ENB - REGION 3 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Availability of Phosphorus TMDL revisions as proposed for the Kensico Reservoir relative to the State Pollutant Discharge Elimination System (SPDES) permit for the New York City Department of Environmental Protectionís Catskill Aqueduct Influent Chamber.

Phase II phosphorous total maximum daily loads (TMDLs) for the nineteen reservoirs in the New York City watershed were submitted by the New York State Department of Environmental Conservation (NTSDEC) to the United States Environmental Protection Agency (USEPA) in June of 2000. These TMDLs were ultimately approved by USEPA on October 17, 2000.

The New York City Watershed Memorandum of Agreement (January 1997) described the process for developing phosphorous TMDLs in the watershed. Phase II phosphorous TMDLs have been an important part in the overall effort to protect the New York City reservoirs from the adverse effects of excessive nutrient loadings. As a result of the proposed SPDES permit for the Catskill Aqueduct Influent Chamber, NYSDEC is proposing a revision to the Kensico Reservoir TMDL for phosphorous.

Specifically, the draft SPDES permit for the Catskill Aqueduct Influent Chamber includes a total phosphorous limit of 26 kilograms per day. This is not a new source of phosphorous to the Kensico Reservoir. The phosphorous loading from the aqueduct has been accounted for in the nonpoint source or load allocation (LA) component of the TMDL. The drafting of the aforementioned SPDES permit has necessitated a shifting of the aqueduct phosphorus load to the pont source or waste load allocation (WLA) component of the TMDL. The proposed WLA of 9,895 kg/year is well within the load available for allocation. See Complete Application for New York City Watershed.

For additional information or a copy of the proposed TMDL revisions, contact:

NYSDEC
Bureau of Water Assessment and Management
625 Broadway, 4th floor
Albany, New York 12233-3502
Telephone: (518) 402-8180

Comments on the proposed TMDL revisions will be considered by the NYSDEC prior to submission to USEPA for approval. Comments must be received in writing at the above address by March 17, 2006.


Notice of Public Comment Period

Proposed Surface Restrictions Variance

PROJECT DESCRIPTION AND LOCATION: THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION ("NYCDEP" or "Applicant") has applied for a well permit and a variance to the surface restrictions requirements set forth in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), Section 553.2, to drill the KCT B-10 (API 31-119-23658-00-00) stratigraphic well in the Town of New Rochelle, Westchester County, New York. The Applicant proposes to drill the well for stratigraphic information, but needs a variance from the surface restrictions provisions set forth under 6 NYCRR §553.2.

The Department of Environmental Conservation ("Department") and the NYCDEP have agreed to a Stipulation dated February 8, 2006, regarding the granting of surface restrictions variances. This Stipulation is binding on the Applicant and its successors and assigns. In view of the executed Stipulation and the Applicantís current NYSDOT Highway Work Permit, the Department supports the granting of the requested variance and issuance of the well drilling permit.

PUBLIC COMMENT PERIOD: All persons, organizations, corporations or government agencies which may be affected by the proposed Project are invited to submit written comments on the Applicantís proposal. The public comment period will remain open until SATURDAY, FEBRUARY 25, 2006. Written comments should be submitted to: JOHN K. DAHL, DIRECTOR, BUREAU OF OIL AND GAS REGULATION, DIVISION OF MINERAL RESOURCES, 3rd FLOOR, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, 625 BROADWAY, ALBANY, NEW YORK 12233-6500 (telephone 518-402-8056; fax 518-402-8060). If no substantive and significant issues are identified regarding the proposed Project at the end of the comment period, the Department will issue a permit to drill the KCT B-10 well at the proposed location subject to site-specific conditions as warranted.

DOCUMENT AVAILABILITY: All filed documents (including the permit application, the variance request, and the executed Stipulation) are available for inspection during normal business hours at the Departmentís Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, New York 12233-6500 (518-402-8056), Contact: Ted Loukides; or at the Departmentís Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, New York 12561-1696 (845-256-3027), Contact: Mark Davin.

STATUTORY AND REGULATORY PROVISIONS: The application was filed and is being processed pursuant to ECL Article 3, Title 3 (Department of Environmental Conservation, General Functions, Powers, Duties and Jurisdiction); Article 8 (Environmental Quality Review); Article 23 (Mineral Resources); 6 NYCRR Part 550 et seq. (Mineral Resources); and Part 617 (State Environmental Quality Review).


Voluntary Cleanup Agreement

Notice of Availability for Comment
VCP # V00457-3 (Dalewood I Shopping Plaza)

Name of Volunteer: Heritage Realty Management, Inc. located at 535 Boylston Street, Boston, MA 02116

Project Location: The property is located on North Central Avenue in the Town of Greenburgh, New York, bearing Tax Map Section 27, Block 871, Lots 14 and 15. The site was a former dry cleaner located within the Dalewood I Shopping Plaza with the property address 357 North Central Avenue, Hartsdale (Town of Greenburgh), Westchester County, New York.

Project Description: The Remedial Action Work Plan (RAWP) for the Dalewood I Shopping Plaza Site documents the results of the site investigation findings, includes a summary of the field sampling activities, locations and the results of soil, groundwater and air sampling. The RAWP includes an interpretation with respect to the potential sensitive receptors and future Site remedial actions. With removal of a significant source of the groundwater contamination during the remedial investigation, an analysis of the remedial alternatives concluded that Monitored Natural Attenuation (MNA) and Enhanced Bioremediation are the most applicable alternatives for this Site. This selection is based upon the fact that MNA would adequately treat the groundwater, and could address groundwater and residual contaminants with minimal disturbance and exposure. Additional studies will be performed to further evaluate the current chemical and geological degradation processes and to further assess groundwater characteristics and flow conditions. The elements of the recommended remedy involve the development and implementation of a "pilot study" plan and the installation of treatment wells. The remedy also requires maintenance of the existing monitoring wells, the injection of treatment chemicals and periodic groundwater sampling and analysis.

