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HomeMy WebLinkAboutSite Plan & Wetland Approval 2021-2-11 February 11, 2021 APPROVED 6-0 RESOLUTION APPROVING AN APPLICATION FOR A THIRD AMENDED SITE PLAN AND WETLAND PERMIT FOR PROPERTY LOCATED AT 250 BOWMAN AVENUE WHEREAS, Andy Mavian, AICP, submitted an application on behalf of property owner, City of Rye, for approval of a Site Plan and Wetland Permit for the removal of unhealthy and dead hazardous trees to protect Bowman Dam on property located at 250 Bowman Avenue and designated as Section 141.26, Block 1, Lot 2 on the Town of Rye Tax Map in the R-10 Zoning District and the Bowman Avenue Scenic Roads Overlay District ("Property'D; and WHEREAS,in November 2012 the Village of Rye Brook Board of Trustees approved a second amendment to the approved Site Plan and Wetland Permit for the Property to install a pad-mounted transformer and utility pole; and WHEREAS, the Planning Board is the Approval Authority for this application pursuant to Section 209-1.A(2)(c) and Chapter 245 of the Village Code; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Application for Site Plan Approval; 2. Site Plan Submittal Review Checklist; 3. Wetlands Permit Application; 4. Tree Removal Permit Application; 5. A report entitled, "Wetland and Stream Delineation Report," dated November 2019, prepared by Environmental Design & Research; 6. The following engineering plans generally entitled, "Bowman Pond Clearing Design" prepared O'Brien & Gere Engineers, dated 12/7/20: a. Sheet G-000, "Title Sheet," b. Sheet C-100, "Existing Site Plan;" c. Sheet C-101, "Construction Site Plan;" d. Sheet C-501, "Details"; and WHEREAS, the application is a Type II Action pursuant to 6 NYCRR 617.5(c)(12) of the State Environmental Quality Review Act (SEQRA) thereby requiring no further environmental review; and WHEREAS, the application was referred to the Westchester County Planning Board pursuant to the New York State General Municipal Law and Westchester County Administrative Code and a response dated February 5, 2021 was received from the County; and WHEREAS, a duly advertised public hearing was opened on February 11, 2021, at which time all those wishing to be heard on the Application were given such opportunity, and the public hearing was closed on February 11, 2021; and WHEREAS, due to public health and safety concerns related to the current COVID- 19 pandemic, the January 14, 2021 and February 11, 2021 meetings of the Planning Board, at which this application was heard, were duly noticed and held via videoconference in accordance with the requirements of the Zoning Code of the Village of Rye Brook and the Governor's Executive Orders which suspend the "in-person"requirements of the NYS Open Meetings Law and provide alternative means by which to conduct public meetings and hearings; and WHEREAS, the Planning Board has considered the Wetland Permit standards set forth at Village Code § 245-8 for the proposed work within the wetlands and wetland buffer for removal of unhealthy and dead hazardous trees and the installation of temporary stream crossings; and WHEREAS, the Applicant proposes approximately 8,072 square feet of temporary physical disturbance which is proposed to be mitigated by restoration of the areas of temporary disturbance; and WHEREAS, the Planning Board has considered the provisions of the Scenic Roads Overlay District and finds that due to the location of the proposed work, much of the important scenic and natural features of the site will be preserved from the viewpoint of Bowman Avenue; and WHEREAS, the Planning Board, Village Planning Consultant, and Village staff have reviewed all application materials,including any public comments and made recommendations regarding tree removal, tree replacement and wetland disturbances; and WHEREAS,the Planning Board is fully familiar with the application and the property. NOW, THEREFORE, BE IT RESOVED, that the Village of Rye Brook Planning Board hereby approves the Amended Site Plan and Wetland Permit to for the removal of unhealthy and dead hazardous trees to protect Bowman Dam on property located at 250 Bowman Avenue and designated as Section 141.26, Block 1, Lot 2 on the Town of Rye Tax Map in the R-10 Zoning District and the Bowman Avenue Scenic Roads Overlay District, subject to the following conditions: 1. Prior to the issuance of permit, the Applicant shall obtain all required approvals from Westchester County, as determined by the County, including but not limited to a County Stream Control Permit and approval from Westchester County Department of Public Works and Transportation pursuant to NYS General Municipal Law 239-F. 2. Prior to the closure of the permit associated with the work, the Applicant shall submit payment to the Village to be deposited into the Village's Street Tree Fund pursuant to Chapter 235 of the Village Code in an amount determined by the Village Engineer/Superintendent of Public Works based on the License and Fee Schedule of the Village of Rye Brook and the Applicant's proposal to remove 12- 15 regulated trees, unless such fee is otherwise waived in whole or in part by the Village Board of Trustees. 3. The Wetland Permit shall be valid for a period of one year from the date of this resolution, however, an extension of an original permit may be granted upon written request to the Planning Board by the original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit. 4. The written Wetland Permit issued pursuant to this approval shall contain the following conditions pursuant to Section 245-11(B) of the Village of Rye Brook Code: a. Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the approval authority, the Building Inspector, the Village Superintendent of Public Works/Engineer or their designated representatives. b. All permits issued under this chapter shall be void and of no effect after one year from the date of issue thereof, unless the work for which the permit was issued has been actually commenced and not been abandoned during that period. In such cases, the applicant may reapply for a wetlands permit from the approval authority in accordance with the provisions of this chapter. If the work for which the permit was issued has commenced within one year from the date of issuance of the permit, such permit may be renewed by the approval authority in accordance with the renewal provisions set forth at § 245-5(B)(7) of the Village Code. c. The permit holder shall provide written notification to the Village Superintendent of Public Works/Engineer and Village Building Inspector of the date on which the regulated activity is to begin at least five business days in advance of such date. d. The approval authority's permit shall be prominently displayed at the project site during the undertaking of any of the activities authorized by the permit. e. The boundaries of the regulated activity and all wetlands and watercourses shall be stated and appropriately marked in the field so as to make the boundaries visible. f. The permit, including all conditions, shall be binding on all successors and assignees of the permit holder. BE IT FURTHER RESOLVED, that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On motion by Ms. Schoen, seconded by Mr. Morlino, Mr. Michal Nowak, Superintendent of Public Works/Village Engineer, called the roll: MS. DRECHSLER Voting EXCUSED MR. GRZAN Voting AYE MR. MORLINO Voting AYE MS. SCHOEN Voting AYE MR. TARTAGLIA Voting AYE MR. ZAHL Voting AYE CHAIRMAN GOODMAN Voting AYE RECEIVED FEB t 1 2022 February 10, 2022 Approved 7-0 VILLAGE CLERK'S OFRCE RESOLUTION APPROVAL OF A REQUEST FOR AN EXTENSION OF THE WETLAND PERMIT FOR PROPERTY LOCATED AT 250 BOWMAN AVENUE WHEREAS, Andy Mavian, AICP, on behalf of the property owner, City of Rye, submitted a request to the Village of Rye Brook Planning Board (the "Planning Board") for an extension of the Wetland Permit Approval issued by the Planning Board on February 11, 2021 in connection with the removal of unhealthy and dead hazardous trees to protect Bowman Dam on property located at 250 Bowman Avenue and designated as Section 141.26, Block 1, Lot 2 on the Town of Rye Tax Map in the R-10 Zoning District and the Bowman Avenue Scenic Roads Overlay District ("Property"); and WHEREAS, Village Code § 245-5.A(8) authorizes the approval authority to issue extensions of previously granted Wetland Permits; and WHEREAS, pursuant to Village Code § 245-5.A(8), where no work pursuant to the wetland permit has been accomplished, extensions shall not exceed two additional periods of 90 days each; and WHEREAS, physical construction activity was expected to begin by December 2021, however,due to unforeseen delays in procuring a contractors,no work pursuant to the wetland permit has begun at this time; and WHEREAS, the Planning Board has reviewed the particular circumstances involved and discussed the status of construction with the Applicant's representatives at its February 11, 2022 meeting; and WHEREAS, the request for an extension is a Type II Action pursuant to the State Environmental Quality Review Act (SEQRA) and accordingly no further environmental review is required. NOW,THEREFORE, BE IT RESOLVED, that the Planning Board of the Village of Rye Brook hereby approves a 120-day extension of the Wetland Permit, in connection with the removal of unhealthy and dead hazardous trees to protect Bowman Dam on property located at 250 Bowman Avenue. BE IT FURTHER RESOLVED, the Wetland Permit shall expire on June 11,2022. If a further extension of the Wetland Permit Approval is required, the Applicant shall submit a written request at least thirty (30) days prior to June 11, 2022, at which time the Planning Board will duly consider such request. BE IT FURTHER RESOLVED, except as specifically modified by the amendment contained herein, the Planning Board Resolution dated February 11, 2021, and the conditions set forth therein, is otherwise to remain in full force and effect. On motion by Ms. Schoen, seconded by Mr. Morlino, Mr. Michal Nowak, Superintendent of Public Works/Village Engineer, called the roll: MR. GOTTLIEB Voting Aye MR. GRZAN Voting Aye MR. MENDELSOHN Voting Aye MR. MORLINO Voting Aye MS. SCHOEN Voting Aye MR. TARTAGLIA Voting Aye CHAIRMAN GOODMAN Voting Aye p CCC ��IC� EDR JAN 2 6 2022 VILLAGE OF RYE BROOK January 26,2022 BUILDING DEPARTMENT Mr. Robert Goodman, Chair Village of Rye Brook Planning Board 938 King Street Rye Brook, NY 10573 RE: Upper Bowman Pond Tree Removal project—Wetland Permit Extension Request 250 Bowman Avenue,Tax Parcel 141.26-1-2 (approximately 10.54-acres) Dear Chairman Goodman: I'm writing on behalf of the City of Rye and the New York State Governor's Office of Storm Recovery(GOSR) to request an extension of the Wetland Permit issued for the above referenced project by the Village Planning Board on February 11,2021. As indicated in the Planning Board Resolution,the wetland permit is valid until February 11,2022,and an extension may be granted by the Planning Board. Physical construction activity was expected to initiate by December 2021, however, due to unforeseen delays in procuring a contractor,activities are now anticipated to commence in late winter/early spring of 2022. At the direction of the Village Superintendent of Public Works, please find attached a resubmitted Wetland Permit Application for the requested permit extension. The project design is unchanged from what was previously reviewed by the Planning Board and the Village's wetland consultant, Evans Associates, in December 2020. We would greatly appreciate your consideration of this permit extension request and ask that this project be added to the February 101h Planning Board meeting agenda. The City of Rye would like to request that the application fee be waived for this permit extension request. Thank you and please advise if any additional information would be helpful. Sincerely, Andy Mavian,AICP Environmental Project Manager C.C., Greg Usry,City of Rye, James Sullivan, DASNY, Shacha Toledo,GOSR, Brian Platt, Ramboll, Carolyne Bean, EDR EDR 217 Montgomery Street,Suite 1100,Syracuse,New York 13202 315.471.0688 www.edrdpc.com VILLAGE BROOK PERMIT# WETLANDS PLA, 7, PPLICATION EXPIRATIONDIwTE Public Works Dept.939-0753 fax 9 *nu ing Dept.939-0668 fax 939-5801 Michal Nowak,Village Engineer/Superinte is Works e-mail:mnowak@rvebrook.orx :.:s:+::s*t**s#r��*».:�.