ENB - REGION 3 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Public Hearing

County: Sullivan and Ulster

Lead Agency: NYS DEC

Project Title: Public Comment on the Adoption and Implementation of the Willowemoc Wild Forest Unit Management Plan Amendment

Contact Person: Robert Messenger
NYS DEC
21 South Putt Corners Road
New Paltz, New York 12561
rwmessen@gw.dec.state.ny.us
Phone Number: (845) 256-3004

Project Location: Towns of Denning and Hardenburgh, Ulster County and Neversink and Rockland, Sullivan County. New York State Forest Preserve lands designated as the Willowemoc Wild Forest in the Catskill Forest Preserve

Project Description: The Department of Environmental Conservation, as lead agency, will hold a public hearing on the Draft Willowemoc Wild Forest Unit Management Plan Amendment (Draft UMP amendment) on Thursday, April 6, 2006 from 5:00 to 8:00 p.m. Rockland Town Hall in Livingston Manor, NY. A copy of the Draft UMP amendment is available for public inspection during business hours at the DEC Region 3 headquarters, 21 South Putt Corners Road in New Paltz, NY. Comments are requested and will be accepted by the contact person listed below by mail or personal delivery until the close of business on Monday, April 17, 2006.


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.


Notice of Proposed Rule making for 6 NYCRR Part 44 relating to lobsters and crabs

Pursuant to the Environmental Conservation Law Sections 13-0329 and 13-0331, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rulemaking for 6NYCRR Part 44 relating to lobsters and crabs. This notice will be published in issue 12 of the State Register, dated 3/22/2006.

For further information contact:
Kim McKown
Department of Environmental Conservation
205 North Bellemeade Road
East Setauket, NY 11733
Phone: (631) 444-0454 Email: kamckown@gw.dec.state.ny.us


Availability of Voluntary Cleanup Project Design Documents

County: Westchester

Lead Agency: NYSDEC

Project Title: Availability of Voluntary Cleanup Project Design Documents
Former Refuse Disposal Area at the Ward Pound Ridge Reservation
Site ID No: V-00507-3

Project Location: North of Boutonville Road, Town of Lewisboro, Westchester County, Region 3

Brief Project Description: The Former Refuse Disposal Area at the Ward Pound Ridge Reservation occupies approximately 1.3 acres immediately north of Boutonville Road in the Town of Lewisboro, Westchester County, New York. The site has a generally north to south orientation and is bordered on the south by Boutonville Road and on the other three sides by a forested deciduous wetland. The site was used to dispose of waste generated at the park from approximately 1950 to 1986. The refuse consisted mostly of campground trash and refuse from on-site residences. The remedy includes removing a small amount of waste for off site disposal, and then covering the site with 24" of clean soil, which will be planted with a low-growing deer-resistant wildflower and grass mix for dry soil. Long term management of the remedy includes institutional controls in the form of restrictions on future use and use of the groundwater at the site as well as regular inspections to assess the continued effectiveness of the remedy.

Questions or comments can be directed to Joshua Cook, Remedial Bureau C, 625 Broadway, 11th Floor, Albany NY, 12233-7014. Phone: (518) 402-9564, Fax: (518) 402-9679, E-mail: jpcook@gw.dec.state.ny.us

For more information, the Remedial Closure Work Plan, the design documents, and a Fact Sheet can be reviewed at the Hiram Halle Memorial Library, 271 Westchester Avenue, Pound Ridge, NY 10576, (914) 764-5085 and the NYSDEC Region 3 Office, 21 South Putt Corners Road, New Paltz, New York 12561, (845)-256-3154.


Negative Declaration

Dutchess County - The Town of Fishkill Planning Board, as lead agency, has determined that the proposed Subdivision for Kenneth Davies will not have a significant adverse environmental impact. The action involves a proposed 2 lot residential subdivision of a +5-acre parcel located partially in the Town of Fishkill (Tax parcel #133089-6355-00-089861) and the Town of East Fishkill (Tax parcel # 132800-6355-00-147844). Existing lot contains an existing single-family residence. The existing parcel is located in the R-40 and the R-4A zones in the Town of Fishkill. The new lot will be served by individual well and on-site septic systems.

