ENB - REGION 3 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Proposed Technical Amendment to the LIS TMDL

In January 2001, the New York State Department of Environmental Conservation ("Department") submitted A Total Maximum Daily Load Analysis to Achieve Water Quality Standards for Dissolved Oxygen in Long Island Sound (hereafter the "LIS TMDL") to the U.S. Environmental Protection Agency. www.dec.state.ny.us/website/dow/tmdllis.pdf . The LIS TMDL was developed jointly with the Connecticut Department of Environmental Protection ("Connecticut DEP"). In April 2001, the U.S. Environmental Protection Agency ("EPA") determined that the LIS TMDL met the requirements of section 303(d) of the Clean Water Act, and EPA's implementing regulations (40 CFR Part 130) and thereby approved the LIS TMDL. EPA's Approval Letter for the LIS TMDL, (April 3, 2001).

Table 6 of the LIS TMDL identifies the sum of the New York and Connecticut Waste Load Allocations ("WLAs") from each of 11 management zones. Table 7 of the LIS TMDL contains equivalency factors that identify the relative impact of nitrogen from each zone on dissolved oxygen ("DO") conditions in Long Island Sound. Compliance with the LIS TMDL can be achieved through meeting the WLAs or through new allocations resulting in equal or greater water quality improvements, as defined by the Table 7 equivalency factors. The equivalency factors comprise river delivery factors (the amount of nitrogen discharged to a river segment that makes it the mouth of the river) and Long Island Sound transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots). In other words, allocations among facility-specific WLAs can be modified without resubmitting a revised LIS TMDL as long as the new allocations resulted in equal or greater water quality improvements, as determined by the use of the exchange ratios identified in Table 7 of the LIS TMDL document.

The Table 7 transport efficiencies were established from predictions of the "LIS 3.0" water quality model developed in the 1990s. A new model, called the Systemwide Eutrophication Model ("SWEM") has subsequently been developed. The Department recognized early on that SWEM had certain advantages over LIS 3.0 and that the SWEM should be used in the future, once accepted. See Department Response to Public Comments on the LIS TMDL, Modeling Tools on pg 10-11 and Recent/Future Monitoring on pg 24 (January 2001), www.dec.state.ny.us/website/dow/responseliss.pdf. In fact, the LIS TMDL cites the application of SWEM as one of the elements to a planned revision of the LIS TMDL. See LIS TMDL, Reassessment on pg 48 and Table 14. SWEM contains a number of technical improvements over LIS 3.0 and has since been reviewed and approved by the Long Island Sound Study for application to Long Island Sound planning and management.

In light of its subsequent approval by the Long Island Sound Study and after consultation with and without objection from Connecticut DEP, the Department hereby proposes a limited amendment to the LIS TMDL to incorporate the insights from SWEM predictions of the relationship between the DO response to nitrogen discharges from zone 8 (the upper East River Management Zone) and zone 9 (the lower East River Management Zone). This limited technical amendment would support the New York City Department of Environmental Protection's ("New York City DEP") development of a long-term nitrogen control program to attain its WLAs for zone 8 and zone 9 discharges, without compromising water quality. The technical amendment would formalize the use of SWEM ratios in meeting the allocations to those zones in advance of a more comprehensive revision of the LIS TMDL. The Department is soliciting public comment on the proposed amendment before submitting it to the EPA for review and approval.

SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0. SWEM also predicts that the ratio of the transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots) between zone 8 and zone 9 is 4:1, compared to the LIS 3.0 transport ratio of 2:1. Therefore, the Department proposes to modify the LIS TMDL Table 7 transport efficiencies for zone 8 and zone 9 to a 4:1 ratio from a 2:1 ratio. New York City DEP would comply with the LIS TMDL through meeting the WLAs or through new allocations using the updates to the Table 7 equivalency factors. This revision to the equivalency factors would only apply to reallocations between zone 8 and zone 9. Because SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0, this change places no additional burden on discharges from other zones to achieve water quality standards. The timeframe for using this amendment based on a combination of SWEM and LIS 3.0 ratios would be until the anticipated full SWEM technical update (and other technical updates) are incorporated into a complete LIS TMDL revision.