*.�***:�*****�s•�«.,�****...��.*its*ss�s�:*:�,.*�..��*:,ass**s***:*,*«: REQUIREMENT SUBMITTALS: 1. Application Fee: $1,150 paid Permit fee: $250 paid 2. Bond Deposit: $ Date Paid 3. Insurance: attached on file 4. Map: attached on file 5. UFPO No. Owner City of Rye c/o Greg Usry;City Manager Address 105 Boston Post Road,Rye NY 10580 Phone 914-967-7411 E-mail gusrynaryeny.gov Contractor TBD Contact Person WC Home Improvement License: Address Phone E-mail Application is made for a Wetlands Permit at the following address: 239 Bowman Ave,Rye Brook Describe in full location of job site (please print): Upper Bowman Pond,north of I-287 and south of Bowman Ave. For the purpose of.• Temporary access to remove dead and unhealthy hazard trees in Upper Bowman Pond that may compromise the function and integrity of the dam. Stumps will be left in place and no excavation dredging fill or development is proposed. If permit is granted,I agree to comply with all rules and regulations set forth by the Federal,State,County, Local Laws,Special Ordina s,General Ordinances. Owner's Signature Office Use Only BOT APPROVAL PLANNING APPROVAL VILLAGE APPROVAL DATE CONDITIONS FOR PERMIT: RETURN DEPOSIT APPROVAL: DATE RETURN AMOUNT: On a motion made by Trustee Heiser and seconded by Trustee Fischer the following resolution was adopted. RESOLUTION CONSIDERING A REQUEST TO WAIVE THE REPLANTING AND TREE FUND FEE REQUIREMENT FOR A DASNY PROJECT AT RYE CITY PROPERTY IN THE VILLAGE OF RYE BROOK(250 BOWMAN AVENUE) WHEREAS,the Dormitory Authority of the State of New York(DASNY)has submitted an application for a project on City of Rye municipal property within the Village of Rye Brook at 250 Bowman Avenue;and WHEREAS,this purpose of this municipal project is to clear natural debris restricting the flow of the Blind Brook to help mitigate flooding in the Rye Brook,Rye,and Harrison communities;and WHEREAS,Chapter 235 of the Village of Rye Brook Code requires that any trees 10"DBH or greater that are removed require replanting by the property owner or a payment made to the street tree fund if replanting is not feasible;and WHEREAS,the applicant(DASNY)has submitted a letter on February 18,2021 to the Village Board requesting that the requirements for replanting and payment to the tree fund be waived for the project at 250 Bowman Avenue as there is inadequate room for the replanting of additional trees in this wooded areas and additional plantings would be counter to the project's intent to remove natural debris from the Blind Brook,and paying into a street tree fund is not eligible to be covered by the grant funding for this project;and WHEREAS,the Village of Rye Brook Planning Board approved a recommendation at the Planning Board meeting on February 11,2021 in support of the applicant's request to waive the replanting and street tree fund requirements. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby waives the tree replanting and street tree fund requirement, as stated in Chapter 235 for a DASNY project on Rye City-owned property in the Village of Rye Brook located at 250 Bowman Avenue. TRUSTEE EPSTEIN AYE TRUSTEE FISCHER AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE MAYOR ROSENBERG AYE State of New York County of Westchester ss: Village of Rye Brook 1 hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of Rye Brook which was duly passed by said Board on February 23,2021 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Seal of the Village of Rye Brook, this 24th day of February,2021 Vill e ClerkV February 23, 2021 RESOLUTION CONSIDERING A REQUEST TO WAIVE THE REPLANTING AND TREE FUND FEE REQUIREMENT FOR A DASNY PROJECT AT RYE CITY PROPERTY IN THE VILLAGE OF RYE BROOK (250 BOWMAN AVENUE) WHEREAS, the Dormitory Authority of the State of New York(DASNY)has submitted an application for a project on City of Rye municipal property within the Village of Rye Brook at 250 Bowman Avenue; and WHEREAS, this purpose of this municipal project is to clear natural debris restricting the flow of the Blind Brook to help mitigate flooding in the Rye Brook, Rye, and Harrison communities; and WHEREAS, Chapter 235 of the Village of Rye Brook Code requires that any trees 10"DBH or greater that are removed require replanting by the property owner or a payment made to the street tree fund if replanting is not feasible; and WHEREAS,the applicant(DASNY)has submitted a letter on February 18, 2021 to the Village Board requesting that the requirements for replanting and payment to the tree fund be waived for the project at 250 Bowman Avenue as there is inadequate room for the replanting of additional trees in this wooded areas and additional plantings would be counter to the project's intent to remove natural debris from the Blind Brook, and paying into a street tree fund is not eligible to be covered by the grant funding for this project; and WHEREAS, the Village of Rye Brook Planning Board approved a recommendation at the Planning Board meeting on February 11, 2021 in support of the applicant's request to waive the replanting and street tree fund requirements. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby waives the tree replanting and street tree fund requirement, as stated in Chapter for a DASNY project on Rye City-owned property in the Village of Rye Brook located at 250 Bowman Avenue. NOTICE OF PUBLIC HEARING Public Notice is hereby given for a Site Plan and Wetlands Permit applications submitted to the Village of Rye Brook Planning Board. The matter is scheduled for a Public Hearing before the Planning Board on February 11, 2021 at 7:30 p.m., at Rye Brook Village Hall, 938 King Street. Owner: City of Rye Applicant: Andy Mavian, AICP Premises: 250 Bowman Avenue (Parcel ID# 141.26-1-2) Application: Review of a Site Plan and Wetlands Permit Applications for the proposed upper Bowman Avenue site work. The February 11, 2021 the Planning Board meeting will be held via videoconferencing and in-person, if permitted by the Governor's Executive Orders. The public will have an opportunity to see and hear the meeting live and provide comments. Further information on in-person attendance, if permitted, will be available on the Village website. The public can watch the live meeting on Cable TV, online from the Public Meetings link on the Village website (www.ryebrook.org), and through the Zoom App. If any interested members of the public would like to provide comments on an application, comments can be called in during the meeting at +1 (929) 205-6099, Meeting ID: 818 7471 8280 or provided through the written chat section of the Zoom meeting. Comments can also be emailed before and during the public hearing to Michal Nowak, Village Superintendent of Public Works, at mnowak@ryebrook.org. Please check the meeting Agenda posted on the Village website for further instructions to access the virtual meeting and for updated information. Additional information is available at the Rye Brook Engineering Department at (914) 939-0753. Nonce o� pUbl ►C �✓ i ►�� Ma► I�d ack e fo . nfi ►�e �p�) ►c��lon P °`� loon of" I-�GY ►' ► SU�'1 CIerI� c�v �c V,Ie car�er, TawS �,mc,,-� poke HawsOY-) , -�loo r � +�e� n �os�� Ny ��,a C I as S wa l I orA '/a -7 NOTICE OF PUBLIC HEARING Public Notice is hereby given for a Site Plan and Wetlands Permit applications submitted to the Village of Rye Brook Planning Board. The matter is scheduled for a Public Hearing before the Planning Board on February 11, 2021 at 7:30 p.m., at Rye Brook Village Hall, 938 King Street. Owner: City of Rye Applicant: Andy Mavian, AICP Premises: 250 Bowman Avenue (Parcel ID# 141.26-1-2) Application: Review of a Site Plan and Wetlands Permit Applications for the proposed upper Bowman Avenue site work. The February 11, 2021 the Planning Board meeting will be held via videoconferencing and in-person, if permitted by the Governor's Executive Orders. The public will have an opportunity to see and hear the meeting live and provide comments. Further information on in-person attendance, if permitted, will be available on the Village website. The public can watch the live meeting on Cable TV, online from the Public Meetings link on the Village website (www.ryebrook.org), and through the Zoom App. If any interested members of the public would like to provide comments on an application, comments can be called in during the meeting at +1 (929) 205-6099, Meeting ID: 818 7471 8280 or provided through the written chat section of the Zoom meeting. Comments can also be emailed before and during the public hearing to Michal Nowak, Village Superintendent of Public Works, at mnowak@ryebrook.org. Please check the meeting Agenda posted on the Village website for further instructions to access the virtual meeting and for updated information. Additional information is available at the Rye Brook Engineering Department at (914) 939-0753. leo-cl L-61, U0 1 '-0Lt4 SSO -�S( 1120-I0I AN 'SUIICId a+iu1M C 0h 'IV90( r?U9V aU LP b W 8 I � U G)d ,� �-s� +CaM I o4 1,qAgj 10 Westchester Counh, Plannincy Board Planning and Zoning, Action Referral Form U er Bowman Pond Tree Removal Project Referral Name: pp Westchester County PlanningBoard comments due by: Address: 250 Bowman Avenue Municipality: Village of Rye Brook Local Case Number: Zip code of location of the action: 10577 Local Meeting Date: 2/11/21 Section: 141.26 Block: 1 Lot: 2 Public Hearing: E] Yes [] No Referring Agency: General Land Use Classification: D City Council Type of Action SEAR Action 0 Town/Village Board 0 Planning Board/Commission 0 New EAF 0 Draft EIS 0 Positive 0 Zoning Board ❑ Expansion ❑Lead Agency 0 Final EIS Declaration Other: ❑x Modification 0 Draft Scope 0 Findings 0 Negative © Declaration Referral Description: Site Plan and Wetlands Permit Applications for the removal of hazardous, unhealthy, and dead trees to protect the Bowman Dam. Referral Trigger(Type of Action)* Please check appropriate box for actions involving more than 5,000 square feet of new or renovated floor area 0 Comprehensive Plan (Adoption or Amendment) OR 10,000 square feet of total land disturbance. If this 0 Official Map (Adoption or Amendment) action involves less floor area or land disturbance, please Q Site Plan (please circle the condition) use a "notification only'form to reduce paperwork/waste. Affecting property within 500 feet of: • A municipal boundary, 0 Special Use Permit or Use Variance The boundary of an existing or proposed state or county 0 Subdivision Plat (Only when a new street will connect park or any other state/county recreation area; directly into a state or county road or a new drainage The right-of-way of an existing or proposed state or line will connect directly into a county drainage county road; channel) • An existing or proposed county drainage channel line; 0 Zoning Ordinance or Map (Adoption or Amendment) • The boundary of state or county-owned land on which a Moratoriums public building/institution is located; • The boundary of a farm located in an agricultural district. Contact Information Local Contact Name: Sarah L. Brown, AICP Department/Agency: