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Kent Acres Development Company, Ltd.

August 20, 2008

State of New York
Department of Environmental Conservation
Notice of Public Hearing
Kent Acres Development Company, Ltd.1
September 24, 2008
7:00 P.M.

Project Number: 3-3722-00041/00003 Date: August 20, 2008

This notice is issued pursuant to Part 621 of the implementing regulations pertaining to Article 70 (New York State Uniform Procedures Act [UPA]) of the Environmental Conservation Law (ECL). The New York State Department of Environmental Conservation (DEC or Department) has determined that a legislative public hearing will be held on September 24, 2008 at 7:00 P.M at the Knights of Columbus, 10 Fair Street, Carmel, NY to accept unsworn, oral comments on the applicant's proposed modification to its state pollutant discharge elimination system (SPDES) permit and other permit applications related to its project.

Name of Action: Kent Manor Residential Development

SEQR Status: Type 1 - Final Supplemental Environmental Impact Statement (SEIS) accepted April 18, 2007 by the New York City Department of Environmental Protection, as the lead agency.

UPA Status: Major

Description of Project: Kent Acres Development Company, Ltd. and related entities1 have applied to DEC for permits to construct a 273-unit condominium complex in the Town of Kent, Putnam County on a 113 acre site located on the north side of Nichols Street, approximately 0.3 mile west of the intersection with NYS Route 52. In 1988, the Department issued a sanitary SPDES permit ("1988 SPDES permit"), a public water supply permit, and a protection of waters permit. The SPDES and public water supply permits remain in effect; however the applicant seeks modifications to these permits.

The applicant is seeking to reduce the permitted flow in its SPDES permit; for water supply, to take an average of 70,000 gallons per day (GPD) on a monthly basis from four on-site wells, and eliminate the prior requirement to replace nearby wells prior to operation. Based on well pumps tests performed by the applicant in 2007, the four wells have a combined tested capacity of up to 99 gallons per minute (GPM), over twice the capacity needed to meet the average daily demand of 48.7 GPM.

In addition, due to updated mapping of freshwater wetlands (Freshwater Wetland No. LC-57 [Class I]) by the Department affecting the project site, the applicant now must obtain a freshwater wetlands permit because portions of the freshwater wetland and its 100-foot adjacent area will be affected by the construction of the project 's wastewater treatment plant, installation of some residential units, stormwater management measures, and water supply and distribution infrastructure.

Permits Required: SPDES, Environmental Conservation Law (ECL), Article 17 and Parts 750 - 758 of Title 6 of the the New York Compilation of Codes, Rules and Regulations (6 NYCRR); SPDES General Permit for Stormwater and Discharges from Construction Activities, Article 17 and Parts 750 - 758 of 6 NYCRR; Public Water Supply, ECL Article 15, Title 15 and 6 NYCRR Part 601; Protection of Waters, ECL Article 15, Title 5 and 6 NYCRR Part 608; Freshwater Wetlands, ECL Article 24 and 6 NYCRR Part 663; Water Quality Certification, Section 401 of Clean Water Act.

Revised Draft SPDES Permit: In response to written public comments received during the public notice period, Department staff have revised the draft SPDES permit to correct typographical errors and amend language related to the permittee's compliance with phosphorous offset program requirements. The revised draft SPDES permit is available for review during normal business hours at the DEC Region 3 office as noted below. The Department has made a tentative determination to approve the revised draft SPDES permit for the discharge of a monthly average of 70,000 GPD to an unnamed tribuary to Palmer Lake (a/k/a Michael's Brook), a class B stream. The 1988 SPDES permit issued for this project was for a 313-unit proposal allowing a monthly average discharge of up to102,000 GPD to the same stream. In addition, effluent limitations for phosphorous will be reduced from 1.0 mg/l in the 1988 SPDES permit to 0.05 mg/l; and seasonal limitations for nitrogen will also be required. The Department's decision on the revised draft SPDES permit remains contingent on the applicant's formation of a sewage works corporation in accordance with Article 10 of the New York State Transportation Corporations Law, or satisfying the criteria for a variance pursuant to the Department's SPDES regulations contained in 6 NYCRR Part 752.1 (f).

Availability of Application Documents: Copies of the filed application documents and Department draft permits are available for inspection during normal business hours at the Department's Region 3 office located at 21 S. Putt Corners Road, New Paltz, New York 12561. Please call: Scott E. Sheeley at 845-256-3041 or e-mail to: dep.r3@dec.ny.gov if you wish to schedule an appointment to review these records.

State Historic Preservation Act (SHPA) Determination: Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological site or historic structure has been identified at the project location. No further review in accordance with SHPA is required.

Public Hearing: As a result of the comments received after publication of the notice of complete application in February 2008, the Department staff has revised the draft SPDES permit and determined to hold a legislative hearing to receive public comment. The hearing to receive comments on the available draft permits and permit applications will be held on Wednesday, September 24, 2008 at 7:00 p.m. at the Knights of Columbus, 10 Fair Street, Carmel, New York.

It is not necessary to file in advance to speak at the legislative hearing. All those individuals, organizations, and businesses who wish to provide comments are encouraged to attend. Lengthy statements should be in writing and summarized for oral presentation. Written comments are also welcome up to and including October 6, 2008 and should be mailed to Scott Sheeley at the address noted below. Equal weight will be given to both oral and written statements. The hearing location is reasonably accessible to persons with a mobility impairment. Pursuant to the State Administrative Procedure Act (SAPA), interpreter services shall be made available to hearing impaired persons, at no charge, upon written request to Scott Sheeley at the address noted below.

Department Staff's Position: The DEC staff has tentatively determined that the proposed project is in accordance with all applicable environmental laws and regulations and has produced draft water supply and SPDES permits for the public's review.

For further information:

Contact Person: Scott E. Sheeley, Environmental Analyst
NYSDEC - Region 3
21 S. Putt Corners Road
New Paltz, New York 12561
845-256-3041 or e-mail to: dep.r3@dec.ny.gov

Footnotes:

1 Historic permits and current permit applications for this proposal have been issued and submitted under the following entities:


Public Water Supply: Kent Acres Development Company, Ltd.
c/o Joseph Cioccolanti
2022 Route 22
Brewster, New York 10509

Sanitary SPDES:- Kent Manor Homeowner's Association, Inc.
c/o RFB, LLC Charles V. Martabano
c/o Terrapin, LLC
120 Main Street, P.O. Box 593
Mount Kisco, New York 10549

Freshwater Wetlands, Protection of Waters,
Section 401 Water Quality Certification: RFB, LLC
c/o Charles Martabano
120 Main Street
Mount Kisco, New York 10549

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