ENB - REGION 3 NOTICES

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Notice Of Emergency Adoption 6 NYCRR Part 40

Pursuant to the Environmental Conservation Law, Sections 11-0303, 13-0105, 13-0340-b, 13-0340-e, and 13-0340-g. The Department of Environmental Conservation hereby gives notice of the following:

Notice of Emergency Adoption of Part 40 of Title 6 NYCRR relating to marine fish. This notice will be published in issue 32 of the State Register, dated 8/9/2006.

For further information contact:
Stephen W. Heins
NYSDEC
205 N. Belle Mead Rd, Suite 1
E. Setauket, NY 11733-3400
Telephone: 631-444-0435
E-mail: swheins@gw.dec.state.ny.us


Notice of Public Comment Period

Proposed Surface Restrictions Variance

PROJECT DESCRIPTION AND LOCATION: THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION ("NYCDEP" or "Applicant") has applied for a well permit and a variance to the surface restrictions requirements set forth in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), Section 553.2, to drill the KCT B-23 (API 31-119-23697-00-00) stratigraphic well in the Town of Greenburgh, Westchester County, New York. The Applicant proposes to drill the well for stratigraphic information, but needs a variance from the surface restrictions provisions set forth under 6 NYCRR §553.2.

The Department of Environmental Conservation ("Department") and the NYCDEP have agreed to a Stipulation dated July 31, 2006, regarding the granting of surface restrictions variances. This Stipulation is binding on the Applicant and its successors and assigns. In view of the executed Stipulation and the Applicant's current NYSDOT Highway Work Permit, the Department supports the granting of the requested variance and issuance of the well drilling permit.

PUBLIC COMMENT PERIOD: All persons, organizations, corporations or government agencies which may be affected by the proposed Project are invited to submit written comments on the Applicant's proposal. The public comment period will remain open until SATURDAY, AUGUST 19, 2006. Written comments should be submitted to: JOHN K. DAHL, DIRECTOR, BUREAU OF OIL AND GAS REGULATION, DIVISION OF MINERAL RESOURCES, 3rd FLOOR, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, 625 BROADWAY, ALBANY, NEW YORK 12233-6500 (telephone 518-402-8056; fax 518-402-8060).

If no substantive and significant issues are identified regarding the proposed Project at the end of the comment period, the Department will issue a permit to drill the KCT B-23 well at the proposed location subject to site-specific conditions as warranted.

DOCUMENT AVAILABILITY: All filed documents (including the permit application, the variance request, and the executed Stipulation) are available for inspection during normal business hours at the Department's Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, New York 12233-6500 (518-402-8056), Contact: Ted Loukides; or at the Department's Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, New York 12561-1696 (845-256-3027), Contact: Mark Davin.

STATUTORY AND REGULATORY PROVISIONS: The application was filed and is being processed pursuant to ECL Article 3, Title 3 (Department of Environmental Conservation, General Functions, Powers, Duties and Jurisdiction); Article 8 (Environmental Quality Review); Article 23 (Mineral Resources); 6 NYCRR Part 550 et seq. (Mineral Resources); and Part 617 (State Environmental Quality Review).


Notice of Public Comment Period

Proposed Surface Restrictions Variance

PROJECT DESCRIPTION AND LOCATION: THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION ("NYCDEP" or "Applicant") has applied for a well permit and a variance to the surface restrictions requirements set forth in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), Section 553.2, to drill the KCT B-13 (API 31-119-23695-00-00) stratigraphic well in the Town of Mount Vernon, Westchester County, New York. The Applicant proposes to drill the well for stratigraphic information, but needs a variance from the surface restrictions provisions set forth under 6 NYCRR §553.2.

The Department of Environmental Conservation ("Department") and the NYCDEP have agreed to a Stipulation dated July 31, 2006, regarding the granting of surface restrictions variances. This Stipulation is binding on the Applicant and its successors and assigns. In view of the executed Stipulation and the Applicant's current NYSDOT Highway Work Permit, the Department supports the granting of the requested variance and issuance of the well drilling permit.

PUBLIC COMMENT PERIOD: All persons, organizations, corporations or government agencies which may be affected by the proposed Project are invited to submit written comments on the Applicant's proposal. The public comment period will remain open until SATURDAY, AUGUST 19, 2006. Written comments should be submitted to: JOHN K. DAHL, DIRECTOR, BUREAU OF OIL AND GAS REGULATION, DIVISION OF MINERAL RESOURCES, 3rd FLOOR, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, 625 BROADWAY, ALBANY, NEW YORK 12233-6500 (telephone 518-402-8056; fax 518-402-8060).