Village of Rye Brook Planning Consultant Phone Number: 914-967-6540 Email Address: sbrown@hardestyhanover.com Please provide notice at least 10 days prior to any hearing(30 days in advance for site plans)with supporting documentation (including an EAF) and return address to: Municipal Referrals Note: You may fax this sheet to (914) 995-3780, in order to Westchester County Department of Planning start the referral process. Please send all supporting 148 Martine Avenue,Room 432 documentation within one business day of sending the fax. White Plains,NY 10601-3311 Note:This list is provided as a convenience. Please check General Municipal Law and the Westchester County Code to be certain which actions to refer. http://www.co.westchester,ny.us/planning/regionalpIan/Referral%20Form.pdf Prepared by Westchester County Department of Planning—March 2008 NOTICE OF PUBLIC HEARING Public Notice is hereby given for a Site Plan and Wetlands Permit applications submitted to the Village of Rye Brook Planning Board. The matter is scheduled for a Public Hearing before the Planning Board on February 11, 2021 at 7:30 p.m., at Rye Brook Village Hall, 938 King Street. Owner: City of Rye Applicant: Andy Mavian, AICP Premises: 250 Bowman Avenue (Parcel ID# 141.26-1-2) Application: Review of a Site Plan and Wetlands Permit Applications for the proposed upper Bowman Avenue site work. The February 11, 2021 the Planning Board meeting will be held via videoconferencing and in-person, if permitted by the Governor's Executive Orders. The public will have an opportunity to see and hear the meeting live and provide comments. Further information on in-person attendance, if permitted, will be available on the Village website. The public can watch the live meeting on Cable TV, online from the Public Meetings link on the Village website (www.ryebrook.org), and through the Zoom App. If any interested members of the public would like to provide comments on an application, comments can be called in during the meeting at +1 (929) 205-6099, Meeting ID: 818 7471 8280 or provided through the written chat section of the Zoom meeting. Comments can also be emailed before and during the public hearing to Michal Nowak, Village Superintendent of Public Works, at mnowak@ryebrook.org. Please check the meeting Agenda posted on the Village website for further instructions to access the virtual meeting and for updated information. Additional information is available at the Rye Brook Engineering Department at (914) 939-0753. January 14, 2021 RESOLUTION SETTING A PUBLIC HEARING REGARDING SITE PLAN AND WETLANDS PERMIT APPROVAL FOR 250 BOWMAN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS,Andy Mavian, AICP, on behalf of the property owner, City of Rye, has submitted an Application for approval of a Site Plan and Wetlands Permit for the removal of unhealthy and dead hazardous trees to protect Bowman Dam on the property located at 250 Bowman Avenue, SBL 141.26-1-2 on the Town of Rye Tax Map, in the R-10 Zoning District; and NOW, THEREFORE, BE IT RESOLVED, the Planning Board of the Village of Rye Brook will hold a public hearing on February 11, 2021 at 7:30 p.m. via videoconference in accordance with the requirements of the Zoning Code of the Village of Rye Brook and the Governor's Executive Orders which suspends the "in-person" requirements of the NYS Open Meetings Law and provides alternative means by which to conduct public meetings and hearings, to consider the above- referenced application; and BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification of the public hearing. On motion by , seconded by , Mr. Nowak, Superintendent of Public Works, called the roll: MRS. DRECHSLER Voting MR. GRZAN Voting MR. MORLINO Voting MRS. SCHOEN Voting MR. TARTAGLIA Voting MR. ZAHL Voting CHAIRMAN GOODMAN Voting Y:1Sharedl0fficeslNYROataCocumentsOOCS215001RyeBrook110 Meadowlaf C Road PHResolubon Draft.docx BUIL _ MENT VIL OK 938 KING wIJ �iiR` ,NY 10573 DEC 2.8 2020 (914)9 5 Rw .3. i 39-5801 W .i e r FOR OFFICE USE ONLY: BOT Approval Date: PB Approval Date: BOT Disapproval Dane: PB Disapproval Date: Attach Resolution Hereto: BOT[ ] PB ZBA( ] Chairman: I > G m 0-1-7 SITE PLAN FEE: /�� DATE PAID: ENVIRONMENTAL FEE: !500 DATE PAID: I OTHER: *********************************************************************************************************** APPLICATION FOR SITE PLAN APPROVAL Submission of this application does not assure placement on any Planning Board Agenda.The Applicant will be notified of such placement. *********************************************************************************************************** This application references but is not limited to the following sections of the Code of the Village of Rye Brook;§250 ZONING,§209 SITE PLAN REVIEW,§235 TREES,§107 DEMOLITION OF BUILDINGS,§224 SWIMMING POOLS,§121 EXCAVATION&TOPSOIL REMOVAL, §118 EROSION&SEDIMENT CONTROL,§213 STEEP SLOPES PROTECTION, §219 SUBDIVISION OF LAND, §250-40 NOTIFICATION REQUIREMENTS. Applicants and their Design Professionals are strongly advised to review the above mentioned code sections online at,www.rvebrook.ore prior to completing and/or submitting this application- APPLICATION FEE SCHEDULE: Residential Dwellings- $325.00,plus$200.00 per additional dwelling unit. Non-Residential Buildings- $475.00,plus $30.00 per parking space. Planned Unit Development-$600.00,per acre PUD Amendment- $300.00 Site Plan Amendment- $575.00 Wetlands&Watercourse- $1,150.00,permit$250.00 Consultant Review(Escrow)Fee: Minimum fee$250.00-maximum fee$2,500.00 to be determined by the Village Engineer. Application fees are non-refundable. The applicant's Escrow Account must have a positive balance at all limes prior to any Consultant;Attorney,or Village review. Escrow Fees and Site Plan Fees must be paid on separate checks made payable to the Village of Rye Brook *********************************************************************************************************** 1. Site Address: 239 Bowman Ave(CRI04) Parcel ID#: 141.26-1-2 Zone:R-10 2. Property Owner:City of Rye,c/o Greg Usry,City Manager Address: 1051 Boston Post Road,Rye,NY 10580 E-Mail:gusryAryeny.gov Tel.#: 914-967-7411 Other: 3. Applicant: Same Address: E-Mail: Tel.#: Other: 4. Design Professional:Ramboll,c/o Brian Platt,P.E. Address:333 W. Washington Street,Syracuse,NY 13210 E-Mail: Brian.Platt(kramboll.com Tel.#: 315-956-6667 Other: 5. Designate to whom correspondence is to be sent:Brian Platt Note:If applicant is a"Contract-Vendee",please attach a copy of the contract summary with financial and confidential terms deleted. 1 6/1/2020 6. Street which property abuts: Bowman Ave. 7. Does property connect directly into State or County highway? ( )NO (X)YES: CR 104(Bowman Ave.) 8. Is site within 500 feet of Village Boundary? ( )NO (X)YES If yes note all bordering municipalities:TN of Harrison 9. Total area of site: 10.54 acres Area of site activity: 4.5 acres (See Attachments 1 and 2) 10. Site coverage: Driveway area+/-2.3% Building coverage: 0% no buildings) 11. Existing building size:N.A. New/additional building size: N.A. 12. Existing parking spaces: +i_ 5 on driveway New parking spaces: No change 13. Nature of proposed activity: Remove unhealthy or dead hazardous trees to protect Bowman Ave.Dun,enhance the aesthetic nature of the property,and improve access to the pond and dam. Stumps and roots of removed trees to remain. No excavation,dredging or filling is proposed. Please note that this application must include the notarized signature(s) of the legal owner(s) of the above-mentioned property, in the space provided below.Any application not bearing the legal property owner's notarized signature(s)shall be deemed null and void, and will be returned to the applicant. STATE OF NEW YORK,COUNTY OF WESTCHESTER ) as: (--t rCA ,being duly sworn, deposes and states that he/she is the applicant above named, (print Arne of vidual signing as th plicant) and furthe tes th t (s)he s the legal owner of the property to which this application pertains, or that (s)he is the l V\Wt r" CC for the legal owner and is duly authorized to make and file this application. (indicate architect,contractor,agent,alto ,etc.) That all statements contained herein are true to the best of his/her knowledge and belief,and that any work performed,or use conducted at the above captioned property will be in conformance with the details as set forth and contained in this application and in any accompanying approved plans and specifications,as well as in accordance with the New York State Uniform Fire Prevention&Building Code,the Code of the Village of Rye Brook and all other applicable laws,ordinances and regulations. Sworn to before me this 21 Sworn to before me this day of r�:rCQInbey' , 20"2P day of , 20 Notary uAC /, Notary Public Signature of i erty O er Signature of Applicant Y� Print Name of Prog0ty Owner Print Name of Applicant NOGA RU77ENBERG Notary Public-State of New York NO..01RU6389065 Qualified in Westchester County My Commission Expires Mar 18, 2023 2 6/1/2020 �yE 3Rnv'� VILL QriR"S ` OOK 938 King S tz _ roit Y. 10573 (914)93 4► 7�a ( 9-5801 b ' 19l3 SITE PLAN SUBMITTAL REVIEW CHECKLIST This form shall serve as a checklist for site plan submittal and review by the Village of Rye Brook. The use of this plan review checklist by the applicant is to ensure compliance with the technical provisions of§209 of the Code of the Village of Rye Brook entitled, Site Plan Review, pertaining to preliminary and final plan preparation. The Village Code is available on the Village Website at: www.rvebrook.org. Prior to the appearance before ANY meeting or hearing of the Planning Board,the applicant must comply with all Notification Requirements of Code Section 250-40. SITE PLAN SUBMITTAL SHALL INCLUDE: 1. APPLICATIONS. Completed and signed including correspondences. 2. CHECKLIST. Completed and signed. 3. PLANS. Signed, Sealed & Dated. Four paper (4) copies and one (1) electronic version. One (1) record set with original signatures, dates and seals shall be provided and submitted with two (2) copies that clearly indicate the signatures,dates,and seals shown on the record set. 4. FEES: All application fees and Environmental fee. A separate check for filing fee and Environmental fee. 5. Environmental Assessment Form. Form available on the NYS DEC website and mapper. 6. Electronic Copy. Complete copy of all plans and shall be submitted electronically at time of submission. 7. Notarized idavit of Sign Posting&Mail Notification. (Applicant's signature)have read the Notification Requirements of Qbde S&n 250-40 d will provide notification as required. IDENTIFICATION OF APPLICANT(S): Identification of Applicant: City of Rye Applicant: City of Rye,do Greg Usry,City Manager Address: 105 Boston Post Road,Rye,NY 10580 Tel.