15, RG and RMH zones of the Town of Haverstraw, New York.

Contact: Michael D. Kauker, 356 Franklin Avenue, Wycoff, NJ, 07481, Phone: (201) 847-2900, E-mail: mdkauker@kaukerplan.com.


Ulster County - The Town of Marbletown Planning Board, as lead agency, has determined that the proposed Stone Ridge Shoppes Site Plan will not have a significant adverse environmental impact. The action involves the commercial development on an approximately 2.7 acre parcel in the B-1 (South) Zoning District which is adjacent to a designated historic district. The project includes five (5) commercial buildings with accessory parking for office, retail and restaurant use, with a combined total of 17,320 square feet of gross floor area to be completed as one single phase project. The project site is located at the northeast corner of the intersection of U.S. Route 209 and Lamberti Lane (private road). Access to the development will be from U.S. Route 209 only. The development will be served by an on-site well and septic system. The project is located at 3885 Main Street in Stone Ridge, Town of Marbletown, New York.

Contact: Richard Lanzarone, Town of Marbletown, P.O. Box 217, Stone Ridge, NY 12484, Phone: (845) 687-7500 extension 171, E-mail: rlanzarone@tcco.com.


Westchester County - The Town of New Castle Town Board, as lead agency, has determined that the proposed 2017 Comprehensive Plan will not have a significant adverse environmental impact. The action involves an update of the Town of New Castle's Comprehensive Plan, which had not been revised since the 1989 Town Development Plan. The purpose of the Comprehensive Plan is to preserve New Castle's bucolic character, enhance the community's sense of place, and identify opportunities for fostering sustainable development. As a policy guiding document, the New Castle Comprehensive Plan update does not amend the Town's existing zoning resolution or endorse a specific development plan, but rather presents the general policy objectives and community values that should later inform more detailed planning, zoning and infrastructure studies. The project is located in the Town of New Castle, New York.

Contact: Sabrina Charney Hull, Town of New Castile, 200 South Greeley Avenue, Chappauqua, NY 10549, Phone (914) 238-4723, E-mail: scharneyhull@mynewcastle.org.


Notice of Acceptance of Draft GEIS and Public Hearing

Orange County - The Town of Monroe Town Board, as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Adoption of Town of Monroe 2017 Comprehensive Plan Update (dated June 5, 2017) and Zoning Code Amendments. A public hearing on the Draft GEIS will be held on July 10, 2017 at 6:30 p.m. at the Town of Monroe Senior Center, 101 Mine Road, Monroe, NY 10950. Written comments on the Draft GEIS will be accepted until close of business July 20, 2017. The Draft GEIS is available from the Town of Monroe Town Clerk's Office, the Monroe Free Library, the Village Clerk Offices of the Villages of Monroe, Harriman, Kiryas Joel and on line at: www.monroeny.org.

The action involves the proposed adoption of a Comprehensive Plan titled Town of Monroe 2017 Comprehensive Plan Update (dated June 5, 2017) and Zoning Code Amendments. This is a comprehensive revision to, and a replacement of, the Town of Monroe's existing Master Plan which is titled Town of Monroe Master Plan Update 2008. This existing Plan was adopted by the Town of Monroe Town Board in 2008 following a generic environmental review. The Draft Generic Environmental Impact Statement prepared and filed for the proposed Town of Monroe 2017 Comprehensive Plan Update (dated June 5, 2017) evaluates the effects of adopting and implementing the proposed 2017 Comprehensive Plan Update, replacing the existing 2008 Comprehensive Plan Update and implementing Amendments to the Town Zoning Code consistent with the Comprehensive Plan.

The proposed 2017 Comprehensive Plan Update and Zoning Code Amendments present a new vision for the unincorporated areas of the Town of Monroe, namely, those areas outside the Villages of Monroe, Harriman, and Kiryas Joel. The proposed 2017 Comprehensive Plan Update is replete with policy recommendations for the many different subject areas evaluated in the Plan pursuant to Section 272-a of New York State Town Law.

The project is located throughout the Town of Monroe, New York.

Contact: Mary Ellen Beams, Town of Monroe, Town Hall, 1465 Orange Turnpike, Monroe, NY 10950, Phone: (845) 783-1900, E-mail: maryellen@monroeny.org.


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