Public comment on the proposed amendment will be accepted for 30 days, through April 7, 2006. Comments should be submitted in writing to Philip O’Brien of Division of Water, 625 Broadway, Albany, NY 12233-3502, or by email at pxobrien@gw.dec.state.ny.us.


Negative Declaration

Dutchess County - The Town of Red Hook Planning Board, as lead agency, has determined that the proposed St. Margaret’s Subdivision will not have a significant adverse environmental impact. The action involves the applicant proposing to subdivide a ±1.76 acre parcel from a 16.12 acre parcel in the Business 1 (B1) Zoning District. The proposed new lot will be served by individual wells and septic systems. The proposed parcel will utilize an existing access from U.S. Route 9. The project is located on U. S. Route 9, Town of Red Hook, NY.

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


Notice Of Acceptance Of Draft EIS And Public Hearing

Ulster County - The Village of New Paltz Planning Board, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Woodland Pond at New Paltz, a Continuing Care Retirement Community (PROJECT # PB04-16). A public hearing on the Draft EIS will be held on Tuesday, March 28, 2006 at 7:00 p.m. at Deyo Hall, Huguenot Historical Society, 18 Broadhead Avenue, New Paltz, NY. Comments are requested and will be accepted by the contact person until April 14, 2006. The action involves the applicant, Kingston Regional Senior Living Corporation (KRSLC) submitting an Application for Site Plan Approval and a Special Use Permit. The applicant proposes a Continuing Care Retirement Community (CCRC) consisting of 24 cottages, 177 apartments, 40 skilled nursing beds, and 60 enriched housing beds on approximately 83 acres of land in the Village of New Paltz. In addition, services will be available to residents of the CCRC, which will include health care, food services, housekeeping, maintenance, utilities, grounds keeping, scheduled local transportation, activities, and emergency response. The project would utilize both municipal water and sewer services. The project is located on North Putt Corners Road in the Village of New Paltz, New York. The 83 (+/-) acre project area consists of portions of three tax parcels, identified as parcel numbers 86.2-1-7 (9 +/- acres), 86.2-1-2.112 (3 (+/-) acres) and 86.2-1-12.100 (142 +/-acres). The applicant proposes to subdivide parcel number 86.2-1-12.100 into two parcels. The project area is situated in the Professional and Limited Business District (PB) and Residence District (R-1) as designated by the Village of New Paltz Zoning Map. Approximately 37.24 (+/-) acres are located in the PB Zoning District, and approximately 45.76 (+/-) acres are located in the R-1 Zoning District.

Contact: Alison Shestakofsky, Village of New Paltz Planning Board, 25 Plattekill Avenue, New Paltz, NY 12561, phone: (845) 255-3055.


Notice Of Acceptance Of Final Generic Supplemental EIS

Orange County - The Town of Newburgh Town Board, as lead agency, has accepted a Final Generic Supplemental Environmental Impact Statement. The action involves the rezoning of portions of the Town of Newburgh. The zoning map amendments are as follows: approximately 1,377 acres (including Orange Lake) to be rezoned from the R-3 District to the R-1 District, approximately 967 acres to be rezoned from R-2 District to the R-1 District, and approximately 130 acres to be rezoned from the IB District to the B District. The Proposed Action is a specific recommendation of the 2005 Town of Newburgh Comprehensive Plan Update.

The Proposed Action requires approval from the Town of Newburgh Town Board, also acting as the Lead Agency for this Action. The Proposed Action was referred to the Town of Newburgh Planning Board in accordance with the requirements of the Town’s Zoning Code and to the Orange County Planning Department in accordance with General Municipal Law. The proposed area to be rezoned is located in the southwest portion of the Town and is generally bounded by the R1 District to the north, Interstate 87 to the east, Route 17K and Interstate 84 to the south, and the Town of Newburgh town line to the west.

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