#:914-967-7411 Fax: E-Mail: gusty@ryeny.gov Project Name: Upper Bowman Pond Tree Removals Project Address: 239 Bowman Pond(CR Route 104),Village of Rye Brook Current Property Owner: City of Rye Address: See above. Tel. #: Fax: E-Mail: IDENTIFICATION OF PROPERTY: Identifying Title: City of Rye Tax Designation: Section: 141.26 Block: 1 Lot: 2 Zoning District:R-10 Street which property abuts: Bowman Ave. Plan Submission Date: Site Plan Checklist Pagel of 7 6/1/2020 Project Address: Upper Bowman Pond,239 Bowman Ave. Y N NA PLANREOUIREMENTS 00 4 copies of plans prepared and signed by a registered Land Surveyor,Engineer or Architect. • O O One(1)electronic copy of all submitted plans and surveys. O • O Topographic Survey stamped by New York State Land Surveyor with license number and seal. O • O Topographic survey scale of one(1)inch per twenty(20)feet or larger. O O Section, block and lot numbers of the property taken from the latest tax records along with a copy of the most recent property card on file with the Town of Rye Tax Assessor's office. O O • Name of the proposed subdivision plan. • O O Name and address of the owner of record. O O Name and address of the applicant. O O Deed reference(s). • O O Names, addresses and signature of every Engineer, Architect, Land Surveyor or Soil Scientist whose professional seal appears on any site plan submitted to the Board. • O O North arrow and scale. O O Location map at the minimum scale of 1"equals 1,000 feet. O O Area of all lots,in square feet. O O Engineering notes on plans as stated in application packages. • O O Copies of all existing and proposed deed restrictions or covenants applying to the property, including,but not limited to, covenants and agreements restricting the use and establishing future ownership and maintenance responsibilities for all private roads,recreation,and open space areas. 00 Any prior land use approvals with respect to the subject property. 000 Date the plans were first drafted. Any revision(s)made to any of the sheets first submitted are to be so noted in the revision block. The revision block is to be placed on the originals of the revised sheets. Additional paper copies are to be made& submitted for the Planning Board&Building Dept.to replace those sheets previously submitted. 00 Other existing site improvements,including,but not limited to,fences,landscape or retaining walls,landscaping & screening. 00 Location of all buildings and structures on the premises and approximate location of all neighboring buildings or structures within 100 feet of the lot line.- See Abutting Property Information responses below O O • Fees paid to The Village of Rye Brook Building Department. • O O Any revisions to plans shall be identified with a revision cloud and numbered revision triangle Y N NA ABUTTING PROPERTY INFORMATION O O • The names and addresses of all abutting property owners within 250 ft as indicated in the Municipal records. O O • Zoning and use of abutting properties noted on plans. O O • Shape,size,height and location of existing buildings and driveways within one hundred(100)feet of the site. O O • Location and description of existing easements within one hundred(100)feet of the site. O O • Location of existing private or public trails within one hundred(100)feet of the site. O O • Location of existing roads,scenic roads and/or driveways within two hundred(200)feet of the site. O O • Location of proposed parkland.If none state nearest recreation facility O O • Location of existing septic system leach fields within two hundred(200)feet of the site. O O • Locations,dimensions,grades and flow direction of existing sewers,culverts,waterlines as well as other underground utilities within and adjacent to the property. Site Plan Checklist Page 2 of 7 6/1/2020 Project Address:—Upper Bowman Pond,239 Bowman Ave. 00 The location of all existing watercourses,intermittent streams,wetland areas and springs,consistent with the definitions set forth in Chapter 245,Wetlands and Watercourses,of the Code of the Village of Rye Brook. Y N NA PROPOSED SITE PLANINFORMATION 00 Sufficient, acceptable information to readily determine the location, bearing, and length of every street line, lot line, and property boundary line. 000 Location of all building setback lines. 00 Topographic data at a minimum contour interval of 2'-0"increments,showing existing and proposed contours on the property and extending a minimum of 25 feet into all adjacent properties. 00 The location and characteristics of the different areas of vegetation,including the identification of all individual trees 12 or more inches in diameter at breast height("DBH"),protected trees of any size,as well as stands of trees and wooded areas, within areas of proposed disturbance, consistent with the provisions of Chapter 235, Trees, of the Code of the Village of Rye Brook. • O O Location and proposed development of all buffer areas,including existing vegetative cover. 000 Location and description of any zoning district and municipal boundaries including a zoning compliance chart for the existing and proposed lots. O O • Shape,size,height and location of all existing and proposed buildings. O O • Location and description of any existing and proposed easements. O O Location and dimensions of all existing and proposed streets,driveways,sidewalks,parking spaces,bicycle parking, loading areas and other facilities associated with the proposed use. O O • Identification of the location and amount of building area proposed for retail sales or similar commercial activity. • O O Location of existing and proposed utilities(water,sewer,gas,electrical,telephone,oil tank etc.). O O • Design and location of all existing and proposed wells,septic tanks and leach field systems,or methods of waste water disposal. • O O Location,type and size of all existing and proposed landscaping and screening including fences and walls. O O • Location,size and proposed screening of outdoor storage areas,if any. O O • Location, design and construction material of all existing or proposed site improvements, including drains, culverts, retaining walls,landscape walls and fences. O O • Exterior lighting plan and proposed signs to be located on site,including sign orientation,size,height,and elevation view. O O • Storm drainage plan and plans for snow removal and storage. O O • Pedestrian and automobile circulation plan. O O • Construction drawings for pavements,walks,steps,curbing,drainage&other structures associated with the proposed use. O O Erosion and sedimentation control plan,including installation details of proposed control measures,directive construction notations and a schedule for the installation and maintenance of proposed control measure. O O Description of measures planned to assure proper erosion and sedimentation control in accordance with the requirements of Chapter 118 entitled"Erosion and Sediment Control,"of the Code of the Village of Rye Brook. 00 • Drawing and computation for storm water detention design for a 25-year storm in accordance with the Westchester County Best Management Practices O O Rock outcroppings and areas of steep slope consistent with the definitions set forth in Chapter 213,Steep Slope Protection, of the Code of the Village of Rye Brook. O O Location of any common lands and/or public lands. O O Phasing or an estimated project construction schedule. 00 • Supporting documents,including deeds,maintenance,condominium agreements,etc. Site Plan Checklist Page 3 of 7 6/1/2020 Project Address:Upper Bowman Pond,239 Bowman Ave. 000 Location of proposed construction or area of disturbance and its relationship to oy property line, easement, building structure, road, wall, fence, sewage disposal system, well, wetland feature or tree exceeding six inches in diamete measured at a height of four feet from the ground 00 Estimate of earthwork showing the quantity of any material to be imported to and/or removed from the site including a chart with the number/species and size of any trees to be removed. O O • Location and size of areas of soils by soil types in the area of proposed disturbance and to a distance of 100 feet surrounding the area of disturbance. 00 Cross sections of steep slope areas. O O • Retaining walls or like constructions,with details of construction. 000 Approximate boundaries of any areas subject to flooding or stormwater overflows,including areas of special flood hazard and coastal high-hazard areas, consistent with the definitions set forth in Chapter 130, Flood Damage Prevention, of the Code of the Village of Rye Brook.Approximate Wetlands and wetland buffer boundaries shall be clearly delineated. 000 Location of fire and other emergency zones,including the location of fire hydrants. 000 Studies to include,but not necessarily limited to: environmental impact analysis,wildlife,traffic,stormwater management,recreation,public service,fiscal impact,visual impact and historic significance documentation,or a written request to waive the submission requirements for these studies. 000 Amount of any bonds required. O O • Amount of excavated material to be removed from site,if any. Y N NA OTHER(as applicable) 00 Record of application for and approval status of all necessary permits from state and county officials and local utility companies. 00 Identification of any federal,state or county permits required for the project's execution,including project referrals, if any,&environmental review procedures mandated by Article 8,Environmental Quality Review,of the Environmental Conservation Law(SEQRA). O O O Any other information felt necessary by the Planning Board to allow the Board to proceed with consideration&to make an informed decision. DEVELOPMENT REVIEW CHECKLIST WESTCHESTER COUNTYPLANNINGBOARD Notice to Applicants/Developers: At some point during the development review process your project may be referred to the Westchester County Planning Board for review and comment in accordance with state and county laws that require local planning boards, zoning boards of appeals and governing bodies to refer certain development applications to the County Planning Board. Referral to the County Planning Board may not occur until your project has progressed well along through the design process. Since the Planning Board's comments may impact project design,this checklist is provided to encourage early consideration of these areas of concern by applicants to avoid project changes later. For information on the County Planning Board review process and to access an electronic copy of this checklist, go online to www.westcbestergov.com/planningreferrals or contact Lukas Herbert at lah5@westchestergov.com. I.COUNTY PLANNING BOARD POLICIES: Written policies underlie all recommendations of the County Planning Board. Westchester 2025-Context for County and Municipal Planning and Policies to Guide County Planning,adopted by the County Planning Board on 5/6/08,amended 1/5/10,can be found at ww.westchestergov.com/2025. ❑Westchester 2025:Policies should be reviewed to determine how they relate to the development proposal. H.UWPACTS TO COUNTY FACILITIES AND SERVICES: The County Planning Board coordinates the review of development projects with Westchester County departments to identify and address potential impacts on County services and infrastructure.In some situations,permits and approvals may be required that could change project design. Site Plan Checklist Page 4 of 7 6/1/2020 Project Address:Upper Bowman Pond,239 Bowman Ave. ❑ Map of County Facilities: Review the State & County Roads and Parks map annel lines)to identify proximity to County facilities at: www.westchestergov.com/planningdocs/pdfinaps/countystateroadsparks.pdf. Other useful map links for information about environmental features, septic/sewer map, county sewer districts map, etc can be found at: www.westchestergov.com/maps ® COUNTY ROAD: Applications for development on sites that abut a County road must be submitted for review by the County Department of Public Works. Information and forms can be found at: www.westchestergov.com/dpw/bidgperm.htm. Former County Roads do not need review by the Department of Public Works,but will still likely trigger a review by the County Planning Board. ❑ COUNTY CHANNEL LINES: Applications for development on sites within 100 feet of a designated County Channel Line require a stream control permit from the County Department of Public Works. Information and forms can be found at: W"WW.westchestergov.com/dpw/bidgperm.htm ❑ COUNTY PARK: New construction &land alteration projects adjacent to County parks are expected to address screening& buffer of new uses from the park, as