ENB - REGION 3 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Proposed Rule Making 6 NYCRR Subpart 43-2

Pursuant to the Environmental Conservation Law, Sections 13-0308 and 13-0309. The Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rule Making of Subpart 43-2 of Title 6 NYCRR relating to surfclams. This notice will be published in issue 18 of the State Register, dated 5/04/2005.

For further information contact:
Maureen Davidson
Division of Fish, Wildlife and Marine Resources
205 N. Belle Meade Rd., Suite 1
East Setauket, NY 11733
Telephone: (631) 444-0496
E-mail: mcdavids@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, 2005 for grant funding under the Hudson River Estuary Grant program. Anticipated grant funds from the NYS Environmental Protection Fund for State Fiscal Year (SFY) 2005-06, is approximately $1 million. This is a competitive grant program and projects must implement commitments identified in Governor George E. Patakiís Hudson River Estuary Action Plan. Projects 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. Projects eligible for state assistance must be located within the geographic boundaries of the Hudson River estuary and associated shore lands. State assistance may fund up to 75 percent of approved eligible project-related costs. 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 a copy of the application you may contact: NYS Department of Environmental Conservation, 21 S. Putt Corners Road, New Paltz, NY at (845) 256-3016.


Brownfield Cleanup Program

Site Name: The Kensington
Site Address: 5-27 Kensington Road
Bronxville, NY 10708
County: Westchester
Site No.: C360081
Requestor: Spectrum Kensington, LLC

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by May 27, 2005 to:

New York State Department of Environmental Conservation
Division of Environmental Remediation - Region 3
21 South Putt Corners Road
New Paltz, NY 12561-1696
Attention: Steven Parisio

Repository address:

The Bronxville Public Library
201 Pondfield Road
Bronxville, NY 10708


Brownfield Cleanup Program

Site Name: 49 North Broadway
Site Address: 49 North Broadway
Yonkers, New York 10701
County: Westchester
Site No.: C360082
Requestor: John Kolenda, Esq.

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

Please note the application package includes the Draft Remedial Investigation Work Plan which describes the remedial activities to be conducted to investigate and determine the nature and extent of the contamination related to the site.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by May 27, 2005 to:

New York State Department of Environmental Conservation
Region 3
21 South Putt Corners Road
New Paltz, New York 12561-1696
Attention: Steven Parisio

Respository address:

Yonkers Public Library
1 Larkin Center
Yonkers, New York 10701


Negative Declaration

Dutchess County - The NYS Department of Environmental Conservation (DEC), as lead agency, has determined that the proposed Keller Brothers Sand & Gravel Mine Expansion will not have a significant adverse environmental impact. The action involves a 10.5 acre expansion of an existing sand and gravel mine to mine approximately 170,000 cubic yards of additional sand and gravel from the expansion area. The material will be processed on site using equipment already in use at the site. No additional processing equipment is proposed. The existing approved mine covers an area of 18 acres, 7 of which have already been reclaimed to productive agricultural use. The proposed reclamation objective for the site expansion area is also agricultural land. The project is located on the west side of Benson Hill Road, about 0.6 mile north of the intersection with Maple Lane in the Town of Dover, NY.

Contact: Scott E. Sheeley, New York State Department of Environmental Conservation, 21 South Putt Corners Rd, New Paltz NY 12561-1696, phone: (845) 256-3050.


Dutchess County The NYS Department of Environmental Conservation (DEC), as lead agency, has determined that the proposed Vincent P. Kinlan sand and gravel mine proposed 11.5 acre expansion will not have a significant adverse environmental impact. The action involves Vincent P. Kinlan sand and gravel mine (DEC Application Number 3-1350-00052/00003) proposing a 11.5 acre expansion in two separate areas of its currently permitted 26 acre mine located within a 241 acre parcel on the west side of White Schoolhouse Road, approximately 3,000 feet south of NYS Route 308 in the Town of Rhinebeck. The project involves the removal of approximately 300,000 cubic yards of sand and gravel. Dry screening of excavated material will continue. A final floor elevation at 310 feet above sea level is proposed for the expansion areas, consistent with the currently approved reclamation plan.

