ENB - REGION 3 NOTICES

Completed Applications
Consolidated SPDES Renewals

Availability for Comment on Draft TMDL/Impaired Waters Restoration Plans

This notice announces the availability of DRAFT Total Maximum Daily Load (TMDL)/Impaired Water Restoration Plans proposed by New York State Department of Environmental Conservation for two (2) specific waterbodies: Greenwood Lake in Orange County and Finkle Brook in the Lake George Watershed. Public comment on these documents will be accepted for 30 days, through September 2, 2005.

BACKGROUND: States are required by Section 303(d) of the Clean Water Act and EPA's implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed TMDL/Impaired Water Restoration Plan for Greenwood Lake (for phosphorus) is consistent with a similar TMDL proposed and adopted by New Jersey for this shared waterbody that straddles the New York-New Jersey border. The proposed Plan for Finkle Brook (for sediment) relies on current and ongoing stormwater and other nonpoint source reduction efforts to address existing water quality impairments in Lake George.

INFORMATION: Copies of the proposed draft plans can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233–3502, or by phone at 518–402–8179, or via email at ntcaruso@gw.dec.state.ny.us. The plans are also anticipated to be available on the NYSDEC website at: www.dec.state.ny.us/website/dow/tmdl.html. Comments on these draft plans can be submitted to the Bureau of Watershed Assessment and Management, ATTN: Ron Entringer, at the above address.


Extension Of Comment Period

Orange County – The Village of Goshen Planning Board, as lead agency, has advised that the comment period to receive written comments on the Draft Generic Environmental Impact State for the Goshen Executive Center published in the ENB on August 17, 2005 has been extended from 4:30 p.m., September 6, 2005 to 4:30 p.m. September 13, 2005. Comments on the DGEIS should be submitted to:

Jerome O'Donnell
Village of Goshen Planning Board
276 Main Street
Goshen, NY 10924


Voluntary Cleanup Agreement

Notice of Availability for Comment
Remedial Action Work Plan for the
Upper Hook Road Site, Bedford Hills, Westchester County
VCP Site No. V00670-3

Name of Volunteer: The Town of Bedford, 321 Bedford Road, Bedford Hills, New York 10507

Project Location: The site is an approximately 2 acre area located on the eastern portion of a 36.7 acre parcel located at Upper Hook Road and Route 121 (Old Post Road) in the Town of Bedford, Westchester County. This 2 acre site is the subject of the Voluntary Cleanup Agreement (VCA), the Site Investigation Work Plan (SIWP) and the Remedial Action Work Plan (RAWP), and is will hereinafter be referred to as the VCA site. The VCA site is accessed by an unpaved road extending westward from Route 121. There are residential properties farther to the east, northwest, and southeast. The Cross River Reservoir is located approximately 700 feet north of the VCA site across Upper Hook Road, and 1,000 feet east of the site across Route 121.

The VCA site has historically been used as an outdoor practice shooting range by the Town of Bedford Police Department, and is considered a potential area of concern due to possible impacts to soil from discharged lead shot and spent shell casings.

Project Description: The Remedial Action Work Plan for the Town of Bedford Firing Range, proposes to restore the VCA site to an unrestricted use status. A soil cleanup goal of 200 ppm of lead has been determined to achieve the stated objective. All soils identified as containing lead above 200 ppm will be excavated from the site and replaced with clean fill. The excavated material ( approximately 100 cubic yards ) will be transported in appropriately permittedlicensed vehicles to an approved waste disposal facility. Satisfactory removal of contaminated soils will be confirmed through post excavation end-point sampling and analysis. The maximum depth of excavation is not expected to exceed five feet. The groundwater table is 40- to- 45 feet below ground surface and is not anticipated to be impacted by past shooting- range activities at the site. Considering the nature and origin of the contamination, the excavation depth is not expected to exceed 5 feet. The top 6 inches of soil in the firing line area as depicted in Fig. 5 of the RAWP will also be scraped off to remove spent shell casings, and will be disposed of at a permitted disposal facility. The groundwater table is 40 to 45 feet below ground surface, and is unlikely to be impacted by the lead contamination caused by discharged lead shots and spent shell casings at the site.

In addition to the sampling described above, seven soil samples will be collected from the site and analyzed for volatile and semi-volatiled organic compounds, PCBs/pPesticides , and cChlorinated hHerbicides. This will provide the information necessary to evaluate the future unrestricted use of the VCA site.

