ENB - REGION 3 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

NOTICE OF PUBLIC COMMENT PERIOD
NOTICE OF PROPOSED REMEDY TO ADDRESS SITE CONTAMINATION

EPA No. NYD054067756

The New York State Department of Environmental Conservation (NYSDEC) has reviewed the Corrective Measures Study for Georgia-Pacific Corporation, Flexible Packaging Division submitted by:

Georgia-Pacific Corporation
Flexible Packaging Division
17 Forester Avenue
Warwick, New York 10990

and has made a tentative selection of a final remedy to address site contamination of the facility. The Statement of Basis for the tentatively selected remedy is available for public review and comment until February 3, 2006.

PROJECT SUMMARY

The facility is owned and operated by Georgia Pacific Corporation (G-P) and it is situated on approximately 30 acres in the Village of Warwick, Orange County, New York. The property is bordered by Wawayanda Creek and railroad tracks to the south, open fields and woods to the east, and predominantly residences to the north and west. The main building houses the printing operations, offices and a warehouse. All structures which were utilized to manage the wastewater historically generated by the facility were considered Solid Waste Management Units (SWMUs) and have been remediated.

NYSDEC is proposing that the interim corrective measures implemented by G-P at the SWMUs located at this facility be considered the final remedies. No potential environmental or human health risks remain for the following SWMUs remediated at this site.

The seven WWTS tanks were throughly washed following the removal and off-site disposal of any sludge that had settled to the bottom of the tanks. However, the tanks could not be completely decontaminated as measured by the distilled water rinse test. Hazardous constituent concentrations just above the State Groundwater Standards were detected in the rinse water for most of the tanks indicating the presence of some residual contamination. Since all tanks were to close in place all rinse test data was averaged for each constituent to assess the overall impact the residual contamination might have on the groundwater. Only the average rinse test data for lead exceeded the standard (i.e., 47 ppb vs 15 ppb). Soil sampling in the vicinity of the tanks did not detect evidence of releases and the tanks themselves did not leak.

A limited excavation was implemented around the sewer manhole to remove the highest levels of lead detected in the soil. Some of this contamination was due to releases that had occurred at the manhole. However, the remaining fill material covering more than a third of an acre and containing elevated concentrations of total lead will remain in place.

These actions constitute the proposed final corrective action remedy for this investigation area.

Pursuant to Part 617 of the New York State regulations for Article 8 [the State Environmental Quality Review Act (SEQR)], NYSDEC has determined that the proposed action, described above, is and unlisted action and will not have a significant effect on the environment. A Negative Declaration is on file for this action.

DOCUMENT AVAILABILITY

Copies of the Statement of Basis and selected supporting documents (site investigation and corrective measures study reports) are available for inspection at the:

New York State
Dept. of Environmental Conservation
Region 3
21 South Putt Corners Road
New Paltz, New York 12561
Contact Person: Michael Merriman
Telephone: 914/256-3000

New York State
Dept. of Environmental. Conservation
Bureau of Hazardous Waste and Radiation Management
625 Broadway - 9th Floor
Albany, New York 12233-7252
Contact Person: Kent Johnson
Telephone: 518/402-8594

A copy of the Statement of Basis, which summarizes the remedy selection process for the Georgia Pacific facility, may be obtained by contacting the aforementioned Department staff located in Albany and New Paltz.

HOW TO PROVIDE YOUR COMMENTS

All comments will be considered in making the final decision concerning selection of the remedy. A response to any comments submitted will be issued which will identify any changes to the proposed remedy and will describe and respond to the issues raised in writing or at the availability session. A notice of the decision will be sent to each person who submits written comments or who requests such notice. Written comments about this action must be sent to the above-listed contact person at the NYSDEC Region 3 Office. A public hearing will be scheduled if warranted based on comments received.

All comments must be submitted in writing no later than February 3, 2006.


Negative Declaration

Orange County - The Town Board of the Town of Wallkill, as lead agency, has determined that the proposed Adoption of Local Law Amending Zoning - Implementation of the Town's Comprehensive Plan will not have a significant adverse environmental impact. The action involves zoning actions which are listed and are identified as preliminary steps in implementation of the Town of Wallkill Comprehensive Plan. The proposed amendments are:

Modification to the town's residential zoning districts (RA, R-2, and R-1) creating two denisty tables. The first for conventional subdivision developments, and the second for Conservation Subdivision developments where the provision of open space is required.

