TOWN OF HYDE PARK - CROFTON MEWS APARTMENTS

Notice of Complete Application

Applicant:

ELBOW CREEK LLC
241 Hudson Ave
HACKENSACK, NJ 07601

Facility:

CROFTON MEWS APARTMENTS
1269 ST RTE 9G
HYDE PARK, NY 12538

Application ID:

3-1332-00090/00011

Permit(s) Applied for:

Article 11 Endangered/Threatened Species (Incidental Take) | Article 15 Title 5 Stream Disturbance | Article 17 Titles 7 & 8 P/C/I SPDES - Surface Discharge | Article 24 Freshwater Wetlands | Section 401 - Clean Water Act Water Quality Certification

Project is Located:

HYDE PARK, DUTCHESS COUNTY

Project Description:

The applicant has applied for a SPDES Wastewater permit, Incidental Take Permit, Freshwater Wetlands permit, Stream Disturbance permit, and Water Quality Certification associated with the construction of a 249-unit residential housing complex, including internal roadways, parking areas, wetland crossings, bridge installation, widening of Route 9G at the site entrance, maintenance building, clubhouse, pool, and wastewater treatment plant located at 1269 Route 9G in the Town of Hyde Park, Dutchess County.

Endangered and Threatened Species - The applicant's proposed action will result in the incidental take of Blanding's turtle (Emydoidea blandingii), a NYS-listed threatened species, through the adverse modification of 38.95 acres within 330 feet of wetland considered to be occupied habitat, including impacts to suitable nesting habitat and to 3.31 acres of wetland habitat.

Impacts will be minimized through the use of qualified and licensed monitor(s), temporary and permanent species barrier structures, construction and operational education and encounter plans, and timing of some construction activities to take place during the species' inactive season. Net conservation benefit will be achieved through onsite land protection (via Declaration of Restrictive Covenants on 23.5 acres of the 88.769 acre site), habitat enhancement of up to 9.5 acres of nesting habitat including maintenance of the nesting area and electric fencing installation, and installation of bridged and underpasses.

Stream Disturbance, Freshwater Wetlands, and Water Quality Certification - The applicant's proposed disturbances to Crum Elbow Creek (H-124, Class and Standard A(T)) and wetland proper of Freshwater Wetlands HP-40 total 0.01 acres for the removal of the existing culvert crossing, installation of a span bridge and widening of Route 9G; disturbances to the associated regulated 100-foot adjacent areas of HP-40 and HP-21 total 5.80 acres, and disturbances to other non-NYSDEC wetlands total 3.3 acres are for the creation of the Blanding's turtle nesting area and maintenance, stormwater infrastructure, access roads and crossings.

State Pollutant 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 66,090 gallons per day (GPD) of treated sanitary wastewater to Elbow Creek, a Class A(T) waterbody from a secondary treatment plant at the applicant's facility address located at 1269 Route 9G in the Town of Hyde Park, Dutchess County. The facility is currently partially cleared and forested area. The applicant plans to construct a multi-family development of 249 residential units, maintenance building, clubhouse, pool, and aforementioned wastewater treatment plant (WWTP).

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

Requests for a legislative (public statement) hearing 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 applicant number listed above and SPDES Number NY0078549.

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:

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

SEQR Lead Agency: Hyde Park Town Planning Board

State Historic Preservation Act (SHPA) Determination:

Evaluation using a Structural-Archaeological Assessment Form or other information has concluded that the proposed activity will not impact registered, eligible or inventoried archaeological sites or historic structures.

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.

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