Contact: Debbie Davis, Town of Fishkill Planning Board, 807 Route 52, Fishkill, NY 12524, phone: (845) 831-7800 ext. 3328, fax: (845) 831-2964, e-mail: ddavis@fishkill-ny.gov.


Orange County - The NYS DOT, as lead agency, has determined that the proposed construction of extended Stay Hotel - Stewart Airport will not have a significant adverse environmental impact. The action involves the construction of an extended stay hotel and associated parking and other site facilities on Stewart Airport Property in the Town of New Windsor, at the intersection of Breuning Road and First Street.

Contact: William J. Gorton, NYS DOT, 4 Burnett Blvd., Poughkeepsie, NY 12603, phone: (845) 431-5848, e-mail:bgorton@dot.state.ny.us.


Orange County - The Village of Washingtonville Planning Board, as lead agency, has determined that the proposed Brotherhood Plaza Lot Line Revision will not have a significant adverse environmental impact. The action involves subdivision approval of a lot line revision that will transfer .84 acres from the Brotherhood Winery, a property listed on the National Register of Historic Places, to the Brotherhood Plaza. The lot line revision is part of an overall plan to expand an existing supermarket in a shopping center that abuts the property of the Winery. The project is located at Brotherhood Plaza Drive, in the Village of Washingtonville.

Contact: Nancy Comerford, Planning Board, 29 West Main Street, Washingtonville, NY 10992, phone: (845) 496-3221.


Putnam County - The Town Board of the Town of Philipstown, as lead agency, has determined that the proposed Comprehensive Plan will not have a significant adverse environmental impact. The action involves the Town Board of Philipstown proposing a Comprehensive Plan which was initially prepared by a Comprehensive Plan Special Board under the provisions of Section 272-a (4). The Comprehensive Plan reiterates, updates, and continues the policies and recommendations in the 1991 Philipstown Master Plan. It simplifies the document and makes it more user-friendly, updates background information, clarifies goals and policies, adds more detail to the implementation recommendations. The project is townwide.

Contact: William Mazzuca, Town of Philipstown, 238 Main Street, Cold Spring, NY 10516, phone: (845) 265-5200.


Ulster County - The New York State Department Of Environmental Conservation, as lead agency, has determined that the proposed five, 1-7-acre, prescribed, training burns on Mohonk Preserve and one 5-acre prescribed training burn at Sam’s Point Preserve in the North Shawangunks in Spring 2006 will not have a significant adverse environmental impact. The action involves six prescribed, training burns proposed for the Northern Shawangunks will not have a significant environmental impact. Each prescribed burn ranges in size between 1 and 7 acres. Five proposed burn units are located in former agricultural fields at Mohonk Preserve and one burn unit is part of a larger chestnut oak forest at Sam’s Point Preserve. The action is being implemented by experienced wildland firefighters from The Nature Conservancy and Mohonk Preserve on behalf of the Shawangunk Ridge Biodiversity Partnership. This action will provide: a) information regarding fire behavior and fire effects in the Northern Shawangunks and b) valuable wildland firefighter training to members of the Shawangunk Ridge Biodiversity Partnership and local volunteers. The project is located in the Village of Ellenville and the Towns of Wawarsing, Marbletown and Rosendale. The project is located in Ulster County in the Towns of Wawarsing, Marbletown and Rosendale and the Village of Ellenville.

Contact: William Rudge, NYSDEC Region 3, 21 South Putt Corners Road, New Paltz, NY 12561, phone: (845) 256-3092.


