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6NYCRR Part 40 Notice of Emergency Adoption and Proposed Rule Making

Pursuant to the Environmental Conservation Law, Sections 13-0340-b, 13-0340-e and 13-0340-f, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making of 6NYCRR Part 40 relating to marine fish. This notice will be published in issue 19 of the State Register, dated 5/12/2004 and was effective upon filing on 4/23/2004.

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

Availability of Conceptual Remedial Action Work Plan for Comment

County: Suffolk

Lead Agency: New York State Department of Environmental Conservation

Project Title: Gabreski Airport Site No. V-00576-1

Project Location: County Road 31, Town of Southampton, Suffolk County, New York

Brief Project Description: The site encompasses 58.6 acres of the Francis S. Gabreski Airport on the southern shore of Long Island. The site is located on County Route 31 (Old Riverhead Road) in the Town of Southampton, New York and is owned by Suffolk County. The site is bounded to the north by the Airport service road, on the south by Cook Street, on the west by County Road 31, and on the east by Sheldon Avenue. The site is bordered to the south by the New York Air National Guard, on the northern side by undeveloped "Pine Barrens", to the east by the Quogue Wildlife Refuge, and to the west by several light industrial and commercial properties.

The site portion of the airport was used primarily for base personnel. This area included several types of housing and dormitories for personnel and their families. In addition, training and support services were located in the central portion of the site.

The site property is zoned as LI-200 Light Industry. Existing structures within the site property are currently occupied by a variety of small businesses. As noted by the zoning requirements and the environmental easement in the Voluntary Cleanup Agreement, residential use is prohibited.

As documented in investigation reports, the main area of concern is the southern portion of the site parcel which has been impacted with petroleum products and volatile organic compounds (VOCs). This area of concern has been addressed by the remedy proposed in the Remedial Action Work Plan. The remedy is summarized below:

Groundwater in both on and off-site monitoring wells will continue to be sampled and analyzed in order to document groundwater quality trends and assess the natural attenuation process. The environmental easement will restrict the construction of new buildings in the source area. 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 Stony Brook office. Please call Bill Fonda at (631) 444-0345 for an appointment. It is also available for review at the Westhampton Free Library located at 7 Library Avenue in Westhampton. Please call (631) 288-3335 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.

Negative Declaration

Suffolk County - The Planning Board of the Town of Southampton, as lead agency, has determined that the proposed Tope Curto will not have a significant adverse environmental impact. The action involves a 2 lot standard subdivision of a 5.376 acre tract of land, including 1.90 acres (35 percent of the site) preserved as a Conservation Buffer/Open Space area. The project is located on the east side of Halsey Laner, approximately 210 feet south of Hildreth Lane in Bridgehampton, NY.

Contact: Dennis Finnerty, Town of Southampton Planning Board, Southampton Town Hall, 116 Hampton Road, Southampton, NY 11963, phone: (631) 287-5735.

Notice Of Acceptance Of Draft EIS

Suffolk County - The Town Board of Smithtown, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed PJ Venture II, LLC Zone Change #2003-04. Comments will be accepted until June 3, 2004. The action involves a petition for a change of Zone from R-10 and LI to SCB for the purpose of the future construction of an 88,408 square foot Kohl's Deprtment Store with an additional 8,055 square foot storage mezzanine, a 104,870 square foot Home Depot Pro-Store with a 26,620 square foot seasonal garden center, and a 142,733 square foot Wal-Mart with a 14,570 square foot seasonal garden center, a 2,000 square foot snack bar, and a 6,686 square foot tire/lube center, with other miscellaneous facilities, to be located on a currently vacant 43.45 acre parcel of land. The project is located on Crooked Hill Road, Rodney Street and Henry Street, Commack, Town of Smithtown, NY.

Contact: Russell K. Barnett, 124 West Main Street, Smithtown, NY 11787, phone: (631) 360-7514.

Notice Of Acceptance Of Final EIS

Nassau County - The Roosevelt Union Free School District and the New York State Education Department as co-lead agencies, have accepted a Final Environmental Impact Statement on the proposed Roosevelt Union Free School District. The project involves the implementation of a District-wide improvement program to relieve severe overcrowding, degraded physical conditions and/or inadequate and deficient equipment in the Districtís schools. As currently contemplated, the Proposed Action would replace four existing elementary schools with three new (replacement) elementary schools, construct a new (replacement) middle school and a new (replacement) high school, demolish the three elementary schools to be replaced and the existing junior-senior high school (likely in phases), shift Central Administration to the Harry Daniels Elementary School, and make the pre-kindergarten program universal and include such a program in each of the new elementary schools. The project is located at 240 Denton Place, Roosevelt, NY.

Contact: Kwame Boakye-Yiadom, Roosevelt Union Free School District, 240 Denton Place, Roosevelt, NY 11575, phone: (516) 867-8627, and, Carl Thurnau, New York State Education Department, Bureau of Facilities Planning, Education Building Annex, Room 1060, Albany, NY 12234.