appropriate. Stormwater should not drain from a developed site onto a County park without acceptable quantity and quality controls.County parks are designated as Critical Environmental Areas. ❑ SEWAGE TREATMENT AT COUNTY TREATMENT PLANT: Local municipalities are required to reduce and eliminate inflow and infiltration(I&I)into the sanitary sewage systems tributary to County treatment plants.New development will be expected to reduce I&I in relation to generation of new flow at a ratio of three to one. This requirement must be discussed with local officials. ❑BEE-LINE BUS SERVICE: Bee-Line bus stops serving a development site should be identified on plans or noted if located off-site. If a bus stop is located along the site's frontage, the applicant should contact the County Department of Transportation to discuss impacts and the need for improvements. Safe and separate pedestrian access should be provided to link a bus stop and sidewalk with building entrances. Information on County bus service and design guidelines can be found at: westchestergov.con/transportation/images/Bus%20Service%2OGuideline s.pdf ❑FAIR AND AFFORDABLE HOUSING: Many municipalities require inclusion of fair & affordable units in new developments. Financial assistance to achieve fair & affordable housing development is available through Westchester County & other sources. Applications that include new residential units to be affirmatively marketed & sold or rented subject to fair& affordable housing provisions should be tied to Westchester County guidelines on affordability including income guidelines of eligible households that can be found at: http://homes.westchestergov.com/. If County funding is sought to develop fair & affordable housing,the County Board of Legislators must be included as an involved agency under SEQR. ❑RECYCLING: New buildings must contain a designated area of sufficient size for separation and storage of recyclables and trash. Building expansions should also include sufficient space for separation and storage of recyclables. For more information about County recycling requirements go to:www.westchestergov.com/environment_yecycling.htm El STORM SEWER SYSTEM: Any connections to a County storm sewer line will require a permit from the Department of Public Works in accordance with the County Illicit Discharge Detection and Elimination (IDDE) law. Information & forms can be found at:www.westchestergov.com/dpwibldgperrn.htm Non-stormwater discharges to the County storm sewer system are prohibited. III.DEVELOPMENT STANDARDS The County Planning Board's land use policies focus attention on several aspects of development that may have intermunicipal and quality of life impacts.The list below includes areas most frequently commented on by the County Planning Board. ❑WATER: All development plans should include sufficient provisions for stormwater management, water quality measures and mitigation of flooding. ❑Plans should identify the major drainage basin or watershed the site is located in (Croton River, Upper Hudson River, Lower Hudson,Upper Long Island Sound, Bronx River and Lower Long Island Sound). An interactive map with watershed boundaries can be found at www.westchestergov.con/planning/maps&lists/drainbasinsl 1x17.html ❑Watershed plans have been developed for several of the County's watersheds - the Croton, Indian Brook-Croton Gorge, Bronx River & Long Island Sound watersheds - that include specific recommendations that apply to development projects. See recommendations in watershed plans at:planning.westchestergov.com/index.php?option=com_content&task=view&id= 1231& Itemid=2204 Site Plan Checklist Page 5 of 7 6/1/2020 Project Address:Upper Bowman Pond,239 Bowman Ave. ❑Development that involves filling, creation of impervious surfaces or buildings and substantive loss of natural vegetation in , floodplain or flood prone area should be avoided. ❑Above ground,vegetated retention/detention basins or devices are preferred because they perform better, are easier to inspect and maintain and provide additional environmental benefits over subsurface structural devices. Any such treatments should not be constructed within wetlands or buffer areas around wetlands. El The development should treat and retain as much stormwater on-site as possible,particularly when the site is located in a drainage basin with known flooding problems. A Construction Stormwater Toolbox with tools and sources of technical information related to the construction activities and stormwater management best practices is available from the New York State Department of Environmental Conservation at:www.dec.ny.gov/chemicaU8694.html ❑New development should include protection of aquatic resources. For more information about protection of aquatic resourc-es & buffer areas,go to:planning.westchestergov.con/index.php?option=com content&task=view&id=1491&Itemid=2458 El Impervious cover should be minimized. Permeable paving surfaces should be used where feasible.Vegetative rain gardens should be used,particularly in areas of overland or channelized stormwater flow,to improve stormwater quality and reduce runoff volume. For more information,go to: www.westchestergov.com/stormwater ❑Buildings along coastlines and low lying area should consider the impacts of sea level rise. Specific consideration is required of potential impacts to surface and subsurface drinking water supplies. ❑ SITE LAYOUT.Aesthetic design,building orientation and community character should be considered in the site layout and building appearance. ❑In most locations,buildings should face the street and have pedestrian access from the street. ❑Commercial buildings should be located near the front street line with the majority of parking located in the rear of the building. Even gas stations and convenience stores should be upfront in a landscaped setting with parking,pumps and canopy toward the rear. ❑Buildings should be of pedestrian-scale when seen from the sidewalk. ❑Building facades should contribute to and enhance the character of the community. El Driveway and pathway connections should be provided to adjacent sites when possible and crosseasements provided. ❑ STREETS.Street design should reduce unwarranted paving and promote connectivity. ❑New streets should connect with adjacent streets wherever feasible to prevent the proliferation of dead-end streets and promote neighborhood integration. ❑Connections could be vehicular or pedestrian/bicycle only,where appropriate. ❑Street widths should be minimized for streets with low traffic volume to reduce speeds and impervious surfaces. Lane widths of 12 feet are only appropriate for major roadways. ❑Driveway widths should be no more than 9 feet to reduce impervious surfaces. ❑Permeable paving surfaces should be used where feasible. ❑ GREEN TECHNOLOGY.New development should include as many green building elements as possible,such as:renewable building materials,energy efficient heating/cooling systems and fixtures,water saving devices,green roofs and permeable paving surfaces.Information can be obtained from the U.S.Green Building Council at:www.usgbc.org. ❑ LANDSCAPING AND LIGHTING.The site improvements should enhance community character. Site Plan Checklist Page 6 of 7 6/1/2020 Project Address:Upper Bowman Pond,239 Bowman Ave. ❑ Landscaping should consist of native plant species appropriate for the location.Invasive plant species should be prohibited. Invasive plant information available at: www.westchestergov.com/planning/environmental/Reports/InvasivePlantsBroch08.pdf ❑ Pollutant tolerant plantings should effectively shield parking,loading areas and refuse collection sites. ❑ Site lighting should be provided at the lowest safe levels and lowest heights,avoiding all spillage off site. ❑ PEDESTRIANS. Safe,convenient and ADA accessible pedestrian access is provided. ❑ A sidewalk should be provided along the site frontage along each street. ❑ Direct pedestrian connections should be made from the front of the building to the sidewalk.Pedestrian crossings of drive-ways& parking lots should be minimized or avoided. If they must be provided,painted crosswalks should be provided through parking lots. ❑ ADA accessibility must be provided. ❑ BICYCLISTS.Provisions for bicyclists should be incorporated into project design. ❑ Bicycle parking should be provided in commercial and residential developments.Guidelines can be found at: www.apbp.org/resource/resmgr/publications/bicycle_parking_guidelines.pdf ❑ If near a trailway or bicycle route,extra consideration should be given to bicycle accessibility such as bike lanes on internal roadways,bicycle parking and other amenities. ❑ Drive-thru lanes at uses such as banks and fast-food restaurants should also be accessible for bicycles. Waiver: Upon finding by the Building Inspector, Village Engineer, Planning Board or Board of Trustees that, due to the particular character or limited nature of development or change in use or to special conditions peculiar to a site,the submission of a final site plan, or certain portions of information normally required as part of the site development plan, is inappropriate or unnecessary or that strict compliance with said submission requirements will cause extraordinary and unnecessary hardship, such official or Board may waive such submission requirements wherever,in the opinion of such official or Board, such waiver will be consistent with the goal of promoting the public health, safety and general welfare of the community. The findings for granting such waiver shall become a part of the public record. Any waiver request must be made in writing, and include sufficient detailed information for the appropriate authority to make an informed decision. Deshm Professional's Certification of Completion of Checklist I have fully reviewed the Village of Rye Brook's requirements and certify this application to be a complete submission. I understand that an incomplete plat or incomplete checklist shall be deemed an incomplete submission and shall be returned to the applicant upon determination of such by the appropriate authority. Name (Print) Douglas M. Crawford ��aF tvEvt,r Signature �FOo 066649 Date 12/22/2020 'QOF�ss�a�A Professional Seal Site Plan Checklist Page 7 of 7 6/l/2020 NEWYORK DASNY STATE OF OPPORTUNITY ANDREW M. CUOMO ALFONSO L. CARNEY, JR. REUBEN R. MCDANIEL, III Governor Chair President&CEO February 18, 2021 Village of Rye Brook Board of Trustees 938 King Street Rye Brook, New York 10573 Re: DASNY/GOSR Upper Bowman Pond Clearing Project 250 Bowman Avenue, Purchase, New York 10577 TAX ID—Section 141.26, Block 1, Lot 2 Dear Mayor Rosenberg and Trustees, This letter is being submitted on behalf of the City of Rye (the applicant) regarding a resolution that was adopted by the Village's Planning Board on February 11 granting approval for site plan and wetland permit applications for the above referenced project. The project is being delivered by the Dormitory Authority(DASNY) using Community Development Block Grant funds that were allocated to the city by US Housing and Urban development under the New York Rising Program. The Governor's Office of Storm Recovery is responsible for distributing the funds and for ensuring that funds are spent in accordance with federal requirements. Item 2 of the resolution requires that the applicant submit payment to the Village's Street Tree Fund pursuant to Chapter 235 of the Village Code in an amount determined by the Village Engineer/Superintendent of Public Works based on the License and Fee Schedule of the Village of Rye Brook to compensate for the removal of 12-15 regulated trees. Due to funding restrictions, DASNY is seeking relief from this requirement. Payment into a fund is considered