Positive Declaration

Rockland County - The Village of Sloatsburg Board of Trustees, as lead agency, has determined that the proposed Village of Sloatsburg Comprehensive Plan, Central Business District Study and Zoning Local Law Amendments may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves the proposed adoption of a villagewide comprehensive plan, a central business district study, and zoning local law amendments to effectuate the recommendations of the Plan and Study intended to guide development and conservation in the Village of Sloatsburg. The action would affect the Village of Sloatsburg, an incorporated community located in the Town of Ramapo, Rockland County, NY. The New York State Thruway, NYS Route 17, and the Ramapo River traverse the Village. Sloatsburg is located southwest of the portion of the Palisades Interstate Park system located in Rockland County, NY.

Contact: Carl S. Wright, Sloatsburg Village Board of Trustees, Sloatsburg Village Hall, 96 Orange Turnpike, Sloatsburg, NY 10974, phone: (845) 753-2727.


Positive Declaration

Project Number: 3-4828-00310/00001

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

The NYS Department of Environmental Conservation (DEC), as lead agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared.

Name of Action: Woodbourne Lawn & Garden Sand & Gravel Mine, Hartman Property; Mined Land Reclamation Permit

SEQR Status: Type I

Note: Public scoping will be conducted at a later date following the receipt of a draft scope of issues. The public scoping process will help to ensure that the required Draft Environmental Impact Statement focuses on relevant issues.

Description of Action: The applicant proposes to operate an 18 acre sand and gravel mine within a 51.8 acre parcel of land. An estimated 900,000± cubic yards of material would be removed over a period of approximately 10-15 years, depending on demand and operating conditions. The material would be processed on site with a portable dry screen with a capacity of less than 100 tons/hour. The immediate reclamation proposed is a 13 acre pond.

Location: Between NYS Route 42 and Neversink River, approximately 0.7 mile north of the intersection of NYS Routes 42 and 52, Town of Fallsburg, Sullivan County.

For Further Information:

Contact Person: Scott E. Sheeley
Address: NYS DEC, 21 South Putt Corners Rd, New Paltz NY 12561-1696
Telephone Number: (845) 256-3050


Positive Declaration And Public Scoping

DEC Project Numbers: 3-3926-00207/00003

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

The NYS Department of Environmental Conservation (DEC), as lead agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared.

Name of Action: United Water New York, Potake Pond - Public Water Supply Permit Modification

SEQR Status: Unlisted

Description of Action: The applicant, United Water-NY, proposes to increase the permitted drawdown of Potake pond from 7.0 feet below full pool (190 million gallons per year) to 11.0 feet below full pool (300 million gallons per year). The purpose of the currently permitted and proposed drawdowns of Potake pond is to augment the flow of the Ramapo River and support the use of United Water New York’s Ramapo Valley Wellfield during low flow conditions within the Ramapo River.

Location: Potake Pond, East side of Sterlington Road, approximately one mile southwest of the intersection with Mine Road (Co. Rte. 72), Town of Ramapo, Rockland County.

Scoping: Opportunity for public scoping is also being provided at this time. A draft scope is available for review at the DEC Region 3 office. Written comments on the enclosed scope will be accepted by the lead agency until April 17, 2006. All written comments should be submitted to the attention of the Contact Person identified below. This is the opportunity for any SEQR involved agency to provide written comments on the scope reflecting their concerns, jurisdictions and information needs sufficient to ensure that the EIS will be adequate to support their SEQR findings. Failure of an involved agency to participate in the scoping process will not delay the completion of the final written scope. The public scoping process will help to ensure that the required Draft Environmental Impact Statement focuses on relevant issues.

For Further Information:

Contact Person: Scott E. Sheeley, Deputy Regional Permit Administrator
Address: 21 South Putt Corners Rd, New Paltz NY 12561-1696
Telephone Number: (845) 256-3050