To establish a Conservation Subdivision law for use in the town's residential districts.

Modification to the town's Planned Interchange Development district removing "High Rise Multiple Residences" as an allowed use.

To establish a Performance Overlay District for application in areas of town where residential districts abut the town's Planned Interchange Development (PID) district and Manufacturing Industrial (MI) district.

Removal of Section 249-21 "Cluster developments" from the town's zoning ordinance. Note: this cluster section is essentially being replaced by the conservation subdivision section.

The project is located in the Town of Wallkill.

Contact: John Ward, Town of Wallkill, 600 Route 211 East PO Box 398, Middletown, NY 10940, phone: (845) 692-7832.


Positive Declaration And Public Scoping

Rockland County - The Village of Spring Valley, as lead agency, has determined that the proposed Replacement of the Union Road Bridge/Culvert over the Pascack Brook, and the Taking by Condemnation of Easements on five parcels adjacent to the said Bridge/Culvert 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 January 10, 2006 at 8:00 p.m. at the Boardroom, Village of Spring Valley Village Hall, 200 North Main Street, Spring Valley, New York. The public comment Period ends January 20, 2006. The action involves stream improvements to approximately 1850 linear feet of stream from Kings Terrace to Francis Place and removal of deteriorated steel and concrete bridge/culvert and replace with a new 15’ x 7’ concrete box culvert at the Pascack Brook, Union Road crossing, Village of Spring Valley, Town of Ramapo, County of Rockland, State of New York. A bridge/culvert replacement is necessary where the Pascack Brook crosses Union Road. The taking of construction and permanent easements on five parcels adjacent to Union Road, more specifically located at 90 Union Road, Tax ID # 50.70-1-22, 91 Union Road, Tax ID # 50.70-2-31, 92 Union Road, Tax ID # 50.70-1-23, 93 Union Road Tax ID # 50.70-1-28 and 2 Morris Road, Tax ID# 50.70-1-27 is necessary to the project. The project is located within the Village of Spring Valley from Kings Terrace to Francis Place.

Contact: Bruce M. Levine, Spring Valley Village Hall, 200 North Main Street, Spring Valley, New York 10977, phone: (845) 573-5861, fax: (845) 352-1164, E-mail:Blevine@villagespringvalley.org.


Positive Declaration And Notice Of Acceptance Of Draft Generic EIS And Public Hearing

Westchester County - The Town of North Castle Town Board, as lead agency, has determined that the proposed Town of North Castle Moratorium Planning and Zoning Study may have a significant adverse impact on the environment and a Draft Generic Environmental Impact has been prepared. A public hearing on the Draft Generic EIS will be held on Wednesday, January 18, 2006 at 7:00 p.m. at H.C. Crittenden School, MacDonald Avenue, Armonk, New York 10504 and, if necessary, to be continued at 7:00 p.m. on Thursday, January 19, 2006 at the same location. Comments on the DGEIS are requested and will be accepted by the contact person identified below until ten calendar days after the date of the close of the public hearing or such later date as may be announced by the Town Board at the close of the public hearing. The action involves involves the adoption of zoning map amendments and other planning and regulatory changes designed to implement the Town Comprehensive Plan Update of 1996; to afford increased protection for the Town’s environment, to protect the character, quality and livability of the community; and to otherwise promote the public health, safety and general welfare. The following is a summary of the proposed actions:

1. The rezoning of almost 2,100 acres of land from one residential zoning classification to another.

2. The rezoning of approximately 107 acres of land either to, from or between non-residential zoning classifications in the Town’s three hamlet centers.

3. The adoption of an Aquifer Protection Overlay (APO) Zoning District designed to provide greater protection for approximately 1,680 acres of land situated over the Town’s mapped groundwater aquifers of 10 acres or larger.

4. The adoption of a Roadscape Preservation Ordinance designed to protect the attractive character along the Town’s most frequently traveled roadways.

5. The adoption of a Senior Citizen Housing Floating Zone designed to encourage the construction of housing for people 65 years of age and older.

6. The extension and modification of the Town’s present Steep Slopes Regulations to make them applicable to land in all zoning districts.

7. The adoption of “Environmental Subtraction Regulations” which would reduce the land count of environmentally sensitive areas toward meeting minimum lot area requirements and also require that every new building lot contain a “Minimum Contiguous Buildable Area,” exclusive of such environmentally sensitive features.

