ENB - REGION 5 NOTICES

        
Completed Applications Consolidated SPDES Renewals
NOTICE OF PUBLIC HEARING

Adirondack Park Agency
Project No. 2001-006
Proposed Use of Aquatic Herbicide in Lake George

NOTICE IS HEREBY GIVEN that on Thursday, August 30, 2001, the Adirondack Park Agency will commence a public hearing on the application of the Lake George Park Commission (LGPC) for a freshwater wetlands permit to apply the aquatic herbicide Sonar in four separate bays in Lake George in the Town of Bolton, Warren County. This notice is given pursuant to Titles 7 and 8 of Article 24 of the Environmental Conservation Law, and 9 NYCRR Section 572.14 and 9 NYCRR Part 580.

The project is a demonstration control project for control of dense beds of the exotic plant Eurasian watermilfoil (milfoil) and is a regulated activity involving wetlands pursuant to Section 578.3(n)(2)(ii) of the Agency regulations. The action is a proposed Spring 2002 application of an aquatic herbicide with the active ingredient fluridone, a registered product called aqueous formulation SONAR (EPA#67690-4) at Paradise and Moonlight Bays and slow release pellet SONAR (EPA#67690-3) at West Tongue Mt. and Sawmill Bay. The four project sites consist of a total of 35.8± acres located within the Town of Bolton.

The applicant’s initial target concentration is 20 parts per billion (ppb) with up to 3 applications per site as allowed by the registered label, and an expected concentration range of 5 to 20 ppb. To aid in the treatment, temporary sequestering curtains of impermeable material will be used to enhance the exposure of milfoil to SONAR and to reduce movement of the herbicide to non-target areas. During the approximate six-week treatment period, recreational and tour boat access will be limited except at the Sawmill Bay site. Swimming will be prohibited 24 hours following the initial and subsequent treatments as required by the aqueous formulation SONAR label. Pre- and post-treatment monitoring is planned to track the chemical concentration and to assess the impacts on the aquatic plant community. Through control of milfoil, it is expected that native aquatic plants will re-establish at the sites. This project is intended to obtain experience for possible future treatments of large dense beds of milfoil as part of a comprehensive milfoil control plan for the entire Lake.

The potential major issues at the public hearing are expected to be the concentration of herbicide for efficacious control, the duration of treatment, and minimizing impact on native wetland plants (including state classified rare, threatened or endangered species).

The public hearing will commence at the Town of Bolton Town Hall, located at 4949 Lakeshore Drive (Route 9N) in the Town of Bolton, with a legislative session for receiving public statements at 1:00 p.m., followed by a pre-hearing conference at approximately 3 p.m. to determine parties and issues. An evening legislative session for receiving public statements will start at 6:00 p.m., on Thursday, August 30, followed by the continuation of the pre-hearing conference to determine parties and issues. If necessary, the pre-hearing conference to determine parties and issues will be continued the following week at the Town Hall at a date and time to be set. It is anticipated that, after the determination of parties and issues by the Administrative Law Judge, that the formal hearing with testimony and exhibits will commence in September 2001, on a date to be determined. Department of Environmental Conservation Administrative Law Judge Molly McBride has been assigned as the Hearing Officer for this project.

Any member of the public may speak at the legislative session or submit a written statement, and the Administrative Law Judge reserves the right to limit the time for each speaker. Any person or organization seeking to become a party to the hearing in order to present evidence, cross-examine witnesses or otherwise participate in the hearing (other than statutory parties and owners of land within 500 feet of the project site, who are parties of right) must file a petition with the Administrative Law Judge, with a copy to the Agency, pursuant to Section 580.7 of the Agency’s regulations. The petition should, among other items, state the petitioner's relationship to the matters involved, the nature of the evidence or argument he intends to present, and any other matter the petitioner believes relevant to granting the petition. Petitions seeking party status must be received by August 29, 2001 and must be served on the following: Administrative Law Judge Molly McBride, NYS Department of Environmental Conservation, Office of Hearings, 625 Broadway Albany, New York 12233-1550, Facsimile (518) 402-9037; Mitchell Goroski, Adirondack Park Agency, P.O. Box 99, Route 86, Ray Brook, New York 12977, Facsimile (518) 891-3938; Michael White, Executive Director, Lake George Park Commission, P.O. Box 749, Fort George Road, Lake George, New York 12845, Facsimile (518) 668-5001.

The NYS Department of Environmental Conservation also is an involved agency and is reviewing the project for an aquatic herbicide permit and floating object permit (buoys and lights on the sequestering curtains for boat navigation safety).

The project file is available for public inspection and copying pursuant to Agency regulations implementing the Freedom of Information Act during normal business hours at the Agency's offices, New York State Route 86, Ray Brook, New York. For further information, contact Richard D. Jarvis or Mitchell Goroski at P.O. Box 99, Ray Brook, New York 12977, or phone 518-891-4050.


