October 4th, 2021
Town of Deerpark Planning Board
420 Route 209
PO. Box 621
Huguenot, NY 12746
Re: Draft Scoping Document for Rivendale Subdivision
Dear Town of Deerpark Planning Board:
At the request of the Deerpark Rural Alliance and NYenvironcom, CEA Engineers, P.C. (“CEAPC”) evaluated the adequacy of the August 18, 2021, Draft Scoping Document for Rivendale Subdivision prepared by Fusco Engineering & Land Surveying (“Draft Scoping Document”). CEAPC previously provided written public comments to the Town of Deerpark Planning Board (“Planning Board”) on August 8, 2020, related to its evaluation of the potential for significant adverse environmental impacts resulting from the proposed action by LM Property Holdings, LLC identified as the Rivendale Subdivision (“Rivendale”) at the property located at 515 Neversink Drive, Section 50 Block 1 Lot 38.22, Town of Deerpark, Orange County, New York.
The Planning Board has since issued a positive declaration under New York State Environmental Quality Review Act (“SEQRA”) for Rivendale and has required preparation of a full Environmental Impact Statement (“EIS”). The Draft Scoping Document is required to identify the specific topics and analyses of potential environmental impacts for inclusion in the draft EIS.[1]
Based on its evaluation, CEAPC offers comments to the Planning Board related to the following environmental topics in the Draft Scoping Document:
- 1.0 Impact on Land
- 3.0 Impacts to Surface Water
- 5.0 Impacts on Flooding
1.0 Impact on Land
According to the Draft Scoping Document at 1.0 C, the draft EIS is to include a “detailed analysis” of the soil erosion impacts of Rivendale, mitigation measures to minimize soil erosion impacts, a construction phasing analysis, and discussion of the types of soils on Rivendale and their erosive potential.
The Draft Scoping Document fails to detail the methodology and extent of the analyses required in the EIS to assess soil erosion impacts, the extent and quality of the information needed to analyze soil erosion impacts, and a potential list of mitigation measures or alternatives for reducing soil erosion impacts for discussion in the draft EIS.[2]
In accordance with the New York State Department of Environmental Conservation (“NYSDEC”) New York State Standards and Specifications for Erosion and Sediment Control (“Blue Book”), the Draft Scoping Document needs to detail the specific information and data required to analyze the soil types on Rivendale and potential soil erosion impacts, including the types of soils and their erosive potential, hydrologic soil groups, engineering properties, and suitability for reuse.[3] The specific data and information on soil types and their erosive potential will inform the analysis of potential mitigation measures and alternatives to minimize soil erosion impacts during construction at Rivendale.
The methodology for analyzing soil erosion impacts needs to be clearly defined by the Draft Scoping Document. For example, the Revised Universal Soil Loss Equation (“RUSLE”) is a standard computational methodology used to estimate erosive soil losses at construction activities recommended by the Blue Book. The results of the RUSLE analysis can also be used to assist in selection of potential erosion and sediment mitigation measures and their design.[4]
At a minimum, the Draft Scoping Document needs to specifically include the potential erosion mitigations presently proposed at Rivendale for analysis in the draft EIS, including, silt fence, temporary stabilization, swales, sediment traps, stabilized construction entrances, and rip rap/armoring.[5] The Draft Scoping Document needs to include analysis of other potential mitigation measures or alternatives to minimize soil erosion impacts for discussion in the draft EIS that were identified during the analyses performed for the draft EIS.[6]
3.0 Impacts to Surface Water
The surface waters on and adjacent to Rivendale are sensitive ecological and environmental resources, making complete and adequate scoping of potential land impacts and soil erosion impacts imperative. Rivendale is located directly adjacent to the Neversink River (Neversink), a class B fresh surface water as classified by the NYSDEC with best usages including primary and secondary contact recreation and fishing that shall have water quality suitable for fish, shellfish, and wildlife propagation and survival .[7],[8] A class C(T) stream tributary to the Neversink River (“Tributary Stream”) with best usages including fishing and that shall have water quality suitable for fish, shellfish, and wildlife propagation and survival traverses Rivendale. Trout Waters contain specific water quality, guidance values, and thermal criterion that are more stringent than non-Trout Waters.[9]
According to the Draft Scoping Document at 3.0 A and B, the draft EIS is to include a “detailed analysis” of the impacts, permits, and mitigation necessary to reduce adverse impacts to the Tributary Stream caused by stream bank and bed disturbances resulting from the proposed sanitary sewage conveyance and treatment system on Rivendale and from disturbance to wetlands and wetland buffer zones.
