ENB - REGION 3 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Pursuant to Title 3, Article 49 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives public notice of the following:

Notice is hereby given, pursuant to Section 49-0305(9) of the Environmental Conservation Law, of the Department's intent to acquire a Conservation Easement from the Town of Somers and County of Westchester, over certain lands located in the Town of Somers, Westchester County, New York.

For further Information contact:

John P. Keating, Superintendent
Bureau of Real Property
NYS Dept. of Environmental Conservation
625 Broadway, 5th Floor
Albany, New York 12233-4256
(518) 402-9442


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 Village of Red Hook Planning Board, as lead agency, has determined that the proposed Anderson Commons will not have a significant adverse environmental impact. The action involves a cluster subdivision of 56.3 acre property at the intersection of Fisk Street and Baxter Road in the Village and Town of Red Hook into 51 lots.

Contact: James W. Trapp, Village of Red Hook Planning Board, 7467 South Boardway, Red Hook, NY 12571, phone: (845) 758-1081.


Orange and Rockland Counties - The NYS Office of Parks, Recreation and Historic Preservation (OPRHP) and the Palisades Interstate Park Commission (PIPC), as lead agency, has determined that the proposed Restoration and Realignment of the Appalachian Trail on Bear Mountain will not have a significant adverse environmental impact. OPRHP and PIPC have worked together with the New York – New Jersey Trail Conference (NY-NJTC), the Appalachian Trail Conservancy (ATC), and the National Park Service Appalachian Trail Park Office (NPS) to develop a trail plan for the restoration and realignment of the Appalachian Trail on Bear Mountain within Bear Mountain State Park. The action involves development and implementation of this trail plan which includes: (1) the realignment, construction and/or reconstruction of the Appalachian Trail [AT] from the base near the Bear Mountain Inn/Hessian Lake west to the summit and then southwest into Harriman State, (2) the construction of link trails totaling about ľ mile which will create numerous easier loop opportunities from both the summit and from the base, and (3) the creation of two accessible trails one on the summit plateau and the other on a closed section of the Perkins Scenic Drive. The other two major trails on Bear Mountain, the Major Welch and the Suffern-Bear Mountain Trails, will remain basically unchanged in location, although repairs and upgrades will be made to minimize resource damage.

Two accessible parking lots will also be built at either end of the closed segment of the Perkins Scenic Drive, which will support this section of accessible trail. In addition to the trail work, informative and interpretive signage is planned which will supplement the new trails. This project will be implemented through an agreement among PIPC, OPRHP, NPS, NY/NJTC and ATC. PIPC/OPRHP will be responsible for approving the design and construction elements, information and interpretive signage, the environmental review process and providing heavy equipment support. Most trail work will be completed by volunteers through the NYNJTC. Detailed information on the project, impacts and mitigation can be found in the “Environmental Assessment on the Restoration and Realignment of the Appalachian Trail on Bear Mountain” prepared by OPRHP’s Environmental Management Bureau. The project is located in Bear Mountain State Park, Town of Highland (Orange County) and Town of Stony Point (Rockland County), New York.

Contact: Thomas B. Lyons, NYS OPRHP, Agency Building 1, Empire State Plaza, Albany, NY 12238, phone: (518) 474-0409, fax: (518) 474-7013, e-mail: Thomas.Lyons@oprhp.state.ny.us.


Orange County - The Planning Board of the Town of Goshen, as lead agency, has determined that the proposed Persoon Subdivision will not have a significant adverse environmental impact. The action involves a 27 lot subdivision of 128.1 acres tract with the 26 proposed lots to be included on the portion of the property located on the south side of Maple Avenue in the RU zoning district. The project is located in the Town of Goshen on either side of Maple Avenue, southeast of Houston Road, designated on the Town of Goshen Tax Map as Section 17, Block 1, Lots 4 and 36.

Contact: Ralph Huddleston, Town of Goshen Planning Board, 41 Webster Avenue, PO Box 217, Goshen, NY 10924.


Ulster County - The Town of Shandaken, as lead agency, has determined that the proposed Pine Hill Water District – Construction of New/Supplemental Finished Water Reservoir will not have a significant adverse environmental impact. The action involves construction of a new at-grade finished water reservoir adjacent to existing Bonnie View Reservoir. The proposed reservoir (approx. 56,000 gallons) will supplement the existing reservoir (approx. 30,000 gallons) to provide a minimum of one-day’s average daily flow (volume) and to provide additional fire-fighting capabilities.

Contact: Robert G. Cross Jr., 7209 RT. 28, P.O. Box 134, Shandaken, NY 12480, phone: (845) 688-7165/7169, fax: (845) 688-2041, e-mail: ShandakenSupervisor@yahoo.com.


Positive Declaration And Public Scoping

Rockland County - The Town of Ramapo Planning Board, as lead agency, has determined that the proposed redevelopment of former drive in property 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 April 4, 2006 at 7:30 pm, in the Town of Ramapo, Town Hall, 237 Route 59, Suffern, NY. The applicant, National Realty and Development Corporation is proposing construction of a Wal-Mart Super Center and Wal-Mart Gas Station on the site of the old drive in theater on Route 59. The project is located on the south-side of Route 59 approximately 500 feet east of the intersection of Robert Pitt Drive in the Town of Ramapo, just west of the border shared with Spring Valley.

Contact: Richard H. Ackerson, Town of Ramapo, Town Hall, 237 Route 59, Suffern, New York 10901, phone: (845) 357-5100.


Notice Of Acceptance Of Draft EIS And Public Hearing

Westchester County - The City Council of the City of Mount Vernon, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed The Alexander. A public hearing on the Draft EIS will be held on April 11, 2006 at 6:00 p.m. at the Mount Vernon City Hall, One Roosevelt Square, Mount Vernon, NY. Public comment period ends April 21, 2006. Copies of the DEIS are available for public review at the Office of the Clerk of the City of Mount Vernon and the Mount Vernon Public Library, located at 28 South 1st Avenue, Mount Vernon, NY. The DEIS may also be viewed online by going to the City of Mount Vernon's homepage, which is http://www.ci.mount-vernon.ny.us. The DEIS can be found at the City Clerk's page. The action involves a mixed use development, consisting of a nineteen (19) story high rise with 199 condominium units and 9,010 square feet of ground floor retail space. 257 off-street parking spaces will be provided in a two-level, below grade parking structure. The project is located at 120 East Sandford Boulevard, Mount Vernon, NY.

Contact: Lisa Copeland, City Council of the City of Mount Vernon, One Roosevelt Square, Mount Vernon, NY 10550, phone: (914) 665-2351, e-mail:lcopeland@cmv.ny.com.


Notice Of Acceptance Of Draft EIS

Westchester County - The Village of Mamaroneck Board of Trustees, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Sheldrake River Estates. Comments on the Draft EIS are requested and will be accepted by the contact person until April 20, 2006. The action involves the rezoning of a 2.31 acre property from M-1 to RM-3 zoning in the Village of Mamaroneck, NY. The rezoning action will allow a proposed residential development consisting of 114 townhome units in three buildings and two smaller buildings. Parking will be provided in spaces surrounding the buildings, as well as under the buildings at the street level. The project is located at 270 Waverly Avenue, Mamaroneck, NY.

Contact: Agostino A. Fusco, Village of Mamaroneck, 123 Mamaroneck Avenue, NY 10543, phone: (914) 777-7722.