ENB - REGION 3 NOTICES

Completed Applications
Consolidated SPDES Renewals

6NYCRR Part 40 Notice of Adoption

Pursuant to the Environmental Conservation Law, Sections 11-1303 and 13-0339-a, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption for 6NYCRR Part 40 relating to marine fish. This notice will be published in issue 18 of the State Register, dated 5/5/2004.

For further information contact:
Alice Weber, Bureau of Marine Resources
Division of Fish, Wildlife and Marine Resources
205 N. Belle Meade Rd.
East Setauket, NY 11733
Telephone: (631) 444-0435 E-mail: amweber@gw.dec.state.ny.us


6NYCRR Section 41.3 Notice of Proposed Rule Making

Pursuant to the Environmental Conservation Law, Sections 13-0307 and 13-0319, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rule Making for 6NYCRR Section 41.3 relating to the sanitary condition of shellfish lands. This notice will be published in issue 18 of the State Register, dated 5/5/2004.

For further information contact:
Juliette Ventaloro, Bureau of Marine Resources
Division of Fish, Wildlife and Marine Resources
205 N. Belle Meade Rd.
East Setauket, NY 11733
Telephone: (631) 444-0492 E-mail: jlvental@gw.dec.state.ny.us


Public Notice

ELIGIBLE APPLICANTS ARE MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF THE HUDSON RIVER ESTUARY AND ASSOCIATED SHORE LANDS.

Hudson River Estuary Grants Under the NYS Environmental Protection Fund

Applications will be accepted through June 30, 2004 for grant funding under the Hudson River Estuary Grant Program. Anticipated funds from the Environmental Protection Fund for State Fiscal Year (SFY) 2004/05 are $1,000,000. This is a competitive grant program and projects must implement commitments identified in Governor George E. Pataki’s Hudson River Estuary Action Plan. Projects eligible for state assistance must help achieve or support the goals of the Estuary Action Plan in one of the following five categories: Community Interpretive Centers and Education; Open Space, Planning, Inventory and Acquisition; Community-based Habitat Conservation and Stewardship, Watershed Planning and Implementation; and Hudson River Access: Boating, Fishing, Swimming. State assistance may fund up to 75 percent of the approved project’s cost. The matching share to be provided by the recipient is 25 percent.

Applications are available on-line and can be downloaded and filled in at: www.dec.state.ny.us/website/hudson/hrep.html or for an application you may contact: Lorie King, NYS Department of Environmental Conservation, Division of Management and Budget, 625 Broadway, 10th Floor, Albany, New York, 12233-1080, or call (518) 402-9240.


Availability of Conceptual Remedial Action Work Plan for Comment

County: Westchester

Lead Agency: NYSDEC

Project Title: Availability of Conceptual Remedial Action Work Plan for Comment
Port Chester Former Manufactured Gas Plant Site No. V-00516-3

Project Location: Located at the intersection of Traverse and Purdy Avenues, Village of Port Chester, Westchester County, New York

Brief Project Description: The site encompasses 0.92 acres and is situated between Don Bosco Place and Traverse Avenue, at their intersection with Purdy Avenue in Village of Port Chester. The site is currently vacant and located in a commercial and residential area.

A small manufacture gas plant (MGP) was operated at the site from the 1860’s through the 1880’s. MGPs were common in New York during this period and were used to produce a gas used for residential and industrial purposes. A common waste product of MGP’s is coal tar which contains a mixture of volatile and semi-volatile compounds (VOCs and SVOC). After the MGP plant was dismantled, the site was used for various industrial and commercial operations, including a warehouse, an iron works, a waste oil reclaiming company, a dress factory, a machine shop, a paper storage facility, a mail distribution facility, a gasoline filling station and most recently a residential building.

The site is zoned as commercial/light industrial. The contemplated use of the site is restricted commercial property. Residential use of the property including day care, child care, medical care are prohibited as noted by the zoning requirements and the environmental easement in the VCA.

Numerous investigations have been performed at the site. The results of the investigations indicated that the majority of contamination (VOCs and SVOCs) at the site is present in the shallow soils (0 to 6 feet bgs). A minor amount of coal tar was observed on the outer ring of the holder units at depth (8 to 12 feet bgs) but it was considered to be residual in nature. The main area of concern is the shallow soil present in the middle section of the parcel and is referred to as the Excavation Area (EA). The EA is about 75 percent of the site and contains several former MGP subsurface structures. It was determined that the remaining areas of the site were not impacted.

The remedy is summarized below:

Any petroleum or MGP residual that will remain on-site is not expected to be of sufficient quantity or toxicity to migrate from the site and will be reduced via natural attenuation processes. Groundwater in both on and off-site monitoring wells will continue to be sampled and analyzed in order to document groundwater quality trends. A minimum of one foot of clean soil will cover all post-development green space, with a permeable barrier (filter fabric) marking the base of the clean line.

The Conceptual Remedial Action Work Plan is available for public review at the NYSDEC New Paltz office. Please call Mike Knipfing at (845) 256-3154 for an appointment. It is also available for review at the Port Chester Public Library located at 1 Haseco Avenue in Port Chester. Please call (914) 939-6710 for hours. Written comments may be submitted to Jamie Malcolm, P.E. at the address given below for 30 days following the date of this notice.