ineligible under the Program, pursuant to federal guidelines. Therefore, DASNY respectfully requests that your board waive this requirement. Respec u y submitted, Ji$�7 ulivan, PE Engineer, Downstate Design ALBANY(HEADQUARTERS):515 Broadway,Albany,NY 12207 1 518-257-3000 DORMITORY AUTHORITY STATE OF NEW YORK BUFFALO:539 Franklin Street,Buffalo,NY 14202 1 716-566-4400 WE FINANCE, DESIGN &BUILD ROCHESTER:3495 Winton Place,Building C,Suite 1, Rochester,NY 14623 1 585-461-8400 NEW YORK'S FUTURE www.dasny.org • w � ester Westchester County Planning Board Referral Review . Com Section 277.61 of the County Administrative Code Pursuant to Section 239 L,M and N of the General Municipal Law and �. George Latimer D F� E U ,\\`//� _� County Executive February 5, 2021 , Sarah Brown, Consulting Planner FEB -5 2021 Rye Brook Village Hall VILLAGE OF RYE BROOK 938 King Street BUILDING ff-°ARTPAENT Rye Brook,NY 10573-1226 County Planning Board Referral File RYB 21-001 —Upper Bowman Pond Tree Removal Project 280 Bowman Avenue Site Plan Approval Dear Ms. Brown: The Westchester County Planning Board has received a site plan(dated revised December 7, 2020) and related materials for the above referenced application to remove up to 75 unhealthy or dead hazardous trees from the area surrounding Upper Bowman Pond and its associated dam. The project is intended to reduce the potential for woody debris to affect the functionality and integrity of the dam as well as to enhance the aesthetic nature of the property and improve access to the pond and dam.Although the pond is located in the Village of Rye Brook and the Town/Village of Harrison, it is owned by the City of Rye. We have reviewed this matter under the provisions of Section 239 L,M and N of the General Municipal Law and Section 277.61 of the County Administrative Code and we offer the following comments. 1. County stream control permit. Blind Brook, which is the dammed watercourse that feeds Upper Bowman Pond, is a County stream channel. A County Stream Control Permit will be required from the Westchester County Department of Public Works and Transportation as part of the approval process for this project. The applicant must contact the County Department of Public Works and Transportation for this review and the applicant should submit a full set of plans that include erosion control and stabilization details at the time of application. A stormwater pollution prevention plan (SWPPP) must also be submitted along with information concerning all state and federally regulated wetlands. 2. County road. Because Bowman Avenue is a County road (CR 104), approval for this work from the Westchester County Department of Public Works and Transportation under Section 239 F of the General Municipal Law is required. Please inform us of the Village's decision so that we can make it a part of the record. 432 Michaelian Office Building 148 Martine Avenue White Plains,New York 10601 Telephone: (914)995-4400 Website: westchestergov.com Referral File No.RYB 21-001—Upper Bowman Pond Tree Removal Project,280 Bowman Avenue February 5,2021 Page 2 Thank you for calling this matter to our attention. Respectfully, WESTCHESTER COUNTY PLANNING BOARD By: / Norma V. Drummond Commissioner NVD/LH cc: Jeffrey A.Dean,Senior Engineer(Civil),County Department of Public Works and Transportation Michael Dispenza,Contract Administrator,County Department of Public Works and Transportation Kevin Roseman,Traffic Engineer,County Department of Public Works and Transportation Hardesty 555 Theodore Fremd Ave.,Suite C-301 Rye, NY 10580 &Hanover T:914.967.6540 www.hardestyhanover.com MEMORANDUM D � (: , I—S To: Robert I. Goodman, Chairman, and the JAN 1 4 2021 Planning Board of the Village of Rye Brook VILLAGE OF RYE BROOK Date: January 8, 2021 1 BUILDING DEPARTPJ NT Subject. Upper Bowman Pond Tree Removal Project— 250 Bowman Avenue—Application for Approval of a Site Plan and Wetland Permit As requested, we have reviewed applications, correspondence and plans submitted by Andy Mavian, AICP, on behalf of the property owner, City of Rye, for approval of a Site Plan and Wetlands Permit for the removal of unhealthy and dead hazardous trees to protect Bowman Dam on the property located at 250 Bowman Avenue, SBL 141.26-1-2 on the Town of Rye Tax Map, in the R-10 Zoning District. Property Description Upper Bowman Pond is owned by the City of Rye and is partially located within the Village of Rye Brook. The property is accessed from an existing driveway within the Village. Review We have reviewed application materials and plans that include the following items: 1. Application for Site Plan Approval; 2. Site Plan Submittal Review Checklist; 3. Wetlands Permit Application; 4. Tree Removal Permit Application; 5. A report entitled, "Wetland and Stream Delineation Report," dated November 2019, prepared by Environmental Design & Research; 6. The following engineering plans generally entitled, "Bowman Pond Clearing Design" prepared O'Brien & Gere Engineers, dated 12/7/20: a. Sheet G-000, "Title Sheet," b. Sheet C-100, "Existing Site Plan;" C. Sheet C-101, "Construction Site Plan;" d. Sheet C-501, "Details." Hardesty &Hanover engineering that moves you Please note that our review is limited to planning and environmental issues. We offer the following comments regarding the application: 1. SEQRA. The Proposed Action is a Type II action with regard to SEQR as determined by the Governor's Office of Storm Recovery. 2. Tree Replacement. Based on the Construction Site Plan and Tree Removal Table, it appears that 12 to 15 regulated trees are proposed to be removed. It is unclear how many regulated trees are to be removed from Location 43 from in the information provided in the Tree Removal Table. Pending review by the Village Superintendent of Public Works, removal of the 12 regulated trees will require installation of 12, new, 2 to 2.5-inch caliper shade tree. The Applicant has requested that a waiver be granted from the tree replacement requirement because replacing the trees near the dam may result in future impacts to the dam. The Applicant is proposing to plant trees in alternate areas along the driveway and further away from the dam. However, the plan does not note the quantity of trees to be planted. We question how many trees that Applicant is requesting a waiver from planting. 3. Wetlands and Wetland Buffers. The proposed work within the wetlands and wetland buffer for removal of the unhealthy and dead hazardous trees and the installation of temporary stream crossings requires review by the Planning Board for compliance with the regulations of Chapter 245 of the Village Code, and issuance of a Wetlands Permit. It appears that there will be approximately 8,072 square feet of temporary physical disturbance to the wetland. The amount of mitigation required is based on the area of physical disturbance. We question if there are any invasive plant species on the site that could be removed as part of any mitigation. We look forward to discussion with the Board. Sarah L. Brown, AICP Senior Planner cc: Honorable Mayor and the Village Board of Trustees Christopher Bradbury, Village Administrator Michal Nowak, Superintendent of Public Works/Village Engineer Jennifer L. Gray, Esq., Village Attorney Andy Mavian, AICP, the Applicant Y:1SharedlOfficesWYR\Data\Documents\DOCS21500\RyeBrookA979.03 250 Bowman Ave pmet.docx Environmental Design&Research, Landscape Architecture,Engineering&Environmental Services,D.P.C. • 41 State Street, Suite 806,Albany, New York 12207 ' P.518.451.9150 • www.edrdpc.com January 8, 2021 I JAN — 8 2021 L� Village of Rye Brook Planning Board VILLAGE OF RYE. BROOK 938 King Street BiIILDING PF—PARTr,11ENl- Rye Brook, NY 10573 Sent by email to:tgerardi@ryebrook.org RE: Upper Bowman Pond Tree Removal Project(tax parcel: 141.26-1.2) Dear Ms, Gerardi: I attest that on January 7, 2021 a public meeting sign was posted at the driveway of the above referenced property on Bowman Avenue notifying the public about the upcoming January 141h Planning Board meeting for the proposed project. Date stamped photographs of the posted sign were emailed to the Village of Rye Brook on January 7, 2021. The notification was completed in accordance with the Rye Brook Code Chapter 250-40. Sincerely, STATE OF NEW YOM y. � 44� i/ COUNTY a ON THE' DAY OF �L CAME •BEFORE ME PERbWLLY TOME KNOWN TO BE THE INDIVIDUAL Andy Mavian,AICP pEgCR, IN,AND WHO EXECUTED,THE FOREGOING INSTRUMENT„ Environmental Project Manager ANcACKN0WLEDGEDTHATHEISH cECUTED THE SAME, k 0 Q Q n�(W1A NOTARY Pusuc C.C., James Sullivan, DASNY MICHELLE C PRIMEAU Brian Platt, PE, Ramboll Notary Public,State of New York No.01 PR6384235 Quaiified in Schenectady(--ountv Commission Expires Dec. 10.20 r 1 Landscape Architecture • Water/Wastewater Engineering • Civil Engineering • Regulatory Compliance J Ecological Resource Management Cultural Resource Management Visual Impact Assessment Community Planning JAN - 7 2021 ,.•' � - -..sue" - ♦ ;� :!. 14, Zs _ - ,C, �, R _y f s 4 i V O rr Environmental Design &Research, Landscape Architecture, Engineering&Environmental Services, D.P.C. • 41 State Street, Suite 806, Albany, New York 12207 1 P.518.451.9150 • www.edrdpc.com p E� � � n DEC 2 8 2020 ' L December 22,2020 VILLAGE OF RY11 BROOK BLJILF�ING 0(-PARTf 1EN-1 Mr. Michael Izzo, Building Inspector Village of Rye Brook 938 King Street Rye Brook, NY 10573 RE: Upper Bowman Pond Tree Removal Project: Site Plan, Wetland Permit, and Tree Removal Permit Applications,Village of Rye Brook tax parcel: 141.26.1-2(approximately 10.54-acre lot) Dear Mr. Izzo: On behalf of the City of Rye, please find 12 copies enclosed for your review of the Site Plan,Wetland Permit,and Tree Permit applications and supporting materials for the above referenced project. Provided below is a SharePoint link to the digital files of the enclosed information. SharePoint Link: htttps://edreo.sharepoint.coml:f:/s/EDRProiects/Eh3ExOK8EOBMh PIgSdBsmQB- Zt2KXFpbFOlhgcvNLltl A?e=xBZBdF Upper Bowman Pond is owned by the City of Rye and is partially located within the Village of Rye Brook(Village) and the TownNillage of Harrison. The property is accessible via an existing driveway on Bowman Avenue (County Route 104)in the Village of Rye Brook.The City of Rye is proposing to clear up to 75 unhealthy or dead hazardous trees(the Project) within the Village tax parcel 141.26-1-2. The Project is intended to reduce the potential for woody debris to affect the functionality and integrity of the Bowman Avenue dam, enhance the aesthetic nature of the property and improve access to the pond and dam. The proposed maintenance activity will remove upstream natural hazards that could damage or compromise the dam which provides flood protection benefits to downstream communities. The stumps and roots of removed trees will be left in place and no excavation, dredging or filling is proposed. The use of wetland matting and the installation of erosion and sediment control measures are proposed to ensure that the temporary activity will not result in wetland or stream impacts. It is noted that in November 2020,the U.S.Army Corps of Engineers(USACE)issued a Nationwide Wetland Permit and the NYS Department of Environmental Conservation issued a Water Quality Certification for the Project. The funding source for the Project is the U.S. Housing&Urban Development's(HUD)Community Development Block Grant (CDGB) Disaster Recovery Funding authorized by US Senate in 2015. The vehicle through which funding is being allocated is the Governor's Office of Storm Recovery (GOSR), and the agency managing the Project is the Dormitory Authority State of New York (DASNY). The potential federal funding available to support this Project is contingent upon receiving timely approval of federal, state and local permits. To secure the federal funding before it expires on September 30, 2022, and the Project is targeted to be initiated in late spring 2021 in order to provide a reasonable time period for closeout requirements. The Project was determined by the GOSR to be a SEQRA Type II action. A copy of this determination is provided with the correspondence. Landscape Architecture WaterMastewater Engineering Civil Engineering • Regulatory Compliance Ecological Resource Management Cultural Resource Management Visual Impact Assessment • Community Planning Michael Izzo December 22, 2020 On December 31d, 2020, the Project team participated in a pre-submission virtual meeting with Village officials and consultants to discuss the Project and the necessary Town permitting requirements. During this meeting it was determined the Project requires Site Plan Approval, a Wetland Permit, and a Tree Removal Permit. Based on our understanding, the Planning Board will serve as the approving authority for each of these permit applications. Additionally,the Project requires a Stormwater Management Control Permit Application to be sent to Village Engineer under a separate cover. Sincerely, Andy Mavian,AICP Environmental Project Manager Attachments: 1. Figures 1-6 2. Engineering Design Plan Set 3. Site Plan application 4. Wetland application 5. Tree Permit application 6. Correspondence 7. 