ENB - REGION 3 NOTICES

        
Completed Applications Consolidated SPDES Renewals
Negative Declaration

Project Number: 3-3726-00074-00001

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

The NYS Department of Environmental Conservation (DEC), as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared.

Name of Action: Philipstown Industrial Park, Mining Modification

SEQR Status: Type I
This 16-acre expansion of an existing mine is a Type I Action under Part 617.4(b)(6)(ii), because it is an expansion of an existing non-residential activity by more than 50% of a Type I threshold (10 acres of physical disturbance).

Description of Action:
The applicant proposes to expand the existing 23-acre Philipstown Industrial Park mine by 16 acres for a total of 39 acres of mining, in order to prepare the site for the 37-lot Quarry Pond Estates subdivision, which previously received preliminary subdivision approval and a Negative Declaration by the Philipstown Planning Board on November. 29, 1990.

Currently, only unconsolidated material (sand and gravel) is mined on the southern portion of the site. The proposed modification would allow additional sand and gravel to be mined, and would also allow approximately 130,000 cubic yards of consolidated material (rock and bedrock outcrops) to be blasted, crushed and sold off-site in order to prepare the site for the construction of the approved residential subdivision. The applicant indicates that they expect to blast approximately three (3) times per year.

The applicant does not propose any changes to the overall hours of operation of the mine currently set at Monday through Saturday from 7:00 A.M. until 5:00 P.M. However, the applicant has requested a one-hour expansion of the current hours for the processing of material (crushing) on weekdays from the current Monday through Friday between 8:00 A.M. and 5:00 P.M., to equal the hours for all other weekday operations at the mine. They also requested an expansion of processing of material (crushing) to include Saturdays from 7:00 A.M. until 5:00 P.M.

The applicant has also applied for approval to conduct blasting activities from Monday through Friday, between the hours of 10:00 A.M. and 2:00 P.M. As indicated above, the applicant indicates that they expect to blast approximately three (3) times per year.

Location:
The mining expansion is located immediately north of the existing Philipstown Industrial Park mining site on the east side of Route 9 south of Horton Road.

Reasons Supporting This Determination
1. The proposed new crusher will be subject to all the permit conditions and controls in the DEC air permit required for its operation, thus there will be no significant deterioration in existing air quality.

2. The applicant has proposed limiting the hours of blasting and surrounding the crusher with a berm that would be 5 feet higher that the top of the crusher, to block potential off-site noise impacts. The applicant used SoundCalc, a New York State accepted computer program, to model the potential noise impacts in order to calculate the location and height of the noise buffering berms.

3. DEC regulations require the applicant to control and manage drainage and stormwater runoff. The applicant proposes to achieve this by diverting all drainage in the mine expansion area to either the existing on-site pond or the proposed on-site drainage basin. Thus, there will be no surface water, drainage, erosion or flooding impacts. The only fish on the site would be in Clove Creek that borders the property to the east. However, the applicant is avoiding any direct disturbance of the Creek and proposes to divert stormwater drainage away from the mining area away from the Creek and toward onsite ponds.

4. The applicant proposes to construct one small (0.3 acres) retention basin with a depth of approximately 6 to 8-foot in the northern portion of this mine expansion. Otherwise, there will be no excavation/mining into the groundwater, and thus no impacts on groundwater quantity or quality.

5. There will be no additional truck traffic impacts resulting from the proposed expansion because the applicant states in the application that truck traffic would be limited to either the existing sand & gravel operation or the consolidated material, but not both concurrently.

6. Based on a review of the Department’s database of historic, archaeological, or other aesthetic or cultural resources, the proposed expansion area does not contain or abut any of these resources and thus the proposed expansion will not disturb any of them.

7. Because the expansion area was extensively mined before the takeover of the current owner, most of the proposed expansion area, in particular the bedrock knobs, is bare of most vegetation. Due to this lack of habitat, there only minor wildlife resources on the site. Additionally, the site is bordered on the east by the Clove Creek stream habitat and by extensive undeveloped, and thickly forested land that can accommodate any wildlife species that might be displaced by the proposed expansion.