Adirondack Park Agency Completed Applications

Applicant: George Slywka
PO Box 65
Diamond Point, NY 12824

Office: Adirondack Park Agency
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891-4050

Contact: Thomas E. Saehrig

Application No.: 2001-23

Project Name: George Slywka

Location: West side of NYS Rte. 9N near the intersection of County Rte. 35 (Diamond Point Road), Town of Lake George, Warren County

Comment Period Ends: 9/6/01

Project Description: Applicant proposes excavation of an existing pond approximately 90 ft. by 100 ft. in size, involving wetlands. The 1/4 acre pond will be excavated to a depth of 6 to 8 feet along the main channel sloping up to the pond shoreline. The average depth of the existing pond is approximately 3 feet. The project includes approval of waste disposal sites on the project site that will be utilized for the specific purpose of disposing of approximately 500 cubic yards of sediment that will be spread and seeded in low lawn areas on the site. A coffer dam, flexible diversion pipe, sediment traps, a settling pond and other erosion control measures will be installed during the dredging and disposal project to ensure protection of downstream wetlands and the water quality of Lake George.


Applicant: Michael P. White
Lake George Park Commission
PO Box 749, 75 Fort George Road
Lake George, N.Y. 12845
Phone: 518-668-9347

Office: Adirondack Park Agency
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891-4050

Contact: Richard D. Jarvis or Mitch Goroski

Application No.: 2001-6

Project Name: Demonstration Control of Eurasian Watermilfoil in Lake George with Fluridone

Location: Four sites in Lake George, Town of Bolton, Sawmill Bay (30 acres), Paradise Bay (4.5 acres), Moonlight Bay (0.3 acre) and West Tongue Mountain at Northwest Bay (0.6 acre)

For Public Hearing or Scoping Session: Date 8 /30 /01, Time:1:00 and 7:00 p.m. for public comment and 3:00 PM for pre-hearing conference

Project Description: NOTICE IS HEREBY GIVEN that on Thursday, August 30, 2001, the Adirondack Park Agency will commence a public hearing on the application of the Lake George Park Commission (LGPC) for a freshwater wetlands permit to apply the aquatic herbicide Sonar in four separate bays in Lake George in the Town of Bolton, Warren County. This notice is given pursuant to Titles 7 and 8 of Article 24 of the Environmental Conservation Law, and 9 NYCRR Section 572.14 and 9 NYCRR Part 580.

The project is a demonstration control project for control of dense beds of the exotic plant Eurasian watermilfoil (milfoil) and is a regulated activity involving wetlands pursuant to Section 578.3(n)(2)(ii) of the Agency regulations. The action is a proposed Spring 2002 application of an aquatic herbicide with the active ingredient fluridone, a registered product called aqueous formulation SONAR (EPA#67690-4) at Paradise and Moonlight Bays and slow release pellet SONAR (EPA#67690-3) at West Tongue Mt. and Sawmill Bay. The four project sites consist of a total of 35.8± acres located within the Town of Bolton.

The applicant’s initial target concentration is 20 parts per billion (ppb) with up to 3 applications per site as allowed by the registered label, and an expected concentration range of 5 to 20 ppb. To aid in the treatment, temporary sequestering curtains of impermeable material will be used to enhance the exposure of milfoil to SONAR and to reduce movement of the herbicide to non-target areas. During the approximate six-week treatment period, recreational and tour boat access will be limited except at the Sawmill Bay site. Swimming will be prohibited 24 hours following the initial and subsequent treatments as required by the aqueous formulation SONAR label. Pre- and post-treatment monitoring is planned to track the chemical concentration and to assess the impacts on the aquatic plant community. Through control of milfoil, it is expected that native aquatic plants will re-establish at the sites. This project is intended to obtain experience for possible future treatments of large dense beds of milfoil as part of a comprehensive milfoil control plan for the entire Lake.

The potential major issues at the public hearing are expected to be the concentration of herbicide for efficacious control, the duration of treatment, and minimizing impact on native wetland plants (including state classified rare, threatened or endangered species).

The public hearing will commence at the Town of Bolton Town Hall, located at 4949 Lakeshore Drive (Route 9N) in the Town of Bolton, with a legislative session for receiving public statements at 1:00 p.m., followed by a pre-hearing conference at approximately 3 p.m. to determine parties and issues. An evening legislative session for receiving public statements will start at 6:00 p.m., on Thursday, August 30, followed by the continuation of the pre-hearing conference to determine parties and issues. If necessary, the pre-hearing conference to determine parties and issues will be continued the following week at the Town Hall at a date and time to be set. It is anticipated that, after the determination of parties and issues by the Administrative Law Judge, that the formal hearing with testimony and exhibits will commence in September 2001, on a date to be determined. Department of Environmental Conservation Administrative Law Judge Molly McBride has been assigned as the Hearing Officer for this project.