2020 Town of Rye Property Card, Prior Village Approval, and Proof of Ownership 8.Wetland Report 9. USACE Nationwide Wetland Permit and NYSDEC Water Quality Certification C.C., Chris Bradbury, Rye Brook Village Administrator, Greg Usry, City of Rye, Ryan Coyne, City of Rye, James Sullivan, DASNY, Scott Frisa, GOSR Brian Platt, Ramboll, Carolyne Bean, EDR CEnvironmental Design & Research, Landscape Architecture, Engineering& Environmental Services, D.P.C.J Page 12 r t '►�° A� : 'r it yam■ w. 1 1. 1 1 � ``"�► li 411 Ilk 40 OWN � .••,�, ram. •iW!;•Yx' mL AO ► i fir �` !- , ,� I 1i' •jam��J�:�wo r a a LU O4t W o W J � g � co aNZ m y gg oC�Ji iCn •, VUE cn 11 d n m v Z rL f3S fiu L it v a 4 a m m a w cr > > m ¢ w A m M W 91 < Z Z Z Z Z b Z$ c c K m a m a m m m # 0. sm 3m m rn ma) r7 rn <J J cJ a. cr H x �ciJ+ n N A. N E 0 n of N Li 0 N N ,v m Ln li U ®� �e CS d 0 N a- L V O lb a) U Lyy co a C o a C VJ G 0 vVEi g o w Y U ? Q Z (V E c mrn 0- N O a` CLOI mo N cn a a) v Y h a) C 1 U F- _ N O R N a c0 E ca d Z.f a m `o O .. d m ¢ 0 m C O N a d o _ m (O N e+f R s y Q C R ec 0 a�uJ0 eSl E a tr 3 m c 3 � o o �es O .R E=(D 3 CDN L V / C V ` L T v o 1. 135.82-1-2 760-800 Owner LLC PO Box 349 White Plains, NY 10605 2. 135.82-1-2.2 760-800 Owner LLC PO Box 349 White Plains,NY 10605 3. 135.82-1-2.1 760-800 Owner LLC PO Box 349 White Plains, NY 10605 4. 135.82-1-2.3 760-800 Owner LLC PO Box 349 White Plains,NY 10605 5. 141.25-1-1 Phoenix Capital Partners, LLC 287 Bowman Avenue. Purchase, NY 10577 6. 141.26-1-2 City of Rye 1051 Boston Post Road Rye,NY 10580 7. 135.82-1-1 Port Chester-Rye UFS District#4 Board of Education PO Box 246 Port Chester, NY 10573 8. 141.26-14 The Point Development Group LLC 177 Golden Pond Lane Fairfield,CT 06824 9. 141.26-1-1 Rye Ridge Park LLC Win Properties Inc. 10 Rye Ridge Plaza, Suite 200 Rye Brook, NY 10573 10. 141.26-1-1.2 Westchester County Department of Transportation Airport Division, Room 900 100 E. First Street Mount Vernon, NY 10550 11. 141.26-1-3 Westchester County Department of Transportation Airport Division, Room 900 100 E. First Street Mount Vernon, NY 10550 Ma # Parcel# Property Address Mailing Address 1 135.82-1-2 760-780 Westchester Avenue 760-800 Owner LLC Rye Brook, NY 10573 PO Box 349 White Plains, NY 10605 2 135.82-1-2.2 760-800 Westchester Avenue 760-800 Owner LLC Rye Brook. NY 10573 PO Box 349 White Plains, NY 10605 3 135.82-1-2.1 760-800 Westchester Avenue 760-800 Owner LLC Rye Brook, NY 10573 PO Box 349 White Plains, NY 10605 4 135.82-1-2.3 760-800 Westchester Avenue 760-800 Owner LLC Rye Brook, NY 10573 PO Box 349 White Plains, NY 10605 5 141.25-1-1 287 Bowman Avenue Phoenix Capital Partners, LLC Rye Brook, NY 10573 287 Bowman Avenue Purchase, NY 10577 6 141.26-1-2 Bowman Avenue City of Rye Rye Brook, NY 10573 1051 Boston Post Road Rye, NY 10580 7 135.82-1-1 113 Bowman Avenue Port Chester-Rye UFS District#4 Rye Brook, NY 10573 Board of Education PO Box 246 Port Chester. NY 10573 8 141.26-1-4 1-10 The Pointe The Pointe Development Group LLC Bowman Avenue 177 Golden Pond Lane Rye Brook. NY 10573 Fairfield. CT 06824 9 141.26-1-1 Bowman Avenue Rye Ridge Park LLC Rye Brook, NY 10573 Win Properties Inc. 10 Rye Ridge Plaza, Suite 200 Rye Brook, NY 10573 10 141.26-1-1.2 Bowman Avenue Westchester County Department of Transportation Airport Division, Room 900 100 E. First Street Mount Vernon, NY 10550 11 141.26-1-3 Bowman Avenue Westchester County Department of Transportation Airport Division, Room 900 100 E. First Street Mount Vernon. NY 10550 PUBLIC NOTICE UPPER BOWMAN POND TREE REMOVAL PROJECT 239 BOWMAN AVENUE, TAX PARCEL 141 .26.1 .2 A PUBLIC HEARING FOR A SITE PLAN APPLICATION AND WETLAND PERMIT APPLICATION WILL BE HELD BY THE RYE BROOK PLANNING BOARD ON FEBRUARY 11TH, 2021 AT 7:30 P.M. VIA VIDEO CONFERENCE AND IN PERSON, IF PERMITED BY THE GOVERNOR'S EXECUTIVE ORDERS, AT THE RYE BROOK VILLAGE HALL, 938 KING STREET ADDITIONAL INFORMATION IS AVAILABLE AT THE RYE BROOK BUILDING DEPARTMENT (914) 939-0668 Ip Environmental Design & Research, Landscape Architecture, Engineering&Environmental Services, D.P.C. FEB —2 2021 • 41 State Street, Suite 806. Albany, New York 12207 VILLAGE OF RY` BROOK P. 518.451.9150 • www.edrdpc.com BUIL_nING I�F'PART1'AENT January 28, 2021 Village of Rye Brook Planning Board 938 King Street Rye Brook, NY 10573 Sent by email to:tgerardi@ryebrook.org RE: Upper Bowman Pond Tree Removal Project(tax parcel; 141.26-1-2) Dear Ms. Gerardi: I attest that on January 21, 2021 a Public Hearing sign was posted at the driveway of the above referenced property on Bowman Avenue notifying the public about the upcoming February 11th Planning Board meeting for the proposed project. Date stamped photographs of the posted sign were emailed to the Village of Rye Brook on January 25, 2021. Further, I attest that on January 28, 2021 the Public Hearing Notices were mailed via the U.S. Postal Service to the property addresses located within 250 feet of the project site parcel as indicated on the map emailed to the Village of Rye Brook on January 25, 2021. These notifications were completed in accordance with the Rye Brook Code Chapter 250-40. Sincerely, Andy Mavian, AICP Environmental Project Manager C.C., James Sullivan, DASNY Brian Platt, PE, Ramboll CHFRYL L. c-'!-;NE-!T=R Notary P r,i!c, S ::;> Ct h;ew York P! 01.`(• 214t")r^•4 n mlifi—i in 5chenec''i,.iv t,ounty ,-nis3ion Expires 12 21i 2A Landscape Architecture Water/Wastewater Engineering Civil Engineering Regulatory Compliance 1 Ecological Resource Management Cultural Resource Management Visual Impact Assessment • Community Planning J J^ -\mil s4 ..�l .pit�'..�. ;/-c—x4 UI ,jx �I1.1 � �% '�:1�:�.i'^ —.-�l:''F- ... :}':�-. 1.�;t�.n.} �. ,. ��li .-•�1,,`.o, :�Je "�.' t.r''� - i `i- • �•�� f,._ Ir1 c� \2' x)1 1E• ..r '. ;,r.. :lr �jh'. ? :ri,.c ILf'n;`�{ nli,l i�1J.: 'I •-> !�l•!'�<l� ,'��.�L }' .. BOG 11f j'�G S. "Wit.., . . . C�.'�I�-h.'•� ;,. ._ ,:�, ,. .; t,. ''S.; 14;' UA a Environmental Design & Research, Landscape Architecture, Engineering&Environmental Services. D.P.C. . 41 State Street, Suite 806, .Albany, New York 12207 ' P.518.451.9150 • www.edrdpc.com January 28, 2021 JAN 2 8 2021 VILLAGL OF F,YL" BrROOK Village of Rye Brook Planning Board BUILDING F FPAFRTr.!F:NT- 938 King Street -- -- - - Rye Brook, NY 10573 Sent by email to:tgerardi@ryebrook.org RE: Upper Bowman Pond Tree Removal Project(tax parcel: 141.26-1-2) Dear Ms. Gerardi: I attest that on January 21, 2021 a Public Hearing sign was posted at the driveway of the above referenced property on Bowman Avenue notifying the public about the upcoming February 11t' Planning Board meeting for the proposed project. Date stamped photographs of the posted sign were emailed to the Village of Rye Brook on January 25, 2021. Further, I attest that on January 28, 2021 the Public Hearing Notices were mailed via the U.S. Postal Service to the property addresses located within 250 feet of the project site parcel as indicated on the map emailed to the Village of Rye Brook on January 25, 2021, These notifications were completed in accordance with the Rye Brook Code Chapter 250-40. Sincerely, Andy Mavian,AICP Environmental Project Manager C.C., James Sullivan, DASNY Brian Platt, PE, Ramboll Larascape Architecture Water.Wastewater Engineering Civil Engineering Regulatory Compliance Ecological Resource Management Cultural Resource Management Visual Impact Assessment • Community Planning �yE DR 40t* awtiuemowV VILLAGE OF RYE BROOK MAYOR 938 King Street,Rye Brook,N.Y. 10573 ADMINISTRATOR Jason A.Klein (914)939-0753 Christopher J.Bradbury www.ryebrook.org TRUSTEES SUPERINTENDENT Susan R. Epstein OF PUBLIC WORKS Stephanie J. Fischer Michal Nowak David M.Heiser Salvatore W.Morlino September 20,2022 Re: Planning Board Escrow Account for 250 Bowman Avenue Dear Piotr Domaszczynski: Your project escrow account currently has a negative balance which must be brought up to date. Please deposit with the Village, the sum of$145.00 as soon as possible. Our office may have not received the final invoices for this application, however a spread sheet outlining invoices is attached for your review. Thank you for your attention to this matter. Sincerely, Tara A. Orlando Secretary,Planning Board, Zoning Board of Appeals& Architectural Review Board Cc: Michal Nowak,Superintendent of Public Works Enclosure w' PRO CTADDRESS 250 BOWMAN AVE PRO CT NAME CITY OF RYE BOLL ENGINEERING CCOUNF# POND TREE REMOVAL ACCOUNCSTARTDATE: ACCOUNT aDSE DATE: Ant dose date hen INVOICE DATE INVOICE# CHEC%DATE CHECK# DISTRIBUTED TO DEBIT DEPOSIT Balance 1/13/2021 194003011 VRB $ 2,500.00 2/12/2021 65646 3/23/2021 1322 K&B $ 375.00 3/11/2021 67261 4/8/2021 1326 K&B $ 1,000.00 3/18/2021 F4979.03-01 6/14/2021 1336 FPC $ 1,400.00 5/19/2021 194005364 VRB $ 275.00 2/13/2022 76715 K&B $ 50.00 3/15/2022 79379 K&B $ 125.00 6/15/2022 F4979.03-02 FPC $ 72.50 7/10/2022 82583 K&B S 175.00 8/22/2022 194010682 VRB $ 422.50 8/11/2022 F4979.03-03 FPC $ 145.00 S 3,342.50 5 3,197.50 4145.00 Permit No. Stream COUNTY OF WESTCHESTER DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION 148 MARTINE AVENUE WHITE PLAINS,NEW YORK 10601 APPLICATION FOR PERMIT TO DO WORK WITHIN CHANNEL LINES OR WITHIN 100 FEET THEREFROM (To Be Executed in Triplicate) TO: I lugh J. Greechan,Jr.,P.E. Commissioner,Department of Public Works and Transportation Application is hereby made for a permit,under Chapter 241,Article III of the Westchester County Administrative Code,to carry out the following described project within channel lines or within 100 feet therefrom. 1. Applicant City of Rye,do Greg Usry,City Manager 2. e NY (Owner or Agent) 1051 Boston Post Road,Rye Y (Business or Residence) 10580 914-967-7411 Zip Code 3. Owner C of Rye Deed recorded in Liber 3852 Page 33 Telephone 141.26-1-2(Rye Brook,approximately 10.54 acres)and 0545.E(Harrison,approximately 16.39 acres) 4. Tax Lot(s) Tax Block(s) Sheet No.