8. Based on a review of the Department’s database of agricultural districts significant habitats and rare, threatened or endangered species, the proposed expansion area does not contain any of these resources and thus the proposed expansion will not disturb any of them. Additionally, there will be no solid waste production at this facility

9. The proposed mining expansion will prepare the site for a single family residential development which is in keeping with the Town’s planning and zoning regulations and thus will also be in conformance with the community's existing plans or goals. Since the mining will prepare the site for development already allowed by the Town’s local zoning, it will not allow or encourage any induced growth. Additionally, because the site has a limited supply of mineral and the reclamation will prepare the site for a future subdivision, there will be no long term or cumulative mining impacts

10. Based on the plans submitted, there will be a only a minor increase in energy use due to the addition of crushing.

Contact: Michael D. Merriman, New York State Department of Environmental Conservation, 21 South Putt Corners Rd, New Paltz NY 12561-1696, phone: (845) 256-3165


Sullivan County - The Zoning Board of Appeals of the Town of Lloyd, as lead agency, has determined that the proposed Supermarket Complex will not have a significant adverse environmental impact. The action involves construction of an 81,200 square foot supermarket on a 23 acre site, together with access drives and parking for up to 447 vehicles, stormwater management basin and on-site sanitary sewage treatment system. The project is located on the north east corner Rt. 299 intersection with Elting Corners Road.

Contact: Glen Nelson, Town of Lloyd Zoning Board of Appeals, 12 Church Street, Highland, New York 12528, phone: (845) 691-7167.


Sullivan County - The Planning Board of the Town of Bethel, as lead agency, has determined that the proposed Camp Manahaim Buildings Project will not have a significant adverse environmental impact. The action involves construction of five (5)-56 room "hotel" buildings and one new Tabernacle building at an existing summer religious camp; including new sewage treatment system for new buildings; expanded water supply system, additional parking and landscaping. The project is located at Old White Lake Turnpike, between Hamlets of Kauneonga Lake and Swant Lake, Bethel.

Contact: Herman Bressler, Bethel Planning Board, Town Hall, P. O. Box 300, White Lake, New York 12786, phone: (845) 583-4350.


Ulster County - The Town Board of the Town of Marbletown, as lead agency, has determined that the proposed Local Law No. 1 of 2002 will not have a significant adverse environmental impact. The action involves revising and supplementing the existing telecommunications law of the Town of Marbletown.

Contact:: Tom Jackson, Town of Marbletown, P. O. Box 217, Stone Ridge, New York 12484, phone: (845) 687-7601.


Notice of Acceptance of Draft Generic EIS and Public Hearing

Rockland County - The Town Board of the Town of Orangetown, as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Town of Orangetown Comprehensive Plan. A public hearing on the Draft Generic EIS will be held on February 28, 2002, at 8:00 p.m. at Town Hall, Town of Orangetown. The action involves identifying and addressing land use-related issues in Town, and provides recommendation for future growth and change. The Comprehensive Plan is intended to assist the Town's governmental departments and boards, as well as local businesses and industries, make decisions regarding open space preservation and land development in the Town. It is also intended to provide a basis for zoning actions required to resolve zoning and land use inconsistencies that exist in certain portions of the Town. In addition, the Plan provides an opportunity to integrate various efforts and programs throughout the Town into a comprehensive policy document.

Contact: Thom Kleiner, Town of Orangetown, town Hall, 26 Orangeburg Road, Orangeburg, New York 10962, phone: (845) 359-5100.


Notice of Acceptance of Final EIS

Orange County - The Planning Board of the Town of New Windsor, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Hannaford Food and Drug Site Plan Application. The action involves construction of a 55,200 SF food and drug store and related parking facilities; proposed parking and site access improvements at the adjacent Monro Muffler site; proposed site access improvements at the adjacent Long John Silver’s site; and proposed off-site improvements to the local transportation network. The project is located New York State Routes 32 and 94, Town of New Windsor.

Contact: Mark J. Edsall, McGoey, Hauser and Edsall, 33 Airport Center Drive, Suite 202, New Windsor, New York 12553, phone: (845) 567-3100.