Contact: Alec Ciesluk, New York State Department of Environmental Conservation, 21 South Putt Corners Road, New Paltz, NY 12561, phone: (845) 256-3014.


Dutchess County - The Town of Fishkill Town Board, as lead agency, has determined that the proposed Crest @ Fishkill will not have a significant adverse environmental impact. The action involves the rezoning and zoning map amendment to change designation of a 32 acre parcel from RMF-3 and GB to RMF-5 and GB. The project is located on Route 52 in Town of Fishkill, New York.

Contact: Darlene Bellis, Town of Fishkill, 807 Route 52, Fishkill, NY 12524, phone: (845) 831-7800, fax: (845) 831-6040, E-mail: dbellis@fishkill-ny.gov.


Dutchess County - The Town of Red Hook Planning Board, as lead agency, has determined that the proposed Common Fire Subdivision will not have a significant adverse environmental impact. The action involves the subdivision of 52 acre parcel into three (3) residential building lots ranging in size from 8.05 acres to 35.98 acres. The project is located at West Kerley Corners Road, Town of Red Hook, NY.

Contact: Betty Mae Van Parys, Planning Board, 7340 South Broadway, Red Hook, NY 12571, phone: (845) 758-4613.


Orange County - The NYS Department of Environmental Conservation, as lead agency, has determined that the proposed AAA Farms Sand & Gravel Mine Expansion (Project Number: 3-3356-00064/00001) will not have a significant adverse environmental impact. The action involves the expansion of an existing sand and gravel mine by approximately 12.4 acres and mining of up to approximately 800,000 cubic yards of additional material from the expansion area to a final floor elevation no deeper than 400 and 405 feet above mean sea level in the northern and southern portions, respectively, of the expansion area. There will be no on-site processing of material. The proposed reclamation consists of 12.4 acres of grasslands, with potential residential use after completion of all mining and reclamation on the site. The project is located at Turtle Bay Road, about 0.5 mile east of the intersection with Lower Road (Co. Rte. 12) Town of Wawayanda.

Contact: Scott E. Sheeley, New York State Department of Environmental Conservation, 21 South Putt Corners Rd, New Paltz NY 12561-1696, phone: (845) 256-3050.


Orange County - The City of Middletown Common Council, as lead agency, has determined that the proposed Rezoning of property in the City of Middletown, NY, from R-1 "One Family Residential Districts" to a new zoning classification to be known as "UR-3A Multiple Residence Parkland Zone" will not have a significant adverse environmental impact. The action involves changing the zoning designation of an approximately 48.5 acre parcel of land in the City of Middletown from R-1, which permits as-of-right single family detached residences on 7,500 square foot lots, to UR-3A Multiple Residence Parkland Zone, which amendment will result in a density of use on the overall property that is the same or less than that allowed under the current zoning and allow for moderate development, flexibility in development design, maintenance of open space and improvement of drainage in the area. The rezoning will permit the following subsequent actions: the construction of up to 157 attached single family units and 8 detached single family units on approximately 28 acres of property to be retained by Miamisburg Development, Ltd., and the transfer of approximately 20 acres to the City of Middletown for use as passive recreational land, open space and drainage control facilities. The project is an approximately 48.5 acre parcel of real property located generally between East Main and Anthony Streets in the City of Middletown designated on the City of Middletown Tax Map as Section 37, Block 1, Lot 14 and Section 43, Block 1, Lot 9.

Contact: Robert Moson, Middletown City Hall, 16 James Street, Middletown, NY 10940, phone: (845) 346-4166, fax: (845) 344-5428.


Conditioned Negative Declaration

Westchester County - The Village of Mount Kisco Planning Board, as lead agency, has determined that the proposed Saw Mill Club Site Plan Approval and Special Permit Extension will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this action. The action involves the applicant, Tennis Equities, proposing to construct an 81 space parking lot, and expand and enclose the existing outdoor swimming pool on the project site with a seasonal bubble. To construct the parking lot, approximately 0.8 acres of wetland buffer would be disturbed. The total acreage of the project site is 8.07 acres. A 3.44-acre portion of the site is located in the Town of Bedford and the remaining 4.63 acres are within the Village of Mount Kisco. The proposed action involves only the portion of the site within the Village of Mount Kisco. The project site is located on Kensico Drive (tax map numbers 69-42-1-3 and 69-42-1-4) in the General Commercial (GC) district.