Contact Jamie Malcolm, P.E., NYSDEC, 625 Broadway, Albany, New York 12233-7014, (518) 402-9662, fax (518) 402-9679 or email at jemalcol@gw.dec.state.ny.us.


Positive Declaration

Westchester County - The Somers Central School District Board of Education, as lead agency, has determined that the proposed Expansion & Rehabilitation Project 2004, Somers Central School District may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves the Board of Education considering various additions and alterations to School District properties and buildings at two sites, which will require approval of a bond referendum by the residents of the District. The scope of the project may include all or some of the following improvements:

Elementary and High School site is located on NYS Route 139 approximately 0.6 mile south of its intersection with US Route 202, and Intermediate and Middle School site located on US Route 202 approximately 0.5 mile west of its intersection with NYS Route 100, in the Town of Somers, Westchester County, New York.

Contact: Kenneth Crowley, Somers Central School District, PO Box 620, Lincolndale, NY 10540, phone: (914) 248-7885.


Notice Of Acceptance Of Draft EIS And Public Hearing

Westchester County - The Town of Somers Planning Board, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Eagle River Subdivision. A public hearing on the Draft EIS will be held on May 12, 2004 at 7:30 p.m. at the Somers Town House, 335 Route 202, Somers, New York. The proposed project is to develop the Eagle River site as a conservation subdivision with a total of 108 single-family house lots, 362.3 acres (58 percent of the site) of open space and 4.1 miles of new public roadway. Individual septic systems and wells are proposed on each lot. The Eagle River Subdivision is proposed to be developed in five phases, taking approximately 52 months total. The Proposed Action will require authorization for conservation zoning approval pursuant to § 170-13.3D(1) of the Code of the Town of Somers. As part of the review of the application for subdivision approval, the Somers Planning Board expects to be reviewing related applications for wetlands permit, steep slope permit and tree removal permit approvals. The Angle Fly and Primrose Brooks run through the property, and extensive wetlands are located throughout the site. The Proposed Action would require that certain site improvements occur within regulated wetlands and/or regulated wetland buffer areas. Presently, 1.44 acres of direct wetlands disturbance is proposed. The project is located on both sides of Primrose Street (N.Y. Route 139) and adjacent to N.Y. Routes 100 and 35, and Van Rensselaer, Plum Brook and Hilltop Roads in the Town of Somers, Westchester County, New York.

Contact: Marilyn Murphy, Town of Somers Planning Board, Town House, 335 Route 202, Somers, New York 10589, phone: (914) 277-5366.


Notice Of Acceptance Of Final EIS And Public Hearing

Dutchess County - The Planning Board of the Town of Wappinger, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Shamrock Hills Subdivision. A public hearing will be held on May 3, 2004 at 7:30 p.m. at the Town Hall, 20 Middlebush Road, Wappingers Falls, NY. Comments will be accepted by the contact person until May 13, 2004 or 10 days after the close of the public hearing whichever comes later. The project involves a lot line realignment involving the transfer of 42.71 acres from Contrail to Shamrock Hills, resulting in two lots 100.56 acres (Shamrock Hills) and 158.5 acres (Contrail) in size with a 64-lot subdivision occurring on the 100.56 acre Shamrock Hills Lot. The project in located in the Town of Wappinger, NY.

Contact: Barbra Roberti, Planning Board, Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, NY 12590-0324, phone: (845) 297-1373.


Westchester County - The Town of Cortlandt Planning Board, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Jacobs Hill Crossing. A public hearing will be held on Tuesday, May 4, 2004 at 8:00 P.M at the Vincent F. Nyberg General Meeting Room, Cortlandt Town Hall, 1 Heady Street, Cortlandt Manor, New York. Written comments on the FEIS are requested and will be accepted by the contact person until May 14, 2004 (unless extended by the Planning Board). The action involves application (PB 21-00) submitted by Wilder Balter Partners, LLC for Preliminary Plat Approval for a 53 lot residential subdivision of 34.42 acres pursuant to Sections 276 and 277 of the New York State Town Law and pursuant to Chapter 265 (Subdivision of Land) of the Town of Cortlandt Code and for Permits pursuant to Chapter 259 (Steep Slopes) and Chapter 283 (Trees) of the Town of Cortlandt Code. The proposed 53-lot subdivision and related site improvements are shown on a 6-page set of drawings entitled “Conventional Layout Jacobs Hill Crossing” prepared by Ralph G. Mastromonaco, PE, dated June 17, 2002. As part of this application in response to comments raised during the Draft Environmental Impact Statement review, the applicant has developed an alternative mitigation plan pursuant to Section 307-94 of the Town of Cortlandt Zoning Code for a Planned Village Development of the subject property consisting of 161 multi family senior units and one unit for a superintendent as shown on a 6 page set of drawings entitled “161 Unit Senior Housing Plan Jacobs Hill Village”, prepared by Ralph G. Mastromonaco, PE, latest revision dated October 27, 2003. The subject property of 34.42 acres is located on the north side of Route 6, 200 feet west of the Bear Mountain Parkway and is designated on the Town of Cortlandt Tax Maps as Section 23.20, Block 1, Lot 1, Section 23.16, Block 5, Lots 2 and 3, and Section 23.20, Block 3, Lot 2 (City of Peekskill).

Contact: Mr. Kenneth Verschoor, Planning Division, Department of Technical Services, Cortlandt Town Hall, 1 Heady Street, Cortlandt Manor, New York, phone: (914) 734-1080.