8. The increase of the minimum required wetland buffer setback from 100 to 150 feet along high quality wetlands, waterbodies and watercourses.

9. The adoption of residential Floor Area Ratio (FAR) controls designed to limit house size in proper proportion to lot area.

10. The adoption of maximum Impervious Surface Coverage (gross land coverage) limitations.

11. The adoption of a modified building height standard.

12. The adoption of other miscellaneous zoning text amendments.

13. The adoption of amendments to the Town Comprehensive Plan Map.

The project is located in the Town of North Castle, Westchester County, New York.

Contact: Adam R. Kaufman, Planning, Town of North Castle, Annex Building, 17 Bedford Road, Armonk, New York 10504, phone: (914) 273-3542.


Notice Of Acceptance Of Draft EIS And Public Hearing

Dutchess County - The Town Board of the Town of Fishkill, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Fishkill Landing at the Waterfront. A public hearing on the Draft EIS will be held on January 18, 2006 at 9:30 a.m. at the Town of Fishkill, Town Hall, 807 Route 52, Fishkill NY. Written comments will be accepted by the Lead Agency until March 1, 2006. The action involves a proposal to construct the Fishkill Landing at the Waterfront project, a residential and commercial development, on a 22-acre peninsula site located along the Hudson River in the Town of Fishkill. The project proposes a waterfront development comprised of 78 townhouse units, 4 restaurant/retail buildings with 31 second and third floor rental apartments, a marina with 126 boat slips (82 private and 44 public), and a public park. The Fishkill Landing project will be constructed in three phases over a period of two to four years. The subject area includes a portion of the Town of Fishkill situated in Dutchess County, NY. Within the Town, the general location of the project is along the east shoreline of the Hudson River, approximately one mile north of the Newburgh-Beacon Bridge. The site is bordered on the north, west, and south by the Hudson River and on the west by the MTA Rail Lines.

Darlene Bellis, for, Joan A. Pagones, Town of Fishkill, Town Hall, 807 Route 52, Fishkill, NY 12524, phone: (845) 831-7800, fax: (845) 831-6040.


Notice Of Acceptance Of Final Generic EIS

Hudson River Valley Counties - The New York State Department Of Environmental Conservation, as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed Draft Final Hudson River Estuary Action Agenda 2005-2009.

The NYS Department of Environmental Conservation has released the Draft Final Hudson River Estuary Action Agenda 2005-2009 and Generic Environmental Impact Statement . The Draft Hudson River Estuary Action Agenda was released for public review and comment on April 18, 2005. The public comment period ended June 1, 2005. Two public meetings, the State of the Hudson Summit on April 18, and a meeting of the Hudson River Estuary Advisory Committee on June 15, 2005, focused on the Draft Action Agenda. Public comments were received and recorded during these meetings. Additional comments were received during the comment period via mail, fax, and through the Estuary Program’s website e-mail address: www.dec.state.ny.us/website/hudson/hrep.html . These comments and the Department’s responses are included in the Draft Final Action Agenda as Appendix A. Corresponding changes have been made to the Draft Final Action Agenda as indicated in the responsiveness summary.

The Draft Final Hudson River Estuary Action Agenda 2005-2009 and Generic Environmental Impact Statement is available on the web at: www.dec.state.ny.us/website/hudson/hrep.html . For additional information, contact 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 on the Draft Final Hudson River Estuary Action Agenda 2005-2009 and Generic Environmental Impact Statement will be accepted through COB, January 12, 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.

Contact Person: Nancy W. Beard
Citizen Participation Specialist I
NYS DEC Hudson River Estuary Program
21 South Putt Corners Road
New Paltz, NY 12561
Phone: (845) 256-3016
E-mail: HREP@gw.dec.state.ny.us


Notice Of Acceptance Of Final EIS

Westchester County - The White Plains Planning Board, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Springdale Avenue Development. Comment period ends January 13, 2006. The action involves new construction of five single-family dwellings on a site that is designated as an environmentally sensitive site with steep slope areas. The property is located in a R1-5 One-family Residential District which requires a minimum lot area of 5,000 square feet.

Contact: Rod Johnson, City of White Plains, Planning Department, Municipal Building, 255 Main Street, Municipal Building Annex, White Plains, New York 10601, phone: (914) 422-1372, fax: (914) 422-1301, e-mail: rjohnson@ci.white- plains.ny.us.