The Draft Scoping Document fails to detail the methodology and focus of the analyses required in the draft EIS to assess impacts to the Tributary Stream, wetlands and wetlands buffer zones, the extent and quality of the information needed to analyze impacts to the Tributary Stream, wetlands and wetlands buffer zones, and a potential list of mitigation measures or alternatives for reducing impacts to the Tributary Stream, wetlands and wetlands buffer zones for discussion in the draft EIS.[10]
The bed and banks of Class C(T) streams, such as the Tributary Stream, cannot be disturbed without a Protection of Waters permit from NYSDEC, which specifically references placement of pipelines across a stream as an example of an activity requiring a Protection of Waters Permit.[11] The Draft Scoping Document needs to specifically include requirements in the draft EIS for discussion related to obtaining a Protection of Waters Permit from NYSDEC in addition to any other permits that may be potentially required due to potential impacts to NYSDEC wetlands or wetlands buffer zones.
According to the Draft Scoping Document at 3.0 C, the EIS is to include a “detailed analysis” of on how sediment-laden, turbid discharges to wetlands and existing water bodies will be prevented and mitigated. In accordance with CEAPC’s comments on Section 1.0, Impact on Land, the Draft Scoping Document needs to include the specific methodology and potential mitigation measures to include in the EIS. Additionally, Section 3.0 C requires an analysis only for wetlands. The analysis in the EIS of the impacts of sediment-laden, turbid discharges needs to include the potential impacts to the Neversink River and Tributary Stream .
The Draft Scoping Documents needs to include an additional scoping topic in Section 3.0 Impacts to Surface Water regarding the potential for adverse impacts resulting from pollutant loading after construction is completed that is not limited to pesticides, fertilizer, and lawn and garden maintenance measure, as currently detailed in 3.0 D. For example, pollutants common to roadways and parking areas from vehicles that can be picked up in stormwater flows and conveyed to downstream surface waters, such as oil, grease, road salt, and metals, needs to be analyzed.
As detailed in CEAPC’s August 8, 2020, Comment Letter to the Planning Board, the Stormwater Pollution Prevention Plan (“SWPPP”) fails to include the results of infiltration tests performed in accordance with the NYSDEC required procedure contained in Appendix D of the NYSDEC Stormwater Management Design Manual (“SWMDM”) or soil borings performed at times of the seasonally high groundwater table (typically in the spring) required in the locations of the proposed infiltration bioretention pond and dry wells. In order to ensure that the infiltration bioretention pond and dry wells are feasible post-construction stormwater management practices in accordance with the SWMDM and will properly treat stormwater runoff from Rivendale, the Draft Scoping Document needs to require that infiltration tests and soil borings adequate to meet the requirements of the SWMDM are performed as part of the draft EIS process.
Section 5.0 Impacts of Flooding at topic D includes the requirement that a full SWPPP be included in the draft EIS to assure full compliance with NYSDEC stormwater regulations, including proving no increase in peak discharge rates and compliance with “NYSDEC green infrastructure requirements”. This specific draft EIS topic needs to be included in Section 3.0 Impacts to Surface Water and needs to include demonstration in the SWPPP that NYSDEC stormwater requirements related to water quality, water quantity, and runoff reduction as detailed in Chapter 4 of the SWMDM are met. Water quality requirements and runoff reduction are specifically required by NYSDEC to reduce pollutant loading to surface waters from stormwater runoff. NYSDEC water quantity requirements include prohibiting increases in peak flows resulting from development from a 1-year, 24-hour storm event (channel protection volume), 10-year, 24-hour storm event (overbank flood volume), and 100-year, 24-hour storm event are extreme flood volume.[12]
The Draft Scoping Document needs to detail the analyses or modeling that will be performed as part of SWPPP development and the draft EIS process to demonstrate compliance with NYSDEC stormwater requirements related to water quality, water quantity, and runoff reduction, including, but not limited to, water quality volume calculations, runoff reduction volume calculations, and peak discharge modeling, such as through use of HydroCAD.