Any member of the public may speak at the legislative session or submit a written statement, and the Administrative Law Judge reserves the right to limit the time for each speaker. Any person or organization seeking to become a party to the hearing in order to present evidence, cross-examine witnesses or otherwise participate in the hearing (other than statutory parties and owners of land within 500 feet of the project site, who are parties of right) must file a petition with the Administrative Law Judge, with a copy to the Agency, pursuant to Section 580.7 of the Agency’s regulations. The petition should, among other items, state the petitioner's relationship to the matters involved, the nature of the evidence or argument he intends to present, and any other matter the petitioner believes relevant to granting the petition. Petitions seeking party status must be received by August 29, 2001 and must be served on the following: Administrative Law Judge Molly McBride, NYS Department of Environmental Conservation, Office of Hearings, 625 Broadway Albany, New York 12233-1550, Facsimile (518) 402-9037; Mitchell Goroski, Adirondack Park Agency, P.O. Box 99, Route 86, Ray Brook, New York 12977, Facsimile (518) 891-3938; Michael White, Executive Director, Lake George Park Commission, P.O. Box 749, Fort George Road, Lake George, New York 12845, Facsimile (518) 668-5001.

The NYS Department of Environmental Conservation also is an involved agency and is reviewing the project for an aquatic herbicide permit and floating object permit (buoys and lights on the sequestering curtains for boat navigation safety).

The project file is available for public inspection and copying pursuant to Agency regulations implementing the Freedom of Information Act during normal business hours at the Agency's offices, New York State Route 86, Ray Brook, New York. For further information, contact Richard D. Jarvis or Mitchell Goroski at P.O. Box 99, Ray Brook, New York 12977, or phone 518-891-4050.


Applicant: Michael W. Lemza
Essex Box and Pallet
NYS Route 22
PO Box 291
Essex, New York 12936
Phone: (518) 963-7061
Fax: (518) 963-8101

Office: Adirondack Park Agency
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891-4050

Contact: Richard D. Jarvis

Application No.: 2001-136

Project Name: Michael W. Lemza, Inc. dba Essex Box and Pallet

Location: Town of Chesterfield, Industrial Park Road and AuSable River

Project Description: Applicant proposes a new wood products manufacturing and warehouse facility to produce pallets, crates and similar products. The proposal includes a main manufacturing building (120' x 110' with future 50' x 110' expansion), a 1000 square foot office building, a 40' x 50' millwork building and 30' x 40' storage shed. Site development will include driveways, parking lot, wastewater treatment and stormwater storage systems. Sawdust and woodchips to be blown into two trailers for re-use. Year-round operations to occur weekdays, 7:00 am to 5:40pm and weekends as needed, 8:00 am to 4:30pm. Machines will be enclosed inside the manufacturing buildings. Initial operations will provide employment for 14 full-time and 1 part-time employee to produce 400,000 units per year. Future production of 500,000 units per year plus speciality wood products may provide up to 30 jobs over the next 3 to 5 years.


Negative Declaration

Clinton County - The New York State Department of Environmental Conservation, as lead agency, has determined that the proposed Rafferty Sand and Gravel Mine will not have a significant adverse environmental impact. The action involves mining of unconsolidated material, sand and gravel, and on-site processing of minerals by use of a screening plant and crusher within a 36.1 acre life of mine area that is part of a 180 acre parcel owned by the project sponsor at this location. Project also requires construction of a new access road to the mine site which will cross Farrell Brook and an adjacent wetland area. The project is located on LaPlante Road, Towns of Beekmantown and Altona.

Contact: Robert P. Forrester, NYS DEC, Rt. 86, P O Box 296, Ray Brook, New York, phone: (518)897-1234.


Essex County - The New York State Department of Environmental Conservation, as lead agency, has determined that the proposed fisheries Reclamation of Barnes Pond-Town of Minerva will not have a significant adverse environmental impact. The action involves the application of the piscicide rotenone at a concentration of 1.0 parts per million to remove the existing fish community which is dominated by non-native golden shiners. The project is approximately 12.6 acres in size and is located in the Vanderwacker Mountain Wild Forest. The pond is a formerly excellent trout water which is now dominated by the target species. Barnes Pond will be restocked with trout and will preserve unique, high quality fishing opportunities in the Vanderwacker Mountain Wild Forest. The project is located on Barnes Pond, Town of Minerva.

Contact: - Leo M. Demong, Vanderwacker Mountain Wild Forest, Minerva, New York 12851, phone: (518)897-1333.


Positive Declaration

Essex, Hamilton and Warren Counties - The New York State Department of Environmental Conservation, as lead agency, has determined that management actions proposed in the Vanderwhacker Mountain Wild Forest Draft Unit Management Plan/Environmental Impact Statement (UMP/EIS) may have significant adverse impacts on the environment and a Draft Environmental Impact Statement must be prepared. Proposed actions may include: construction of foot trails, lean-tos, parking areas, a snowmobile trail, snowmobile and foot trail bridges, bicycle trails, and hand carry canoe launches in the unit. Possible adverse impacts from implementation of the UMP/EIS may include temporary disturbance to wetland areas including vegetation, increased siltation and stream bottom disturbance. Other possible adverse impacts include: minor temporary erosion, increased hiking traffic in certain areas, and minor noise impacts during the construction of new facilities. The project is located in the Towns of Minerva, Newcomb, North Hudson and Schroon in Essex county; Town of Indian Lake in Hamilton County and Towns of Chester and Johnsburg in Warren County.

Contact: Michael Curley, NYS DEC, PO Box 220, Warrensburg, New York 12885, phone: (518) 623-1265.