In addition, the RAWP addresses the potential for volatile organic compound (VOC) vapor intrusion into the existing building. The recommended remedy includes: conducting assessments within the building to locate and seal any potential intrusion point; providing indoor air treatment through the installation of activated charcoal filters; adjusting the existing HVAC systems to increase fresh air intake rates and increase pressurization of the interior spaces; and installing sub slab vapor depressurization/soil vapor extraction system in the original dry cleaner facility source area. The remedy also requires periodic monitoring and indoor air and sub slab vapor sampling and analysis.

Comment Period: The Voluntary Cleanup Agreement and the Remedial Action Work Plan for the Dalewood I Shopping Plaza are 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. Comments should be postmarked by March 16, 2006 and sent to the NYSDEC project manager, Ralph Keating, PE, at the address noted below. Written comments expressing objections or opposition to the Work Plan must explain the basis of the opposition and identify the specific grounds which could justify the Departmentís imposing significant changes to a Work Plan. No formal response is made to comments, but as a result of comments, the Department may reevaluate and revise the Work Plan.

Contact Person: Ralph Keating, P.E., NYSDEC Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7010, phone #(518) 402-9774.

For individuals with health-related concerns, contact: Bridget Callaghan, NYSDOH, Bureau of Environmental Exposure Investigation, 547 River Street, Troy, New York 12180-2216, phone #(800) 458-1158 ext. 27850.

The Remedial Action Work Plan is available for review at the above noted NYSDEC office, at the NYSDEC Region 3 office, 21 S. Putt Corners Road, New Paltz, New York 12561 (845) 256-3154, and at the Town of Greenburgh Library, 300 Tarrytown Road, Greenburgh, New York 10523, phone (914) 993-1600.


Negative Declaration

Orange County - The Village Board, Village of Maybrook, as lead agency, has determined that the proposed Village of Maybrook Comprehensive Plan 2005 will not have a significant adverse environmental impact. The action involves the Village of Maybrook supporting the regulation of land use and fiscal affairs as prescribed by Village Law §7-722 by undertaking comprehensive planning to plan a future of economic prosperity, social improvement and protection of the environment. The project is villagewide.

Contact: Joseph E. Dineen, Village of Maybrook, 109 Main Street, Maybrook, NY 12543, phone: (845) 427-2717, fax: (845) 427-2164.


Westchester County - The Board of Trustees of the Village of Irvington, as lead agency, has determined that the proposed Local Law No. 2006-001 Adoption of Westchester County Greenway Compact Plan will not have a significant adverse environmental impact. The action involves the adoption of Westchester County Greenway Compact Plan under the provisions of Section 44-0119 of the Environmental Conservation Law of New York State, including amendment of Zoning Ordinance and Subdivision Regulations so as to make reference to the Compact Plan and direct reviewing of the Compact Plan's policies in discretionary actions under those laws, as appropriate.

Contact: Donald P. Marra, Village of Irvington, 85 Main Street, Irvington, NY 10533, phone: (914) 591-4358.


Notice Of Acceptance Of Draft Generic EIS And Public Hearing

Westchester County - The City Council of the City of New Rochelle, as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Downtown Density Bonus (DDB) Overlay District. A public hearing on the Draft Generic EIS was held on February 14, 2006 at 8:00 p.m. at City Hall, 515 North Avenue, New Rochelle, NY. Written comments on the Draft Generic EIS will be accepted until 10 days following the close of the public hearing. The action involves the City Council of the City of New Rochelle proposing to adopt a Zoning Code amendment to create the Downtown Density Bonus (DDB) Overlay Zoning District to guide future development within the Downtown Business (DB), Downtown Mixed Use (DMU), and Downtown Mixed Use Urban Renewal (DMUR) zoning districts located within the Central Parking Area in the Cityís downtown. The DDB Overlay Zoning District would allow for selective redevelopment of large parcels in the DMU and DMUR districts and would allow redevelopment of smaller parcels in the DB district. Property owners could seek a Floor Area Ratio (FAR) bonus and/or a height bonus subject to City Council review of the proposed project and public benefits. The project location is the City of New Rochelle Central Parking Area.

Contact: Craig King, City Council of the City of New Rochelle, 515 North Avenue, New Rochelle, NY 10801, phone: (914) 654-2182, fax: (914) 632-3626, e-mail: cking@ci.new-rochelle.ny.us.


Notice Of Acceptance Of Final EIS

Rockland County - The Village of Spring Valley, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Pascack Brook Flood Remediation Project and Union Road Bridge/Culvert Replacement Project and the Taking by Condemnation of Easements, if necessary, on four parcels adjacent to the said Bridge/Culvert. 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 15í x 7í 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 temporary construction and permanent easements on four 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, and 93 Union Road Tax ID # 50.70-1-28 is necessary to the project for drainage and highway purposes. The project is located within the Village of Spring Valley from Kings Terrace to Francis Place.

Contact: Bruce M. Levine, Village of Spring Valley, Spring Valley Village Hall, 200 N. Main Street, Spring Valley, New York 10977, phone: (845) 573-5861, e-mail: Blevine@villagespringvalley.org.