Comment Period: The Remedial Action Work Plan for the cleanup of the VCA site property described above is available for review at the locations set forth below. Written comments on this action must be received within 30 days following the date of this Notice. Written comments expressingobjections or opposition to the Work Plan must explain the basis of the opposition and identify the specific grounds which could justify the Department’s imposing significant changes to a Work Plan. No formal response is made to comments, but as a result of comments, the Department may re-evaluate and revise the Work Plan.

Contact Person: Endra Mahamooth, P.E., NYSDEC , Division of Environmental Remediation, 21 South Putt Corners Road, New Paltz, New York 12561-1696, phone #(845) 256-3147. For individuals with health-related concerns, contact: Carl Obermeyer NYSDOH, Bureau of Environmental Exposure Investigation, Monticello District Office, 50 North St., Suite 2, Monticello, New York 12701, phone No. (845) 794-2045.

The Work Plan and other site related documents areis available for review at the above NYSDEC office at 21 South Putt Corners Road from 8:30 a.m to 4:45 p.m M-F, at the Bedford Hills Free Library located at 26 Main St., Bedford Hills, New York 10507 from 1:00 p.m. to 8:00 p.m. M-W, from 10:00 a.m. to 5:30 p.m. Th-F, after Labor Day also open from 10:00 a.m. to 1:00 p.m. Sat., and at the Town Clerk’s Office located at Town Hall, 321 Bedford Road, Bedford Hills, New York 10507 from 8:30 a.m. to 4:30 p.m..


Positive Declaration And Public Scoping

Orange County - The Town of Monroe Planning Board, as lead agency, has determined that the proposed Vintage Vista Subdivision may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. Written comments on the submitted scope are invited, and will be accepted by the Lead Agency through the close of business on October 5, 2005. Written comments should be mailed to the contact person listed below. The scoping document will also be made available at Town Hall, 11 Stage Road, Monroe, New York, and at the Monroe Free Library, Millpond Parkway, Monroe, New York. A public scoping session will be held during the Town of Monroe Planning Board meeting, September 20, 2005, after 7:30 p.m. at the Town of Monroe Senior Center located on Mine Road, Monroe NY. The action involves a request for subdivision approval and all other necessary land use approvals for a 29-lot subdivision on a 10.6-acre parcel in the URM zoning district. With the addition of subsidiary accessory dwelling units, a total of 58 residential units may be possible at the site as a result of the subdivision. The site is proposed to be served by public sewer service and central water to be supplied from the Village of Kiryas Joel. The site adjoins a parcel in the Village of Kiryas Joel that is under consideration for a +151-unit residential development. A connecting road network is planned to improve safety and access, and to avoid excessively long cul de sacs.

The site is located north of a project known as Forest Edge, consisting of an up to 51-lot subdivision at the corner of Forest and Mountain Roads (CR 44), also at the Village of Kiryas Joel boundary. It is the intent of the Planning Board to consider potential cumulative impacts of combined projects.

Contact: Pat Malanaphy, Town of Monroe Planning Board, Town Hall, 11 Stage Road, Monroe, New York 10950, phone: (845) 783-1900 ext. 233.


Notice Of Acceptance Of Draft EIS And Public Hearing

Dutchess County - The City of Beacon Planning Board, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Long Dock Beacon. A public hearing on the Draft EIS will be held on September 13, 2005 at 7:00 p.m. in the Court Room of the Beacon City Hall located at 1 Municipal Plaza, Beacon, NY. Written comments on the Draft EIS will be accepted until close of business September 27, 2005. The action involves a planned waterfront revitalization project for a significant tract of land, consisting of three separate abutting parcels which collectively total approximately 24.73 acres of upland (an additional approximately 64.69 acres is underwater associated with Hudson River), proposed pursuant to a development agreement between the Scenic Hudson Land Trust, Inc. (Scenic Hudson) and Foss Group Beacon, LLC (Foss Group). Long Dock Beacon is proposed as a sustainable, mixed-use transit-oriented development growing out of an extensive community planning process. The project totals approximately 162,100 SF of gross floor area in addition to an existing 4,000 SF of gross floor area in the existing Red Barn (which will remain). The proposed action is currently envisioned to be implemented in two phases and includes the following major development and park components:

