ENB - REGION 5 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Availability for Comment on a Draft Impaired Waters Restoration Plan/TMDL for Acid Rain Lakes

This notice announces the availability of a DRAFT Impaired Water Restoration Plan/Total Maximum Daily Load (TMDL) proposed by the New York State Department of Environmental Conservation for Acid Rain Lakes in the NYS Adirondack Forest Preserve. Public comment on this documents will be accepted for 30 days, through September 15, 2006.

BACKGROUND: States are required by Section 303(d) of the Clean Water Act and USEPA implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed Impaired Water Restoration Plan/TMDL for these acid rain lakes outlines a "phased" TMDL. Phased TMDLs represent an iterative adaptive management approach. Such an approach is appropriate in situations where the complexity of establishing allowable pollutant loadings creates significant uncertainty and the likelihood that TMDL loadings will be revised as additional information is collected.

INFORMATION: Copies of the proposed draft plans can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179, or via email at dmwicker@gw.dec.state.ny.us. Please specify that you are interested in reviewing/commenting on the Acid Rain Lakes TMDL document. Comments on these draft plans can be submitted to the Bureau of Watershed Assessment and Management, ATTN: Jeff Myers, at the above address.


Adirondack Park Agency Completed Applications

Applicant: Richard Terry Blank
99 Gutzon Borglum Rd.Richard Terry Blank
Stamford, CT 06903

Office: Adirondack Park Agency
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891–4050

Contact: Edward Snizek

Project Number: 2006-187

Project Title: Town of North Elba

Location: River Road, Town of North Elba

Comment Period Ends: August 24, 2006

Project Description: The action involves the construction of a pond in a designated recreational rivers area, the West Branch of the AuSable River.


Applicant: Tricia Crofut
c/o George J. Villiere, Esq.,
PO Box 1145
Old Forge, NY 13420

Office: Adirondack Park Agency
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891–4050

Contact: Suzanne B. McSherry

Project Number: 2006-107

Project Title: Tricia Crofut

Location: NYS Route 28, Town of Webb, Herkimer County

Comment Period Ends: August 31, 2006

Project Description: The action involves a new commercial use; horse riding stables, and an after-the-fact commercial use; raft guiding business. The horse stables be will operated under the name of "Flat Rock Mountain Ranch" by the Crofuts who live on the property. The 16ħ acre project site is developed by a pre-existing 1,550 ħ square foot commercial use structure, a pre-existing three-bedroom single family dwelling and a 2,400ħ square foot barn constructed in the 1990's. No new buildings or alteration of the existing buildings is proposed. A seasonal rafting guide business was established in the commercial structure in approximately 1987 without the requisite Agency approval. An existing, non-compliant 2-sided wooden sign located more than 20 feet from the highway will be reduced in size to 60 square feet and will contain advertising for the horse riding stables and the rafting guide business. A 2ħ acre area south of the barn will be fenced in for use as a horse corral. Trail rides will occur on the adjoining lands owned by Northeastern Logger Association, which is under easement by the State of New York. This use is in conformance with the easement agreement and has been approved by the NYS Department of Environmental Conservation and the landowner. A permanent stream flows through the property and was dammed on-site to form a small pond many years ago. Wetlands are associated with the stream and the pond. The single family dwelling is served by an individual well water supply and on-site wastewater treatment system. The seepage pit OSWTS is located within 100 feet of the stream and pond and the household well water supply, but no evidence of failure has been observed. A replacement area for a future replacement system has been located greater than 100 feet from all water resources. Bottled water and porta-potty facilities will be made available to staff and customers of the on-site businesses. Up to twenty horses will be kept on site during seasonal business operations. Approximately 5 to 10 horses will be kept on site year round.


Applicant: New York State Department of Transportation
328 State Street
Schenectady, NY 12305

Office: Adirondack Park Agency
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891–4050

Contact: Thomas E. Saehrig

Project Number: 2006-0037

Project Title: New York State Department of Transportation

Location: NYS Route 28, Town of Johnsburg, Warren County

Comment Period Ends: August 31, 2006

Project Description: The project consists of the replacement of the NYS Route 28 Bridge over Mill Creek on the existing alignment with an on-site, alternating one-way, temporary detour bridge constructed immediately downstream of the existing bridge; and replacement of the Route 28 Bridge over Glen Creek on a modified alignment using staged construction and alternating one-way traffic. There will be temporary wetland impacts and minor permanent wetland impacts as a result of this project.


Applicant: Jerry W. & Janet W. Stipp

Office: Adirondack Park Agency
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891–4050

Contact: George Outcalt, Jr.

Project Number: 2006-204

Project Title: Stipp

Location: NYS Route 73, Town of Keene, Essex County

Comment Period Ends: August 31, 2006

Project Description: The project is an expansion of a previously authorized commercial use. The applicants propose to increase the size of an existing storage building from its current size of 24 ft. x 48 ft. to 24 ft. x 102 ft. by adding a 54 ft. long addition to the west side of the structure and to add a 12 ft. x 70 ft. storage area to the rear of the structure. A portion of the expanded structure will be used as retail space for the sale of rustic furniture with the rest of the structure still being used for storage. The applicants also propose to construct roofs over two sections of deck on another existing commercial use structure. The expansion is proposed to provide for more covered retail space that can be used during inclement weather. The project site is located on the south side of NYS Route 3 in the Town of Keene.


