Town of Blooming Grove - CLOVEWOOD

KEEN EQUITIES LLC
4922 11th Ave
BROOKLYN, NY 11219

CLOVEWOOD
CLOVE RD
SOUTH BLOOMING GROVE, NY

3-3320-00150/00001

Article 11 Endangered/Threatened Species (Incidental Take) | Article 15 Title 15 Water Withdrawal Public | Article 17 Titles 7 & 8 P/C/I SPDES - Surface Discharge

BLOOMING GROVE, ORANGE COUNTY

The applicant has applied for a Water Withdrawal, SPDES Wastewater, and Incidental Take permit, associated with the construction of a 600-unit residential housing subdivision, including driveways, internal roadways and utilities, stormwater features, community facilities, a wastewater treatment facility and water supply infrastructure, located at 505 Clove Road in the Village of South Blooming Grove, Orange County. 

Water Withdrawal - The applicant proposes a withdrawal of up to 507,600 gallons per day (gpd) from 6 (six) onsite bedrock wells.  The maximum permitted withdrawal is sustainable, based on the maximum day demand of the project and redundancy requirement, with the largest well with the capacity of 234,720 gpd out of service.  The calculated average and maximum daily demand for the project is 256,760 gpd and 507,520 gpd respectively. 

Endangered & Threatened Species – The applicant’s proposed activity will result in the incidental take of the timber rattlesnake (Crotalus horridus), a NYS-listed threatened species, through the adverse modification of up to 433 acres of documented foraging habitat and the impairment of essential behaviors.  This take includes direct conversion of 252 acres of occupied rattlesnake foraging habitat to non-habitat; indirect impacts, including fragmentation and loss of connectivity, to 181 acres of foraging habitat; and other impacts associated with long-term use and maintenance of the developed area and infrastructure.

Impacts will be minimized through use of qualified and licensed monitor(s), species barrier fencing, construction and operational education and encounter plans, and timing of some construction activities to take place in the species inactive season.  Net conservation benefit will be achieved through permanent land protection of 433 acres of occupied habitat through a deed restriction, habitat enhancement within the protected area, DEC access for survey in the easement area, and funding of long-term nuisance timber rattlesnake response through the Village of South Blooming Grove UJC Emergency Response Division (ERD).

State Pollution Discharge Elimination System (SPDES) – The Department has prepared a draft permit and has made a tentative determination, subject to public comment or other information, to approve a proposed discharge of 256,760 gallons per day (GPD) of treated sanitary wastewater to Subtributary of Slattery Creek, a Class C waterbody, from a primary, secondary, and tertiary treatment plant with disinfection at the Clovewood site, 505 Clove Road, Village of South Blooming Grove.

The draft SPDES permit with fact sheet are available online at https://dec.ny.gov/fs/projects/draftpermits. The draft permit files are contained within regional folders and named by the SPDES number contained in this notice. 

Requests for a legislative hearing (public statement) must be sent in writing to the DEC contact person below by the comment deadline.  The Department assesses such requests pursuant to 6 NYCRR Section 621.8.

Refer to this application by the application number listed above and SPDES Number NY0281727.

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person.  To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

A final environmental impact statement has been prepared on this project and is on file.

SEQR Lead Agency: South Blooming Grove Village Board of Trustees and Planning Board

A cultural resources survey has been completed and cultural resources were identified. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no adverse impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required.

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

It has been determined that the proposed action is not subject to CP-29.

Comments on this project must be submitted in writing to the Contact Person no later than Dec 22, 2023.