5.0 Impacts on Flooding
Building in a floodway should be limited whenever possible, since it alters natural water pathways, can obstruct flows, increases upstream flood heights, increases downstream velocities, and increases potential flooding risks including damage to property, injury to residents, damage to sensitive habitats, such as those located on Rivendale adjacent to the Neversink River, and erosion in the floodway and river channel.[13],[14],[15] The Orange County Department of Planning required modification of the proposed Rivendale development due to concerns regarding development within the Neversink’s 100-year floodplain in April 2020, however, the Site Plans, dated June 10, 2020, continue to show of the development in the Neversink’s Zone AE 100-year floodplain.[16],[17]
NYSDEC recommends a hydraulic analysis of any proposed development within a floodway to demonstrate that the “no-rise” criteria, defined as a “0.00-feet difference” in computed Base Flood Elevations and modeled cross sections, is met. NYSDEC recommends that a “no adverse effects” criteria is demonstrated for proposed development in the floodway fringe, the portion of the floodplain outside of the floodway. “Adversely effected” is defined as physical damage to adjoining or other property.[18]
Considering the extensive development at Rivendale within the Neversink and Tributary Stream floodways and floodway fringes, the Draft Scoping Document needs to include completion of the NYSDEC recommended hydraulic analysis as part of the draft EIS process.
The Draft Scoping Document fails to include analysis of alternatives to reduce development in the floodway and floodway fringe at Rivendale. An alternatives analysis to reduce development in the floodway and floodway fringe needs to be included in the Draft Scoping Document as part of the draft EIS process.
Conclusion
The scoping process is intended to ensure that the draft EIS will be accurate, complete, and adequate to address potential adverse environmental impacts from a proposed action under SEQR.[19] As a result of its evaluation of the Draft Scoping Document, CEAPC recommends that sections 1.0 Impact on Land, 3.0 Impacts to Surface Water, and 5.0 Impact to Flooding are revised in accordance with the comments in this letter to achieve the intentions of the scoping process under SEQR.
Sincerely,
Kevin Draganchuk, P.E., BCEE
CEA Engineers, P.C., President
[1] New York State Department of Environmental Conservation, The SEQR Handbook, Fourth Edition, 2020. (Hereafter, “SEQR Handbook”)
[2] SEQR Handbook, pages 103 – 105.
[3] New York State Department of Environmental Conservation, New York State Standards and Specifications for Erosion and Sediment Control, November 2016, pages 2.1 and 2.2. (Hereafter, “Blue Book”),
[4] Blue Book, page 1.5 and Appendix A.
[5] John D. Fuller, P.E., P.C., Rivendale Subdivision 515 Neversink Drive, Section 50 Block 1 Lot 38.22, Town of Deerpark, Orange County, NY, Drawing 7 of 14, Erosion and Sedimentation Control Plan June 10, 2020.
[6] SEQR Handbook, page 104.
[7] New York Codes, Rules, and Regulations, 6 CRR-NY 701.7, current through October 31, 2020.
[8] New York State Department of Environmental Conservations, Environmental Resource Mapper, https://gisservices.dec.ny.gov/gis/erm/, Accessed August 3, 2020. (Hereafter, “NYSDEC ERM”)
[9] New York Codes, Rules, and Regulations, 6 CRR-NY 701.25, current through October 31, 2020.
[10] SEQR Handbook, pages 103 – 105.
[11] NYSDEC, Protection of Waters: Disturbance of The Bed or Banks of a Protected Stream or Other Watercourse, https://www.dec.ny.gov/permits/6554.html. Accessed January 20, 2020.
[12] NYSDEC, New York State Stormwater Management Design Manual, January 2015, Chapter 4.
[13] FEMA, Regulating Within a Floodway, Frequently Asked Questions.
[14] Federal Emergency Management Agency (FEMA), Guidance for Flood Risk Analysis and Mapping, Floodway Analysis and Mapping, November 2019.
[15] Orange County Department of Planning, County Reply – Mandatory Review of Local Planning Action as per NYS General Municipal Law §239-1, m, &n, April 3, 2020.
[16] Orange County Department of Planning, County Reply – Mandatory Review of Local Planning Action as per NYS General Municipal Law §239-1, m, &n, April 3, 2020.
[17] John D. Fuller, P.E., P.C., Rivendale Subdivision 515 Neversink Drive, Section 50 Block 1 Lot 38.22, Town of Deerpark, Orange County, NY, June 10, 2020.
[18] NYSDEC, Floodplain Development and Floodway Guidance, http://www.dec.ny.gov/lands/24281.html. Accessed August 4, 2020.
[19] SEQR Handbook, page 100.