If no substantive and significant issues are identified regarding the proposed Project at the end of the comment period, the Department will issue a permit to drill the KCT B-13 well at the proposed location subject to site-specific conditions as warranted.

DOCUMENT AVAILABILITY: All filed documents (including the permit application, the variance request, and the executed Stipulation) are available for inspection during normal business hours at the Department's Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, New York 12233-6500 (518-402-8056), Contact: Ted Loukides; or at the Department's Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, New York 12561-1696 (845-256-3027), Contact: Mark Davin.

STATUTORY AND REGULATORY PROVISIONS: The application was filed and is being processed pursuant to ECL Article 3, Title 3 (Department of Environmental Conservation, General Functions, Powers, Duties and Jurisdiction); Article 8 (Environmental Quality Review); Article 23 (Mineral Resources); 6 NYCRR Part 550 et seq. (Mineral Resources); and Part 617 (State Environmental Quality Review).


Brownfield Cleanup Program

Site Name: The Harbor Square Site
Site Address: Westerly Road
Ossining, New York 10562
County: Westchester
Site No.: C360091
Requestor: Harbor Square, LLC

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by September 8, 2006 to:

New York State Department of Environmental Conservation
Division of Environmental Remediation - Region 3 Office
21 South Putt Corners Road
New Paltz, New York 12561
Attention: Janet Brown

Repository address:

Ossining Public Library
53 Croton Avenue
Ossining, New York 10562
(914) 941-2416


Positive Declaration

Orange County - The Town of Warwick Planning Board, as lead agency, has determined that the proposed Warwick Views Subdivision may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves a 53-lot cluster subdivision of a ± 250-acre parcel. The applicant has proposed that all 53 lots, proposed for 53 new single-family dwellings, be served by individual wells and individual septic disposal systems. Four of the proposed 53 lots would be designated for affordable housing under the Town of Warwick’s affordable housing program. Approximately 7,050 feet of new roads are proposed along with a roadway interconnection to an adjoining parcel that is currently subject to Subdivision review by the Town of Warwick Planning Board (Luft Subdivision for 24 lots) and Realty Subdivision review by the Orange County Department of Health. The project is located on Bloom Corners Road.

Contact: Connie Sardo, Town of Warwick Planning Board, 132 Kings Highway, Warwick, NY 10990, phone: (845) 986-1127, fax: (845) 987-9644, e-mail: towplanning@yahoo.com.


Westchester County - The Town of Yorktown, Town Board, as lead agency, has determined that the proposed Hog Hill Associates, LLC may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. Public Scoping date to be announced. The action involves rezoning of a 93.5 acre parcel of land along the southern border of the Town of Yorktown with the Town of New Castle (identified from the Assessment Map for the Town of Yorktown as Section 70.15 Block, 1 Lots 2 and 3 and Section 70.16 Block 1, Lot 6 from R1-80 to RSP-2 to allow for an over 55 active adult community proposed at 195 units. The site is bounded by Route 100, Dell Avenue and Hog HIll Road, Town of Yorktown, Westchester County

Contact: Alice Roker, Town of Yorktown, Town Hall, 363 Underhill Avenue, Yorktown Heights, NY 10598, phone: (914) 962-5722, fax: (914) 962-1756.


Positive Declaration And Public Scoping

Sullivan County - The Fallsburg Town Board, as lead agency, has determined that the proposed preparation and adoption of 2006 Comprehensive Plan for Town of Fallsburg 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 August 22, 2007 at 7:00 p.m. at the Town Hall, 19 Railroad Plaza, South Fallsburg, New York. Public comment period ends September 8, 2006. The action involves creation of new Comprehensive Plan for the Town of Fallsburg, New York which includes recommendations for revisions to its land use policies.

Contact: Steve Levine, Town of Fallsburg, 19 Railroad Plaza, Fallsburg, New York 12779, phone: (845)434-8812, fax: (845) 434-8835, e-mail: steve.townsupervisor@fallsburgny.com.


Notice Of Acceptance Of Draft EIS

Dutchess County - The Town Board of the Town of Hyde Park, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Route 9 Sewer District. Public comments will be accepted until September 11, 2006. The action involves the Town of Hyde Park proposing to form a sewer district for the central business district by extending the service area of the proposed St. Andrew project wastewater treatment plant along State Route 9 to Sherwood Place to the north. The DEIS Addendum assesses the creation of the Route 9 sewer district for the St. Andrews property development, the expanded Route 9 collection area, the BBL property at Route 9 and St. Andrews Road, and the inclusion at their option of the CIA property Along Route 9. The project is located from West Dorsey Lane at the southern end to Sherwood Place at the northern end along both sides of NYS Route 9 in the Town of Hyde Park.

