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

Pursuant to the Environmental Conservation Law, Sections 13-0303, 13-0340, 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 17 of the State Register, dated 4/27/2005 and was effective upon filing on 4/8/2005.

For further information contact:
Byron Young, 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: bhyoung@gw.dec.state.ny.us

Availability of Voluntary Cleanup Project Work Plan for Comment

County: Rockland

Lead Agency: New York State Department Of Environmental Conservation

Former Orangeburg Pipe: V00579-3

Project Location: The site in Region 3. It is located at 206 Route 303 South (Highland Avenue), Orangeburg, NY 10962, northwest of the intersection of Highland Avenue and Palisades Parkway, Town of Orangetown, in Rockland County. A Lowe’s Home Center is located on the site.

Project Description: The site is on a state highway with many small businesses surrounding the parcel. It is a portion of the former Orangeburg Pipe Manufacturing Facility which operated from 1893 to 1973. The Volunteer purchased the parcel after operation of the facility ceased and is not responsible for contamination of the Site attributable to the Former Orangeburg Pipe Manufacturing Facility. However, Spill No.0102771 was reported during Volunteer’s remediation of the Site. The Report on Contaminated Soil Disposal and Cleanup of Spill No.0102771 at Former Orangeburg Pipe Manufacturing Site, dated December 2001, identified contamination of subsurface soil and groundwater by petroleum hydrocarbons, volatile and semi-volatile organic compounds, hazardous substances and solid waste.

A Lowe’s Home Center has been built on the property. During construction, an asphalt cover (parking lot) was placed over a majority of soils on-site. Soils not covered by asphalt were covered with two feet of soil. The groundwater pump and treat system will work to remediate the groundwater. There is no apparent off-site migration of contamination from the disposal of wastes.

Public Comment Period ends: 6 /2/05

Contact: Gerard Burke, NYSDEC-Central Office, 11th Floor, 625 Broadway, Albany, NY 12233-7015; Telephone: 518-402-9622; Fax:518-402-9627; e-mail: gwburke@gw.dec.state.ny.us

Draft Hudson River Estuary Action Agenda 2005-2009 And Notice Of Acceptance of Generic Environmental Impact Statement

Lead Agency: New York State Department of Environmental Conservation

Project Title: Draft Hudson River Estuary Action Agenda 2005-2009 and Generic Environmental Impact Statement

Brief Project Description: The NYS Department of Environmental Conservation had released for public review and comment, Governor George E. Pataki’s Draft Hudson River Estuary Action Agenda 2005-2009 and Draft Generic Environmental Impact Statement. The Draft Action Agenda is a continuation of a planning process that began in May 1996 when the first Estuary Action Plan was approved, and was later updated in 1998 and again in 2001. The Draft Action Agenda 2005-2009 identifies projects proposed to be implemented over a four year period by DEC and, in partnership with other agencies.

Periodic evaluation of the Hudson River Estuary Program’s agenda assures DEC and the public that goals are being met and presents an opportunity to fine-tune existing commitments. The Draft Action Agenda 2005-2009 proposes an agenda that includes the continuation and expansion of fisheries research and management, biodiversity and habitat conservation, as well as new initiatives in the areas of water quality monitoring and increased citizen involvement and educational opportunities.

The Draft Hudson River Estuary Action Agenda 2005-2009 and Draft Generic Environmental Impact Statement is available on the web at: www.dec.state.ny.us/website/hudson/hrep.html . Hard copies of the Draft Action Agenda are available by contacting the Hudson River Estuary Program at: NYS DEC Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561 Phone (845) 256-3016. Fax (845) 255-3649; e-mail address: HREP@gw.dec.state.ny.us

Comments will be accepted through COB, June 20, 2005, at the above addresses, contact numbers, and through our web address; HREP@gw.dec.state.ny.us Please be sure to include the words Hudson River Action Agenda in the subject line of your e-mail.

Project Location: This project covers the Hudson River Estuary, from the Troy dam to the Verrazano Narrows, and includes the surrounding watershed, also known as the Hudson River Valley.

For Draft GEIS Public Comment Period Ends: COB June 20, 2005

Contact Person: Nancy Beard, Citizen Participation Specialist I
NYS Department of Environmental Conservation
DEC Region 3
Hudson River Estuary Program
21 South Putt Corners Road
New Paltz, NY 12561
Phone: (845) 256-3016
Fax: (845) 255-3649
E-mail: HREP@gw.dec.state.ny.us (Please be sure to include the words Hudson River Action Agenda in the subject line of your e-mail.)

Negative Declaration

Putnam County - The Town Board of the Town of Patterson, as lead agency, has determined that the proposed Fox Run Condominiums Water Supply Improvements will not have a significant adverse environmental impact. The action involves the rehabilitation and financing of improvements for an existing 204 unit condominium project. A new pumphouse and other improvements related to the water supply system will be constructed to improved the supply and distribution system. The project is located at 20 Fox Run Lane, Patterson, NY.

Contact: Richard Williams, Town of Patterson, P.O. Box 470, 1142 Route 311, Patterson, NY 12563, phone: (845) 878-6500, fax: (845) 878-2019.

Positive Declaration And Public Scoping

Rockland County - The Village of Montebello Planning Board, as lead agency, has determined that the proposed Weinberger Subdivision may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on May 10, 2005 on or about 7:15 p.m. at the Village of Montebello Village Hall, One Montebello Road, Village of Suffern, New York. A Copy of the Draft Scoping Document may be viewed at Village Hall by contacting Carol Adduce, Planning and Zoning Clerk, Village of Montebello, One Montebello Road, Suffern, NY, 10901, phone: (845) 368-2211, and the reference desk, Suffern Free Library, 210 Lafayette Avenue, Suffern, NY 10901, phone: (845) 357-1237. The action involves a proposed subdivision of an 84.25-acre property into not more than 48 single-family lots. The lots will be served by United Water New York and Rockland County Sewer District No. 1. The project sponsor proposes to construct new roads to serve the lots and dedicate them to the Village of Montebello. Under standard zoning, the proposed lots will be not less than 50,000 square feet in area. The applicant has proposed, however, that cluster development be applied to the project. The Village Board has authorized the exploration and use of cluster development, but has not mandated same. Under the applicant’s cluster proposal, lots would range from 35,000 square feet to 64,000 square feet. The Planning Board will review the environmental impacts under both standard and cluster development. The project is located south of Grandview Avenue, east of the intersection of Spook Rock Road and Grandview Avenue.

Contact: Carol Adduce, Village of Montebello, One Montebello Road, Suffern, NY 10901, phone: (845) 368-2211, fax: (845) 368-2044.