The proposed action also involves two requested zoning text amendments (subject to the review and approval by the City Council) to the existing City of Beacon Zoning regulations applicable to the underlying WD Zoning District. In addition, the proposed action involves an application to the Planning Board for Subdivision Approval, involving the reconfiguration of the existing three parcels to address appropriate separation of the planned development components from the riverfront park area for financing, taxes, maintenance, and liability purposes. The subject property is located southwest of the MTA Metro-North Railroad Beacon Station, along the west side of the railroad tracks and extending south along the railroad tracks to the northern boundary line of Denning's Point (a New York State owned park parcel) in the City of Beacon, Dutchess County, New York. The project site encompasses all of the privately-owned lands within the City's WD Waterfront Development Zoning District which substantially form Long Dock Peninsula (as the general area is referred to in the City of Beacon Zoning Ordinance). It is accessed via a driveway off Red Flynn Drive. The northern portion of the peninsula lands consist of a small, approximately 1.74 acre City owned parcel that is located within the adjacent WP Waterfront Park Zoning District.

Contact: A Jay Hibbs, City of Beacon Planning Board, 1 Municipal Plaza, Beacon, NY 12508, phone: (845) 838-5002, fax: (845) 838-5026.


Sullivan County - The Town of Bethel Zoning Board of Appeals, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed BHM Metal Products & Industries. A public hearing on the Draft EIS will be held on October 17, 2005 at 7:30 p.m. at 3586 SR 55, Kauneonga Lake, NY. Written comments on the Draft EIS will be accepted until October 17, 2005. The action involves a proposed Area Variance for a 2 lot subdivision. Lot #1 is asking for an area variance from the square footage and Lot #2 is asking for an area variance from the lot width. The project is located at 264 Horseshoe Lake Road, Kauneonga Lake, Town of Bethel, County of Sullivan, State of New York.

Contact: Stephen Morey, Town of Bethel Zoning Board of Appeals, PO Box 76, Mongaup Valley, NY 12762, phone: (845) 583-5500.


Notice Of Acceptance Of Final EIS

Dutchess County - The Town of East Fishkill Planning Board, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Summit Woods Residential Cluster Subdivision. The action involves a residential project with a total of 175 single-family cluster subdivision. The project will be served by central water and sewer. The project would derive access from two points on NYS Route 52: (1) across from Primrose Lane (also known as Strawberry Hill) and (2) at the base of Stormville Mountain Road. The total anticipated area of disturbance is approximately 128 acres of 39% of the site, and the remainder will be preserved as open space. These documents, and all maps, applications, and related project information, are available for public inspection during regular business hours at the Planning Board Clerk's Office at the Town Hall, 330 Route 376, Hopewell Junction, NY 12533 (845) 221-2428. A copy of the FEIS is also available at the East Fishkill Library.

Contact: Patricia Twomey, Town of East Fishkill Planning Board, Town Hall, 330 Route 376, Hopewell Junction, NY 12533 phone: (845) 221-2428.


Putnam County - The Town of Philipstown Town Board, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Garrison Golf Club Planned Development District. The action involves the mapping of a zoning district in the Town of Philipstown referred to as the Garrison Golf Club Planned Development District. The applicant Town of Philipstown proposes to designate approximately 200.3 acres of land as a Planned Development District (PDD) pursuant to Chapter 175, Article XII of the Philipstown Code in order to facilitate the construction of a banquet/meeting facility, a destination restaurant, and overnight facilities. The project is located on the west side of Route 9 in the immediate vicinity of Philipse Brook Road and Snake Hill Road in Garrison.

Contact: Tim Miller, Town of Philipstown Town Board, Philipstown Town Hall, 238 Main Street, Cold Spring, New York 10516, phone: (845) 265-3329.


Notice Of Acceptance Of Final Generic EIS

Orange County - The Town of Newburgh Town Board, as lead agency, Has accepted a Final Generic Environmental Impact Statement on the proposed Town of Newburgh Comprehensive Plan Update. The action involves policy recommendations with regard to utilities and infrastructure, transportation, and planning and zoning for the Town of Newburgh which have been grouped into short term, intermediate and long term objectives. If the Comprehensive Plan Update is adopted, the Town Board may then adopt amendments to the Town Code pertaining to the recommendations, as well as approve other implementing measures such as the installation of traffic calming measures, construction of infrastructure and acquisition of land.

Contact: James Osborne, Town of Newburgh, 308 Gardnertown Road, Newburgh, NY 12550, phone: (845) 564-7814, fax: (845) 564-7802.