The conditions are:

1) The applicant agrees to mitigate potentially adverse wetland buffer impacts by providing a landscaping and wetland buffer mitigation plan which includes a 10-foot landscaped buffer comprised of wetland plantings along the northern edge of the proposed parking lot.

2) The applicant agrees to provide stormwater management for water quality treatment such that the proposed development would not represent a significant negative impact or degradation in water quality to any reservoir, stream, wetlands, or watercourse.

3) The applicant agrees to construct an extended detention pond that can accommodate stormwater run-off rates for the 1, 2, 10, 25, and 100-year storm so that the post development conditions do not exceed those in the existing condition.

Contact: Michael Stein, Village of Mount Kisco, 104 Main Street, Mount Kisco, NY 10549, phone: (914) 241-0500.


Notice Of Acceptance Of Final EIS

Orange County - The Minisink Valley Central School District Board of Education, as lead agency, has accepted a Final Environmental Impact Statement on the proposed construction of a New Otisville Elementary School. The action involves the Board of Education proposing to construct a new elementary school that would be approximately 125,000 square feet of gross floor area, and would accommodate six classrooms per grade level, Special Education classrooms and associated resources, rooms for art, music, a gymnasium, a cafetorium, a media center, and BOCES space. The school would have a capacity to serve 900 students. Play fields, playgrounds, and parking facilities with a capacity for 150 vehicles are also proposed. The main access to the new elementary school would be from Mount Hope Road. The project site is located in the Town of Mount Hope, Orange County, New York, and consists of 51.75 acres. The new elementary school will be built on a 30-acre portion of the site. The project site is identified on the Town of Mount Hope tax maps as Map 13, Block 1, Lot 6.32 and Map 10, Block 1, Lot 54.1. The site fronts on Mount Hope Road between Finchville Turnpike to the north and Grange Road to the south.

Contact: Ms. Priscilla Holden, Minisink Valley Central School District, Route 6, Slate Hill, NY 10973, phone: (845) 355-5120.


Westchester County - The Town of New Castle Zoning Board of Appeals, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Legionaries of Christ, Inc. - Application for Amended Special Use Permit Approval. The action involves an amendment of a Special Use Permit that was originally granted by the Zoning Board of Appeals in 1994 and further amended in March 1998, so as to permit the existing approved seminary facility known as the International Center for Philosophy and Theology (composed of up to 100 male seminarians, 7 resident faculty and staff, and 2 additional non-resident visitors and employees) to be converted into a Womenís Formation Center (composed of up to 120 women students, 20 resident faculty and staff, and 20 non-resident visitors and employees). The current action also includes the request for approval of the continuation of evening and weekend retreats and counseling services that were initially authorized on an interim basis in March 1998, as well as an increase in the number retreat participants from a maximum of 48 to 80 persons and the elimination of the precise activity schedule that had been part of the March 1998 approval, subject to a prohibition on group outdoor activities between 10:00 P.M. and 8:00 A.M. The current action will involve renovations to the existing 69,438 square foot seminary building and the construction of an additional 105,585 square feet of building area for classrooms, an auditorium, a library, gymnasium facilities, offices, a bus garage/maintenance facility and a separate retreat center, among other uses associated with the Womenís Formation Center. Proposed outdoor facilities include a soccer field, two tennis courts and three basketball courts as well as accessory off-street parking areas. If approved, the proposed expanded seminary facility would be served by a connection to the Town of New Castle municipal water supply and an expanded on-site subsurface sewage disposal system. The current action replaces the originally proposed action, which would have involved a larger seminary expansion. The subject property is approximately 98 acres in size and is located within the R-2A Zoning District and the Environmental Protection Overlay District. The project is located at 773 Armonk Road, in the Town of New Castle, NY.

Contact: Jane Kreuter, Zoning Board of Appeals, Town of New Castle, 200 South Greeley Avenue, Chappaqua, NY 10514, phone: (914) 238-4725, fax: (914) 238-5177.