Contact: Carole Clearwater, Town of Hyde Park, Town Hall, 4383 Albany Post Road, Hyde Park, NY 12538, phone: (845) 229-5111.


Notice Of Acceptance Of Draft EIS And Public Hearing

Westchester County - The Common Council – City of Peekskill, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Waterfront Community Redevelopment Plan. A public hearing on the Draft EIS will be held on August 23, 2006 at 7:30 p.m. at the Council Chambers, City Hall, 840 Main Street, Peekskill, NY. Public comments will be accepted by the contact person until September 5, 2006. The action involves a Community Redevelopment Plan (CRP) to revitalize and redevelop underutilized parcels adjacent to waterfront public parkland and open space. This CRP is based on the City's Waterfront Redevelopment Plan (the Sasaki Plan) prepared by Sasaki Associates in 1990, and the City's Local Waterfront Revitalization Program (LWRP) adopted in 2004. The plan is intended to guide and facilitate the redevelopment of property to the east of the Metro-North railroad tracks, according to the vision that has been developed by the City over the past fifteen years.

The plan is generally designed to facilitate a reorientation of the project area from an underutilized area of a heavily industrial character to a neighborhood of water-enhanced uses. It proposes redevelopment and rehabilitation to create a transit oriented, mixed-use neighborhood with residential, commercial and public uses, and enhanced public waterfront access. Redevelopment in the project area would be governed by the existing WF-2 waterfront zoning regulations, but would include a maximum development cap of 500 dwelling units, a commercial component, and a minimum of 500 parking spaces in a structured parking facility(ies) in proximity to the Metro-North railroad station. The project location is community redevelopment area generally bounded by Metro-North Railroad, terminus of N. Water Street, Route 9 and Requa Street, with an extension along Central Avenue to the intersection of Washington Street, plus relocation sites on Lower South Street.

Contact: Brian Havranek, Dept. of Planning and Development, City Hall, 840 Main Street, Peekskill, NY 10566, phone: (914) 734-4210, fax: (914) 734-2770.


Notice Of Acceptance Of Draft Generic EIS And Public Hearing

Sullivan County - The Town Board of the Town of Thompson, as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Concord Resort. A public hearing on the Draft Generic EIS will be held on August 23, 2006 at 5:00 p.m. at the Town of Thompson Town Hall, 4052 State Route 42, Monticello, New York. Comments will be accepted until September 5, 2006. The action involves the applicant and project sponsor, Concord Associates, LP petitioning the Town Board to adopt a new Planned Resort Development zoning district for its holdings of 1,735 acres. The PRD zoning would allow a planned development similar to existing Planned Use Development districts within the Town, but would allow the construction of additional non-residential developments such as hotels, theater, mixed-uses and a convention center. The PRD would also allow approximately 400 additional units beyond that allowed under a PUD by allowing the existing on-site golf courses to be calculated as common open space.

The action also includes a Comprehensive Development Plan, an element required under the proposed PRD district, that will guide future development of the PRD district by providing a prescribed mix of uses, bulk requirements, and design guidelines.

The proposed project site is located on approximately 1,735 acres within the Town of Thompson, Sullivan County, New York. The site is bordered on the north by Sullivan County Route 109, on the south by New York State Route 17, on the east by County Road 161 and Downs Road and on the west by New York State Route 42.

Contact: Anthony Cellini, Town of Thompson, Town Hall, 4052 State Route 42, Monticello, NY 12701, phone: (845) 794-2400, fax: (845) 794-8600.


Notice Of Acceptance Of Final EIS And Public Hearing

Westchester County - The Village of Rye Brook Board of Trustees, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Bowman Avenue Development Application. A public hearing will be held on September 12, 2006, at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, NY. The action involves the construction of four (4) buildings, one of which will contain a restaurant and three of which will contain residential dwelling units, parking facilities, lighting, landscaping and related site development. Alternative development reviewed in the EIS includes ten residential units without a restaurant, a restaurant without residential units, modified retail/restaurant development and office/restaurant development. The project is located on Bowman Avenue, west of South Ridge Street, Village of Rye Brook, Westchester County, NY.

Contact: Chris Bradbury, Village of Rye Brook, Village Hall, 938 King Street, Rye Brook, NY 10573, phone: (914) 939-1121, fax: (914) 939-0242.