Notice Of Acceptance Of a Draft EIS And Public Hearing

Orange County - The Town of Wawayanda Planning Board, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Grandview Estates Subdivision. A public hearing on the Draft EIS will be held on Wednesday, 12 April 2006 at 7:30 p.m. at the Town of Wawayanda Town Hall, 80 Ridgebury Hill, Slate Hill, NY. Written comments on the DEIS will be requested and accepted by the contact person until 10 days after the close of the public hearing. Copies of the DEIS are available for public review at the Town Hall or the Goshen Library. The DEIS can be reviewed on line at the applicants consultants web site, www.TimMillerAssociates.com. The action involves the proposed construction of a 34 lot residential subdivision on an existing 101.95 +/- acre parcel located on the east side of Breeze Hill Road in the Town of Wawayanda, Orange County, New York. The project is located on the following tax lots, Section 24, Block 1, Lots 32.1, 32.2, 32.3, 53.12 and Section 26, Block 1, Lot 1.21. The project is proposed to be a cluster subdivision with 33 lots gaining access off a new subdivision road while an existing horse farm facility would be maintained on Lot 34. The project will be served by an onsite community water system and individual sanitary sewer disposal systems. The project is located in the AB Agricultural Business Zone and is a permitted use within that zone.

Contact: Ann Yates, Town of Wawayanda Planning Board, 80 Ridgebury Hill, Slate Hill, NY.


Notice Of Acceptance Of Final EIS And Public Hearing

Westchester County - The Town of Cortlandt Planning Board, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Furnace Dock Subdivision. A public hearing on the Final EIS will be held on Tuesday, April 4, 2006 at 8:00 p.m. at the Vincent F. Nyberg General Meeting Room, Cortlandt Town Hall, 1 Heady Street, Cortlandt Manor, New York. Written comments on the FEIS are requested and will be accepted by the contact person until April 14, 2006 (unless extended by the Planning Board). The project involves an application (PB 9-99) submitted by Furnace Dock Inc. for Preliminary Plat Approval pursuant to Sections 276 and 277 of the New York State Town Law and pursuant to Chapter 265 (Subdivision of Land) of the Town of Cortlandt Code. This application is also for Permits pursuant to Chapter 179 (Freshwater Wetlands), Chapter 259 (Steep Slopes) and Chapter 283 (Trees) of the Town of Cortlandt Code. The subject application (and the FEIS as submitted)is for a proposed 18 lot conventional subdivision with proposed roads, utilities and other related site improvements on 42.43 acres as shown on a drawing entitled “Grading Plan, 18 Lot Layout” prepared by Ralph G. Mastromonaco, PE, latest revision dated September 28, 2005, or in the alternative a 17 lot loop road alternative as shown on a drawing entitled “17 Lot Loop Road Alternate” prepared by Ralph G. Mastromonaco, PE, latest revision dated March 15, 2006. The subject property of 42.43 acres is located on the north side of Furnace Dock Road, 1,500 feet east of Albany Post Road and is designated on the Town of Cortlandt Tax Maps as Section 55.19, Block 1, Lot 1.

Contact: Kenneth Verschoor, Town of Cortlandt Planning Board, Planning Division, Department of Technical Services, Cortlandt Town Hall, 1 Heady Street, Cortlandt Manor, New York 10567, phone: (914) 734-1080.


Notice Of Acceptance Of Final EIS

Orange County - The Town of Wallkill Planning Board, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Golden Triangle. The action involves applications for Subdivision approval to develop a mixed use development on approximately 93 acres of undeveloped land, in accordance with existing zoning, and Site Plan and Special Use Permit approvals to develop 90 town-home residences on approximately 19 acres as Phase 1. Future phase(s) would potentially include a variety of commercial uses consisting of retail, office, hotel, restaurant and other related uses on the remaining 74 acres of land. Appurtenant parking, infrastructure (municipal water and sewer), stormwater management facilities, wetland mitigation and landscaping would be incorporated into plans for each phase. The project is located south of Silver Lake-Scotchtown Road, west of NYS Route 17, and north of NYS Route 211, in the Town of Wallkill, Orange County, New York; designated as Town of Wallkill Tax Map Nos. 40-1-16; 40-1-35; 41-1-45; and 50-1-62.

Contact: MaryLynn Hunt, Town of Wallkill Planning Board, P.O. Box 398, 600 Route 211 East, Middletown, NY 10940, phone: (845) 692-7814.