Town of Blooming Grove - Clovewood Project
Public Notice
Notice of Legislative Public Comment Hearing and Public Comment Period (and Draft SPDES Permit)
Applicant:
Keen Equities LLC
4922 11th Ave
Brooklyn, NY 11219
Facility:
Clovewood
505 Clove Rd
South Blooming Grove, NY
Application ID:
DEC ID# 3-3320-00150/00001, /00002, /00003
Permit(s) Applied for:
Article 15, Title 15 Water Withdrawal Public
Part 182 Endangered/Threatened Species (Incidental Take)
Article 17 Titles 7 & 8 P/C/I SPDES - Surface Discharge
Project is Located:
505 Clove Road, Monroe, NY 10950, Orange County, New York
Project Description:
The applicant has applied for a Water Withdrawal, SPDES Wastewater, and Incidental Take permits, 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.
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.
Legislative Public Comment Hearing:
Pursuant to 6 NYCRR 621.8 (Uniform Procedures), two (2) legislative public comment hearings for the receipt of unsworn public comments on the Water Withdrawal, Incidental Take, and SPDES permit applications will be held. Both public comment hearings will be held virtually, one in the afternoon and one in the evening. The legislative public comment hearings will be conducted electronically through the Webex Events platform before Administrative Law Judge Molly McBride
Instructions to participate in the virtual public comment hearings on Wednesday April 3, 2024 are posted at the New York State Department of Environmental Conservation (NYS DEC) Events Calendar at the following links:
April 3, 2024; 2:00 p.m.: https://dec.ny.gov/get-involved/events/clovewood-legislative-public-com…
April 3, 2024; 6:00 p.m.: https://dec.ny.gov/get-involved/events/clovewood-legislative-public-com…
Persons who wish to receive the instructions by mail or telephone may contact the NYS DEC Office of Hearings and Mediation Services by phone at (518) 402-9003 or by e-mail to [email protected]. Please provide your first and last name, address, and telephone number and reference the Clovewood public comment hearing.
Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits will be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. Written comments submitted to DEC during the comment period and oral comments given at any of the legislative public comment hearings are considered part of the official record.
Following the hearing, NYS DEC will determine whether substantive or significant issues have been raised, as defined in 6 NYCRR Part 621 Uniform Procedures, and whether an adjudicatory public hearing should be scheduled before an administrative law judge. In order to raise substantive and significant issues, written comments expressing objections or opposition to the pending applications must explain the basis of that opposition and identify the specific grounds which could lead NYS DEC to deny the pending applications or impose significant permit conditions.
Availability of Application Documents:
Electronic copies of application documents and draft permits are available at: cpceis.com
Hard copies and/or electronic copies of application documents are available for inspection at the following locations during normal business hours:
Monroe Free Library
44 Millpond Parkway
Monroe, NY 10950.
NYS DEC - Region 3 Office
21 South Putt Corners Road
New Paltz, NY 12561. Documents are available Monday-Friday, 9:00am-4:00pm. Please contact Tracey O’Malley at 845-256-3059 to view the documents.
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.
State Environmental Quality Review (SEQR) Determination:
The Project is subject to SEQR and is a Type I action. A SEQR Lead Agency was coordinated.
SEQR Lead Agency: South Blooming Grove Village Board of Trustees and Planning Board
SEQR Lead Agency Determination: Positive Declaration
The South Blooming Grove Village Board of Trustees and Planning Board, as SEQR lead agency, issued a SEQR Statement of Findings on August 9, 2022.
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed and cultural resources were identified. Based on information 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 archeological sites or historic structures. No further review in accordance with SHPA is required.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)
It has been determined that the proposed action is not subject to CP-29.
Opportunity for Public Comment:
Individuals and parties may mail written comments to the Contact Person listed below. All comments submitted by mail must be postmarked by Friday, April 5, 2024. All electronically submitted comments must be received by 5:00 p.m. on Friday, April 5, 2024. Equal weight is given to written and oral comments.
Tracey L. O’Malley
NYS DEC - Region 3 Office
Division of Environmental Permits
21 South Putt Corners Road
New Paltz, NY 12561