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ENB Region 3 Completed Applications 07/11/2018

Ulster County


Shinrin Yoku LLC
c/o Phillip Rapoport
57 S 4th St
Brooklyn, NY 11249


Heartwood Lodging Facility
Rte 44/55 and Tuthilltown Rd
Gardiner, NY 12525

Application ID:


Permit(s) Applied for:

Article 15 Title 27 Wild, Scenic & Recreational Rivers
Article 17 Titles 7 & 8 P/C/I SPDES- Groundwater Discharge

Project is Located:

Gardiner, Ulster County

Project Description:

The Department has made a tentative determination to approve this application for a new SPDES permit (SPDES #NY 0281077) to allow subsurface discharges from four (4) separate outfalls (Outfall Nos. 001, 002, 003 & 004) with a maximum total flow of 12,600 gallons per day (gpd) of sanitary wastewater, in conjunction with the construction of Heartwood, an upscale transient lodging facility consisting of 42 cabins (each with bathroom), 28 "eco-cabins" on permanent platforms, recreational facilities including swimming pool, tennis and bocce courts, spa, separate lobby structure, food and beverage facility, event barn, other accessory structures and associated stormwater management facilities located on a 141-acre parcel adjacent to the Shawangunk Kill (Class B), and within the Shawangunk Kill Recreational River corridor. The Heartwood facility will occupy approximately 108 acres of the 141-acre site; the remaining 33.1-acres will be used solely for agricultural purposes on separate lots. The project also includes the partial reconstruction of an existing dam on the site's 0.71-acre pond by replacement of a failing 36" diameter outlet pipe from the pond. To improve public access within the Shawangunk Kill Recreational River corridor, the proposal includes construction of a portion of new walking trail and a kayak landing along the northern embankment of the Shawangunk Kill. The proposed Heartwood Lodging Facility is located on the southwest side of NYS Route 44/55 in the hamlet of Tuthilltown, Town of Gardiner, Ulster County. A draft SPDES permit is available for inspection and comment at the regional office.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: Gardiner Town Planning Board

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for the project location. No further review in accordance with SHPA is required.

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.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Aug 10, 2018.


Scott Ballard
NYSDEC Region 3 Headquarters
21 S Putt Corners Rd
New Paltz, NY 12561

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