Applicant: Kathleen & Carl Ferullo

Office: Adirondack Park Agency
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891–4050

Contact: Leigh R. Walrath/John L. Quinn

Project Number: 2006-89

Project Title: Kathleen & Carl Ferullo

Location: NYS Route 9/Junction Route 28, Town of Warrensburg

Comment Period Ends: August 31, 2006

Project Description: The action involves a new commercial use (paint ball fields) and creation of a refreshment area to sell prepackages food and drinks, constituting a 25% expansion of a commercial use.


Negative Declaration

Saratoga County - The NYS Division of Lottery, as lead agency, has determined that the proposed Video Lottery Terminals (VLTs) at Saratoga Raceway will not have a significant adverse environmental impact. The action involves the New York State Division of Lottery proposing to expand the Video Lottery Gaming Terminals (VLT's) at the Saratoga Raceway. This action will necessitate the expansion of the existing facility by constructing an addition of approximately 41,000 sf to the existing clubhouse and an addition of approximately 3,500 sf to the existing administration building. The expansion will include 400 new VLT's, a buffet to seat 300 patrons and a two floor nightclub for 200 patrons. The administration expansion will create new office space. These changes shall be in compliance with the New York State Building Construction Code. The project is located at Saratoga Raceway, Nelson Avenue, Saratoga Springs, NY.

Contact: Robert J. McLaughlin, New York State Division of Lottery, One Broadway Center, P.O. Box 7500, Schenectady, New York 12301, phone: (518) 388-3400, fax: (518) 388-3403.


Washington County - The Town of Kingsbury Planning Board, as lead agency, has determined that the proposed Dean Road Townhouse Project will not have a significant adverse environmental impact. The action involves the review of a proposed townhouse development consisting of 117 buildings and 351 units to be located on 80 acres together with parking, roads, stormwater infrastructure, water and sewer service and other related improvements. The project is located off Dean Road in the Town of Kingsbury, Washington County.

Contact: Thomas Gentile, Town of Kingsbury, 210 Main Street, Kingsbury, NY 12839, phone: (518) 747-2188.


Notice Of Acceptance Of Final EIS

Clinton County - The Town of Ellenburg, as lead agency, has accepted a Final Environmental Impact Statement on the Noble Ellenburg Windpark, LLC. The action involves construction and operation of 54 wind turbines, each approximately 400 feet tall, and related access roads, infrastructure and electrical substation. The project is locaed throughout the Town of Ellenburg, Clinton County, NY.

Contact: James McNeil, Town of Ellenburg, 106 West Hill Road, Ellenburg Center, NY 12934, phone: (518) 594-7340.


Clinton County - The Town of Altona, as lead agency, has accepted a Final Environmental Impact Statement on the Noble Altona Windpark, LLC. The action involves construction and operation of 68 wind turbines, each approximately 400 feet tall, and related access road, infrastructure and electrical substation. The project is located throughout the Town of Altona, Clinton County, NY.

Contact: Larry Ross, Town of Altona, 3124 Miner Farm Road, Altona, NY 12910, phone: (518) 236-7035.


Clinton County - The Town of Clinton, as lead agency, has accepted a Final Environmental Impact Statement on the Noble Clinton Windpark LLC. The action involves construction and operation of 67 wind turbines, each approximately 400 feet tall, and related access roads, infrastructure and electrical substation. The project is located throughout the Town of Clinton

Contact: Michael Filion, Town of Clinton, 23 Smith Road, Churubusco, NY 12923, phone: (518) 497-6133.


Notice Of Acceptance Of Final EIS

Saratoga County - The Saratoga County Board of Supervisors, as lead agency, has accepted a Final Environmental Impact Statement on the Saratoga County Water Treatment and Transmission Facilities Project. The action involves construction and operation of a raw water intake structure, raw water pump station and water treatment plant on an approximately 30 acre parcel at the corner of Butler and Potter Roads in the Town of Moreau, together with approximately 28 miles of 30" - 36" diameter underground water transmission main mostly beneath existing roads or utility rights-of-way through the towns and/or city of Moreau, Greenfield, Wilton, Saratoga Springs, Milton, Ballston, and Malta, as well as a water storage tank near the southern terminus of the proposed transmission main on or near the proposed Luther Forest Technology Campus in the Town of Stillwater. The proposed treatment plant will be located near the southeast corner of the intersection of Potter and Butler Roads in the Town of Moreau, Saratoga County.

Contact: Raymond Callanan, Water Committee, Saratoga County Board of Supervisors, 40 McMaster Street, Ballston Spa, New York 12020-1985, phone: (518) 885-2240.