Town of Tusten - Mahl's Pond

Notice of Complete Application

Applicant:

GREATER NEW YORK COUNCILS, BOY SCOUTS OF AMERICA
155 E 56th St Fl 2
NEW YORK, NY 10022

Facility:

Mahl's Pond
Mahl's Pond Rd, at Kunatah Rd
NARROWSBURG, NY 12764

Application ID:

3-4848-00156/00001

Permit(s) Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters | Article 15 Title 5 Stream Disturbance | Article 24 Freshwater Wetlands | Section 401 - Clean Water Act Water Quality Certification

Project is Located:

TUSTEN, SULLIVAN COUNTY

Project Description:

The applicant proposes disturbance to Mahl's Pond (Class B, Waters Index Number: D-37- 1-P207-2-P208) and Freshwater Wetland EL-43 (Class 2) associated with the breaching of an existing dam, Mahl's Pond Dam, to achieve compliance with the DEC Part 673 Dam Safety Regulations. The dam will be breached by excavating and creating a modification weir and by constructing a base flow channel, causing drainage of Mahl's Pond and Freshwater Wetland EL-43. In total, 75 cubic yards (CY) of material consisting of riprap stone, sand and gravel, and topsoil will be placed within a 6,500 square foot (SF) area to stabilize the breach sections and approximately 570 CY of material from a total 8,900 SF area will be excavated to facilitate the breach at Mahl's Pond Dam. Mahl's Pond will be drained in a controlled manner, all excavation and fill work will occur in dry conditions, and sediment and erosion control measures will be installed to protect water quality.

Availability of Application Documents:

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.

State Environmental Quality Review (SEQR) Determination:

Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

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.

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:

Comments on this project must be submitted in writing to the Contact Person no later than Nov 29, 2024.

Public link

Please use the above public link if you want to share this noodl on another website.