ENB - REGION 1 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.


Notice of Complete Application

Applicant: Courtyards at Southampton
Majors Path Associates
300 Vanderbilt Motor Parkway
Suite 200
Hauppauge, New York 11788

Office: SCDHS
360 Yaphank Avenue-Suite 2C
Yaphank, NY 11980
(631) 852-5700

Contact: Walter Hilbert, P.E.

SEQR: Project is a type I action and will not have a significant effect on the environment. A Negative Declaration is on file. No coordinated review was performed.

SHPA: Cultural resource lists and maps have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Last Filing Date: 5/1/06

Project Location: Southampton

Project Description: The department has made a tentative determination to issue a SPDES permit for the discharge of 15,000 gallons per day of treated sanitary waste to the groundwater located at Majors Path and Balcomie Lane, New York. The proposed discharge is located with an area designated as a sole source aquifer. The following public water purveyors have been identified as having service areas located within a three mile radius of the applicant’s facility: 1) Suffolk County Water Authority. SPDES NY-0254941

Permit: SPDES

Permit ID: NY-0254941


Negative Declaration

Suffolk County - The New York State Department of Transportation, as lead agency, has determined that the proposed PIN 0042.28 Bridge Improvement Project, Route 25 over LIRR, Town of Southold, Suffolk County, NY will not have a significant adverse environmental impact. The project will construct a new bridge carrying Route 25 over the LIRR alongside the existing bridge on the west side to replace the existing deteriorating bridge. The approach roadway will be re-aligned to meet the new bridge location. The project will begin at Albacore Drive and extend eastbound to Pipes Neck Road for a total project length of approximately 0.7± miles, all in the Town of Southold, Suffolk County. Project benefits include a new bridge designed to current standards with full width shoulders to accommodate bicyclists and pedestrians, improved sight distance, standard roadway curvature with proper superelevation, and an increased clear zone.

Contact: Ron Kudla, New York State Department of Transportation, State Office Building, 250 Veterans Highway, Hauppauge, NY 11788, phone: (631) 952-6853, fax: (631) 952-7055, e-mail: rkudla@dot.state.ny.us.


Suffolk County - The Incorporated Village of Port Jefferson Planning Board, as lead agency, has determined that the proposed Village Vistas will not have a significant adverse environmental impact. The action involves the development of a site with an attached multi-family housing community consisting of 43 attached residences and associated amenities on an 18.45 acre property. The project would situate twenty one 2-unit buildings and one single unit building on the property. A separate clubhouse with activity rooms and a pool would be provided. The project is located on 18.45 acres in the Single-Family Residence R-B2 District located on the east side of Liberty Avenue in the Incorporated Village of Port Jefferson, NY.

Contact: James Burke, Planning Board Village of Port Jefferson, 70 North Country Road, Port Jefferson, NY 11777, phone: (631) 473-4744.


Public Scoping

County: Suffolk

Lead Agency: Planning Board of the Incorporated Village of Lloyd Harbor

Project Title: Application for Preliminary Subdivision Approval “Map of Riele Woods”

Contact Person: John Ritter, Jr., Esq.

Address: Humes & Wagner, LLP
(Village Attorneys)
147 Forest Avenue
P.O. Box 546
Locust Valley, New York 11560
Telephone No.: (516) 676-4600

Project Location: North Side of Watch Way, West Side of Spring Bay Lane Incorporated Village of Lloyd Harbor (Suffolk County Tax Map Nos. District 0403 - Section 05 - Block 02 - Lots 5.9, 22.1, 25 and 27)

Brief Project Description: The proposed action involves a proposed subdivision of an approximately 33.92-acre property into seven residential lots. Access to the subdivision is proposed from Spring Bay Lane and Watch Way. The subdivision is proposed to be served by on-site sanitary systems and public water.

Scoping Meeting: The lead agency intends to conduct a formal scoping process pursuant to 6NYCRR §617.8. A public scoping meeting will be held on April 19, 2006 at 7:30 p.m. at Lloyd Harbor Village Hall, 32 Middle Hollow Road, Huntington, New York. The applicant has submitted a Draft Scope, and copies thereof are available at Village Hall.


Notice Of Acceptance Of Final Generic EIS

Suffolk County - The Town of Brookhaven Town Board, as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed 2005 Middle Country Road Corridor Land Use Plan. The action involves the adoption of the Land Use Plan and rezonings on the Town Board’s Own Motion. The project is located in the Town of Brookhaven, One Independence Hill, Farmingville, NY.

Contact: Diane M. Mazarakis, One Independence Hill, Farmingville, NY 11738, phone: (631) 451-6400, fax: (631) 451-6419, E-mail: dmazarakis@brookhaven.org.