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Harrison, Town/Village of

June 20, 2007


APPLICANT: Town/Village of Harrison, 1 Heineman Place, Harrison, New York 10528.

DEC Application ID #: 3-5528-00104/00001 - Project Home Run.

APPLICABLE STATUTORY AND REGULATORY PROVISIONS, PERMITS APPLIED FOR: Pursuant to Articles 17 (Water Pollution Control) and 24 (Freshwater Wetlands) of the Environmental Conservation Law (ECL), Section 401 of the Clean Water Act, and Parts 663 (Freshwater Wetlands) and 750-758 (State Pollutant Discharge Elimination System [SPDES]) of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR), Robert G. Wasp, P.E., Commissioner of Public Works on behalf of applicant, the Town and Village of Harrison (Harrison), has applied to the New York State Department of Environmental Conservation (DEC or Department) for permits to redevelop a portion of property located on Oakland Avenue between Glen Oaks Drive and Osborn Road in Harrison, New York (Westchester County). This site is a brownfield known as the "Beaver Swamp Brook Remediation - NYSDEC Environmental Restoration Program." The purpose of the project is to establish a recreation facility for public use.

On February 21, 2007, DEC Region 3 staff deemed this application complete and issued a Notice of Complete Application. This notice was published in the Department's Environmental Notice Bulletin (ENB) on February 28, 2007, and in the Journal News on March 2, 2007.
PROJECT DESCRIPTION: Harrison seeks to redevelop a NYSDEC brownfield site of 11.23 acres to establish within a municipal park, a recreational facility consisting of open space, a baseball field, a soccer field, a playground, walkways and a nature trail along with parking and service buildings to support these facilities. The project will encompass approximately 5.7 acres and would require approximately 10,000 cubic yards of imported soils to finish grade and provide the necessary top soil for seeding and sodding of the park areas. At the DEC's direction, and in anticipation of park completion, the top soil was not included in the brownfields project. The project is to occur within State-designated Freshwater Wetland J-3 (Class II) and as proposed, Harrison would fill in 0.39 acres of wetland and 1.7 acres of adjacent area. To mitigate the loss of this wetland and adjacent area, Harrison has provided 1 acre of enhanced 100-foot adjacent area. Harrison is also proposing to manage invasive Phragmites australis and other invasive plants by treating the identified areas of infestation with the herbicide glyphosate (a/k/a Rodeo) and replanting with native species on an area not to exceed 9.0 acres.

Since 1997, Harrison has worked to restore Beaver Swamp Brook. In 2002, Harrison and DEC substantially expanded the project parameters to include a former commercial/industrial corridor. Harrison acquired environmentally degraded properties consisting of a junk yard, auto wrecking facility, and a construction equipment and material storage area in addition to vacant parcels where illegal dumping had occurred, in order to consolidate ownership and complete the project. This work has taken place consistent with the DEC Brownfields Program. As part of that restoration work, Harrison has proposed this redevelopment project that includes the wetland mitigation proposal.

DEC STAFF POSITION: Following the completeness determination, in a letter dated March 15, 2007, DEC Region 3 staff requested additional information from Harrison pursuant to 6 NYCRR 621.14(b). Because this additional information is still pending, in whole or in part, DEC staff could not prepare draft permits in advance of this notice.

SEQRA STATUS: The Town of Harrison Town Board was the lead agency for the State Environmental Quality Review (SEQR) of this project and issued a negative declaration on June 23, 2004 finding that there would not be any significant environmental impacts as a result of this project. Pursuant to 6 NYCRR 624.4(c)(6)(ii)(a), the Administrative Law Judges will not entertain any issues related to SEQRA because the Town of Harrison Town Board has determined that the proposed action does not require the preparation of a Draft Environmental Impact Statement (DEIS).

PUBLIC LEGISLATIVE HEARING: In accordance with the provisions of 6 NYCRR Part 624, a legislative hearing will be held before Administrative Law Judges (ALJs) Mark D. Sanza and Daniel P. O'Connell to receive unsworn statements from the public on the permit application on Monday, July 23, 2007 at the Harrison Public Library, 2 Bruce Avenue, Harrison, New York beginning at 6:00 p.m. The purpose of the hearing is to receive comments on the Freshwater Wetlands, and State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activities permit applications, and the Water Quality Certification only. All persons, organizations, corporations or government agencies that may be affected by the project are invited to attend the hearing session and to submit oral or written comments. Written comments on the application may be sent to ALJs Sanza and O'Connell at the address indicated below. It is not necessary to file a written request in advance to speak at the legislative hearing.

The hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJs at least 10 business days before the hearing.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on Tuesday, July 24 at 10:00 a.m. at the Alfred F. Sulla, Jr. Municipal Building located at 1 Heineman Place, Harrison, New York and will continue on succeeding days as necessary. The purpose of the issues conference is to define, narrow and resolve, if possible, any issues concerning the permit applications. Participation at the issues conference will be limited to Department staff, applicant, and those persons requesting party status pursuant to 6 NYCRR 624.4 and 624.5 in advance of the issues conference. After the issues conference, the ALJs will determine what issues, if any, require adjudication, and will define the scope of such issues.

IT IS EXTREMELY IMPORTANT THAT ANY PERSONS REQUESTING PARTY STATUS APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED. An adjudicatory hearing will, if necessary, be scheduled following the issues conference. The issues conference may be canceled if no filings for party status are received by the deadline listed below.

FILING FOR PARTY STATUS AND PROPOSED ISSUES: To participate at the issues conference, parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the names(s) of the persons(s) who will act as the party's representative(s), the party's environmental interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not sufficient basis to be granted party status.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in the special position with respect to those issues, as required by 6 NYCRR 624.5(b)(3).

Persons having similar interests of concern are encouraged to file as a consolidated party. The hearing provisions can be found at Hearings and Mediation, Guide to Permit Hearings.

All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by no later than close of business on July 17, 2007. Electronic filings and service by fax will NOT be accepted. Such filings must be submitted to the following:

  1. Mark D. Sanza and Daniel P. O'Connell, Administrative Law Judges, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550;
  2. Steven Goverman, Esq., Assistant Regional Attorney, NYSDEC Region 3, 21 S. Putt Corners Road, New Paltz, New York 12561-1620;
  3. Robert G. Wasp, P.E., Commissioner of Public Works, 1 Heineman Place, Harrison, New York, 10528; and
  4. Stephen Malfitano, Supervisor/Mayor, Village of Harrison, 1 Heineman Place, Harrison, New York 10528.

DOCUMENT AVAILABILITY: The application and related information are available for public review at the Department's Region 3 Office, 21 S. Putt Corners Road, New Paltz; at the office of the Commissioner of Public Works of the Town/Village of Harrison, 1 Heineman Place, Harrison, New York 10528; and at the Office of Hearings and Mediation Services, NYSDEC, 625 Broadway, 1st Floor, Albany, New York 12233, phone (518) 402-9003.

AVAILABILITY FOR PUBLIC COMMENT: Persons may submit written comments to Administrative Law Judges Sanza and O'Connell at the address noted above until close of business on July 27, 2007.

DEC Region 3 Contact: Scott E. Sheeley, Deputy Regional Permit Administrator, phone (845) 256-3050, 21 South Putt Corners Road, New Paltz, New York 12561-1620.

James T. McClymonds
Chief Administrative Law Judge

Dated: Albany, New York
June 20, 2007

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