ENB - REGION 3 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice Of Public Hearing

Rockland County - A Public Hearing will be held by the Board of Trustees of the Village of Piermont on May 23, 2006 at 8:15 p.m. at the Village Hall, 478 Piermont Avenue, Piermont, NY to consider the following local law.

To amend the Code of the Village of Piermont to add a new provision, entitled "Historic Preservation Ordinance". A full copy of the text of the proposed local law amending the Code of the Village of Piermont may be reviewed at the office of the Clerk of the Village of Piermont, 478 Piermont Avenue, Piermont, NY during regular business hours. The Piermont Village Clerk, Denise Ehrhart, may provide additional information on the action, and may be reached at (845) 359-1258.


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. . 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), http://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

Orange County - The Orange County Legislature, as lead agency, has determined that the proposed Orange County Emergency Services Center will not have a significant adverse environmental impact. The action involves a newly constructed approximately 88,500 square foot 3 story building and 195 foot antenna tower adjacent to the Orange County Correction Facility property at 22 Wells Farm Road in the Town of Goshen.

Contact: David Darwin, Orange County Legislature, 255-275 Main Street, Goshen, NY 10924, phone: (845) 291-3150.


Orange County - The Town of Goshen Planning Board, as lead agency, has determined that the proposed Fordham Special Use Permit and Site Plan Approval will not have a significant adverse environmental impact. The action involves a Special Use permit and site plan approval to allow a single family residential home to convert to a religious retreat use. Maximum number of occupants at any one time shall be 20 as specified in the resolution of approval. No exterior modifications will occur to the home as a result of this approval. The project is located at 3 Wood Road in the RU zone with an AQ6 overlay. Property is also known by the number 5-1-58 on the Town of Goshen Tax Maps.

Contact: Neal Halloran, Town of Goshen, 41 Webster Avenue, Goshen, NY 10924, phone: (845) 294-6430.


Westchester County - The City of Rye, as lead agency, has determined that the proposed Colahan Subdivision will not have a significant adverse environmental impact. The action involves a subdivision of a 30,000 square foot property into two building lots. The project is located at 556 Forest Avenue, Rye, NY.

Contact: Christian K. Miller, City of Rye Planning, 1051 Boston Post Road, Rye, New York 10580, phone: (914) 967-7167, fax: (914) 967-4641.


Westchester County - The Board of Education, Harrison Central School District, as lead agency, has determined that the proposed Maintenance Building at Harrison High School, will not have a significant adverse environmental impact. The action involves construction of a 4000-square foot maintenance building and office space for the Harrison Central School District. Project will provide new space for maintenance equipment currently stored at the Louis M. Klein Middle School and Harrison Avenue School. Moving maintenance equipment from existing storage areas to this building improves safety in accordance with recommendations of the Fire Marshal. Storage areas in the schools will be converted to educational use. The new building will be constructed in a substantially cleared area, with minimal required grading for the foundation. Access will be derived from an existing driveway, which will be improved to accommodate the needs of the maintenance department vehicles stored at the site. The State of New York Building Code, Section 311 classifies this use as a Group S-1 occupancy (moderate-hazard storage). All storage of gas powered engines and small amounts of flammable liquids (such as small amounts of gas in approved containers, cleaners, etc.), will be stored in accordance with applicable state and federal regulations. Driveway will be asphalt and Building will be sheathed in masonry and metal. The project is located on West Street, approximately 920 feet north of the intersection of Pleasant Ridge and West Street.

Contact: Edward R. Kear, Facilities and Operations, Harrison Central School District, 50 Union Avenue, Harrison, New York 10528, phone: (914) 777-5702.


Positive Declaration And Public Scoping

Sullivan County - The New York State Department Of Environmental Conservation, as lead agency, has determined that the proposed Kelly Bridge Road and Lake Marie Road Subdivisions may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. 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 28, 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. The action involves the construction of two residential subdivisions adjacent to Swan Lake. The first subdivision is known as Kelly Bridge Road Subdivision and involves the subdivision of a 114± acre parcel into 21 lots. The second subdivision is known as the Lake Marie Road subdivision and involves the subdivision of a 121± acre parcel of land into 20 lots. One lot in each subdivision would be designated as a common use lot for lake access by the subdivision residents and their guests. Each subdivision would be served by individual wells and septic systems. The Kelly Bridge Road Subdivision project site is located on the northwest side of Kelly Bridge Road approximately 1,000 feet north of Kelly Bridge. The Lake Marie Road Subdivision site is located on the south side of Lake Marie Road approximately 0.6 mile southeast of the intersection with Townsend Road.

Contact: Scott E. Sheeley, New York State Department Of Environmental Conservation, 21 South Putt Corners Rd, New Paltz NY 12561-1696, phone: (845) 256-3050.


Orange County - The Town of Newburgh Planning Board, as lead agency, has determined that the proposed Driscoll Subdivision 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 May 4, 2006 at 7:00 p.m. at the Town of Newburgh Town Hall Meeting Room, Route 300, Newburgh, NY. The action involves a proposed 107 lot, single family subdivision on approximately 72 acres. There are currently two existing homes within the project site which will remain and are included in the 107 lot count. The proposed single family houses will be 4 bedroom Colonials with 2 car garages and roughly have 2,400 sf footprints on a minimum of 12,500 sf lots. All homes will be served by municipal water and sewer. Approximately 8.6 acres of the site are wetlands and Quassick Creek runs along the eastern edge of the site. The project is located on NYS Route 300.

Contact: Norma Jacobsen, Town of Newburgh Planning Board, 308 Gardnertown Rd., Newburgh, NY 12550, phone: (845) 564-7804.


Notice Of Acceptance Of Draft EIS And Public Hearing

Rockland County - The Town of Clarkstown Planning Board, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Kury Homes Subdivision. A public hearing on the Draft EIS will be held on May 10, 2006 at 7:30 p.m. at the Clarkstown Town Hall, 10 Maple Avenue, New City , 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 Nyack Public Library. The DEIS can be reviewed online at the applicant's consultant website, www.timmillerassociates.com or at the Town of Clarkstown web site, www.town.clarkstown.ny.us/html/planning.html. The action by the applicant, Kury Homes, Inc., proposes to subdivide and develop approximately 10.3 acres of vacant land into 12 building lots accessed by two roads both ending in cul-de-sacs. The roads would be designed in accordance with Town specifications and offered for dedication to the Town of Clarkstown. The project site is zoned R-22 and would meet the minimum lot size of 22,500 square feet after subtracting from the minimum lot area environmental constraints as per the requirements of Section 290-21.D. of the zoning law. The subdivision conforms to the bulk requirements of the zoning law for the R-22 district. The project site is located in the unincorporated area of the Town of Clarkstown, Rockland County, New York. The site is identified on the Town of Clarkstown tax maps as Section 59.20, Block 1, Lots 3, 4, and 5, and is approximately 10.3 acres in size. The project site is approximately one-half mile north of Interchange 11 of the New York State Thruway. A single access to the site will be provided from Mountainview Road. The easterly property line of the project site is approximately 600 feet west of the Town's boundary with the Village of Upper Nyack.

Contact: Shirley Thormann, Clarkstown Town Hall, 10 Maple Avenue, New City , NY 10956, phone: (845) 639-2111, fax: (845) 639-2071.