(s) 5. Name and Location of Stream Blind Brook Village of Rye Brook and TownNillage of Harrison Approximately (Stream) (Municipality) 6. Location of Stream feet downstream from Bowman Avenue (Highway) 7. Proposed project and extent The City is proposing to clear unhealthy and dead hazardous trees to reduce the potential for debris that may affect the functionality and integrity of Bowman Avenue Dam. Stumps will remain in place and no excavation,dredging or fill is proposed. Wetland matting and erosion controls are proposed to ensure that the t mp_ly activity will not result in wetland or stream impacts 8. Work To Be Started Late Winter/Spring 2021 To Be Completed Spring 2021 9. Water Elevations(F.E.M.A.Flood Insurance) 10 Yr. 100 Yr. 58 feet 10. Applicant attaches herewith THREE copies of the plans showing location of work,distances to nearest highway crossings, and details of design stamped by a Professional Engineer or Registered Architect. Applicant will furnish additional data when required by the Commissioner. 11. List all approvals,certifications or permits required by Federal,State or Local Agencies: Westchester County Department of Public Works and Transportation USACE Nationwide Permit 33(issued 10/30120),NYSDEC Water Quality Certification(issued 11127120),TN.Harrison Wetland and Steep Slopes permit(issued 12/;Ml.and V.of Rve Brook Site Plan Wetland and Trap Removal Permits(2/11/21) Witness: ol �- / ( plicant's Signature) ruu n�zt;T r r�rrrc . «U4 ntiU''r Approval and consent to grant the permit requested by this applicant is hereb ibeA'by'�the•dt}Iyrauthor�ze¢"tnu "ipal representative. Ap ication must be signed by municipality prior to submission. W Signature and Title Municipality Date MAR 11 2021y�'4r/` o, E N G/DPW ���G=,��4 4000e5 THE PERMIT IS ISSUED SUBJECT TO THE FOLLOWING TERMS,AGREEMENTS,COVENANTS AND CONDITIONS 1) The term"Commissioner"shall mean the Commissioner of Public Works and Transportation of the County of Westchester or his authorized representative. 2) The tern"Perminee"shall mean the applicant obtaining the permit,or his or its duly authorized agents or representatives. 3) The Commissioner,by issuing the permit,assumes no liability or responsibility on his part or on the part of the County of Westchester of any kind or nature for this sufficiency of the design or the operations covered by the Permit. 4) The Permittee assumes all risks in the operations covered by the permit and shall be solely responsible and answerable in damages for all accidents or injuries to persons or property. 5) The Permittec shall indemnify and save harmless the County of Westchester and the Commissioner of Public Works and Transportation from any and all claims,suits,losses,damage to property or injury to persons of whatsoever kind and nature, whether direct or indirect,arising out of the Permittee's operations under the permit,and the Permittee agrees to reimburse the County of Westchester and the Commissioner of Public Works and Transportation for all expenses,costs of judgments to which they may be put arising from such operation. 6) No changes in the plans or in the nature and extent of the work shall be made without the Commissioner's written consent. The project shall be subject at all times to inspection by the Commissioner. 7) The Permittee agrees that,during the performance of the work,the Permittee will not cause or allow in any way or manner any unreasonable interference with the free flow of the stream,and that the Permittee will not place,store or dump any materials,equipment or debris in or about the stream or channel in any way which may cause interference with the free flow of water. 8) The Permittec,upon completion of the work,shall cause to be removed from within the channel lines and within 100 feet therefrom all equipment,surplus materials,debris and structures not shown on the approved plans. 9) Within 30 days after completion,the Pennittee shall certify that the work has been completed in accordance with the permit and the approved plans and that all unauthorized channel obstructions have been removed. 10) Final inspection of all work authorized by the permit will be made by the Commissioner to determine that the work has been performed in compliance with the permit. 11) Completed work shall be diligently maintained by the owner of the land to prevent any danger of obstruction of the stream, water course,easement or tigh(-of-way bounded by channel lines by reason of erosion or the collapse or other impairment of the completed work. 12) The permit shall be subject to all applicable zoning regulations of the municipality within which the land to which the permit applies is located,to Workmen's Compensation Law,Disability Benefits Law and to all other regulations thereof applying to the construction of buildings and other structures. Every building permit or certificate of occupancy issued by any municipality shall be subject to the limitations and requirements imposed by or pursuant to the Westchester County Stream Control Law,with respect to any work covered by such pernit or certificate. In event of any conflict,the more restrictive provision shall prevail. 13) The Commissioner reserves the right to revoke or cancel the permit at any time should the Penni(tee fail to comply with any of the terns,agreements,covenants and conditions of the permit. 14) The permit does not give any property rights,either in real property or material,or any exclusive privileges. It does not authorize any injury to public or private property,any invasion of property rights,any occupation of riparian or County property,or any infringement of State or local laws or regulations. Local and State permits and consents must be obtained when necessary. 15) The work must be completed on or before the stated completion date and shall be under the direction of a licensed professional engineer or licensed architect until it is completed. 16) The Permit is not in force and effect until the executed acceptance form is received by the Commissioner. 17) SPECIAL CONDITIONS for this Permit are set forth on the attached sheet. 18) The application,the Special conditions and the following approved plans are part of the permit: Environmental Design & Research, Landscape Architecture, Engineering&Environmental Services,D.P.C. 41 State Street, Suite 806,Albany, New York 12207 r-Z -��- �2 • ' P.518.451.9150 • www.edrdpc.com I�F h � J `�7 L�� I L.J� DEC 2 8 2020 December 22,2020 VILLA`.-,F: R ,"E' ER00K Bl)i LE,iNG 01-PA'C'TP4PNT Mr. Michael Izzo, Building Inspector Village of Rye Brook 938 King Street Rye Brook, NY 10573 RE: Upper Bowman Pond Tree Removal Project: Site Plan, Wetland Permit, and Tree Removal Permit Applications,Village of Rye Brook tax parcel: 141.26-1-2(approximately 10.54-acre lot) Dear Mr. Izzo: On behalf of the City of Rye, please find 12 copies enclosed for your review of the Site Plan,Wetland Permit,and Tree Permit applications and supporting materials for the above referenced project. Provided below is a SharePoint link to the digital files of the enclosed information. SharePoint Link: https://edrco.sharepoint.com/:f:/s/EDRPro'ects/Eh3ExOK8EOBMh PIgSdBsmQB- Zt2KXFpbFOlhgcvNLlt1 A?e=xBZBdF Upper Bowman Pond is owned by the City of Rye and is partially located within the Village of Rye Brook(Village)and the Town/Village of Harrison. The property is accessible via an existing driveway on Bowman Avenue (County Route 104) in the Village of Rye Brook.The City of Rye is proposing to clear up to 75 unhealthy or dead hazardous trees(the Project) within the Village tax parcel 141.26-1-2. The Project is intended to reduce the potential for woody debris to affect the functionality and integrity of the Bowman Avenue dam, enhance the aesthetic nature of the property and improve access to the pond and dam. The proposed maintenance activity will remove upstream natural hazards that could damage or compromise the dam which provides flood protection benefits to downstream communities. The stumps and roots of removed trees will be left in place and no excavation, dredging or filling is proposed. The use of wetland matting and the installation of erosion and sediment control measures are proposed to ensure that the temporary activity will not result in wetland or stream impacts. It is noted that in November 2020,the U.S.Army Corps of Engineers(USACE)issued a Nationwide Wetland Permit and the NYS Department of Environmental Conservation issued a Water Quality Certification for the Project. The funding source for the Project is the U.S. Housing&Urban Development's(HUD)Community Development Block Grant (CDGB) Disaster Recovery Funding authorized by US Senate in 2015. The vehicle through which funding is being allocated is the Governor's Office of Storm Recovery (GOSR), and the agency managing the Project is the Dormitory Authority State of New York (DASNY). The potential federal funding available to support this Project is contingent upon receiving timely approval of federal, state and local permits. To secure the federal funding before it expires on September 30, 2022, and the Project is targeted to be initiated in late spring 2021 in order to provide a reasonable time period for closeout requirements. The Project was determined by the GOSR to be a SEQRA Type II action. A copy of this determination is provided with the correspondence. Landscape Architecture Water/Wastewater Engineering Civil Engineering • Regulatory Compliance 1 Ecological Resource Management Cultural Resource Management Visual Impact Assessment • Community Planning J Michael Izzo December 22,2020 On December 311, 2020, the Project team participated in a pre-submission virtual meeting with Village officials and consultants to discuss the Project and the necessary Town permitting requirements. During this meeting it was determined the Project requires Site Plan Approval, a Wetland Permit, and a Tree Removal Permit. Based on our understanding, the Planning Board will serve as the approving authority for each of these permit applications. Additionally, the Project requires a Stormwater Management Control Permit Application to be sent to Village Engineer under a separate cover. Sincerely, Andy Mavian,AICP Environmental Project Manager Attachments: 1. Figures 1-6 2. Engineering Design Plan Set 3. Site Plan application 4.Wetland application 5. Tree Permit application 6. Correspondence 7. 2020 Town of Rye Property Card, Prior Village Approval, and Proof of Ownership 8.Wetland Report 9. USACE Nationwide Wetland Permit and NYSDEC Water Quality Certification C.C., Chris Bradbury, Rye Brook Village Administrator, Greg Usry, City of Rye, Ryan Coyne, City of Rye, James Sullivan, DASNY, Scott Frisa, GOSR Brian Platt, Ramboll, Carolyne Bean, EDR CEnvironmental Design & Research, Landscape Architecture, Engineering & Environmental Services, D.P.C.J Page 12 Attachment 1 Figures 1- 6 Z OZ LLB« — Z2s'— o �# LL 9LW bow W ZO�ZQ O N 3:3 o LL ;ors w U b �R: CRRR'.�F^Ayyy'''-^5"s_�ae'a5499n3=^9MR RR R aaAa ^aaaxax�aaaxaaxa�ggsxaaa�a �t gg PRRi'Fir T K'R R'K'RR K'RRRR CRRi'.i'.R ' . � .. � �I` "}s "e'r=i=.$_ ;aa :'ra_scsasaRr■ � � e4^,IDO oicwfi�en i• sa. to a• es s iaa assaeals s e n s � e 71 % 3 � , �$�f � W if 41 Ll o$ € ao 4 3 o ~ a g o U 1018 ul / 49�< I 4 a New W g €� ¢ / � 1 1 i 1j1_-- � � I / II �/•r "°a''�rcc �Wo��o ��kw' o 2 ........... i � � ` �2 � %/m �o ■ k2 � . ._� kC3,�� 0- J _ k.E \ u ) - % � j k ® \ $2 £ 2 cm )� � J k)� ƒ : \7{ / ./ ■ ƒ 49 E }V kkf « $ # �� . � / � f �a ■ co mm { § 2 $ ƒk�\ E § co C ƒ EE ({ ^ m 2 27i # ° � k 2 *f 2 k & § �2f5 % 2 = ; , § ■/§� 54;Ow Li v w 45 cn 3 CL r LL cc � ; c cc 0 c m U ti U a? m a p= o � o ae N a W o y' r L � C t�mmC .. �~ ZLD m \ m N Y d m J h y H E Pheas 0 C i m c C > O LL �- t E v Ppon�nappee r, w �' o anyg9aM n-'_ p o 0 , cu in a ca Y 02 d w N 3 00 o a N m a` m u- (1) d ` • E Q rn 8 L m m 5 IL Z 0 E 0 U Q. 3 � 3 s o da 0 O �laJt 0 0 O , • OO rs /(00000/ O O e �� L3 r z c t° �O o .0 U) m �a m a Q) _ 3a m T m N cn a —_ C O U C C ey iI J d O m C C C) LL o U a U c E E �c m m m m Ul) �a O YC I E U C -0 <VSS E v'-a o � N rn at0i C o_ O a_ N (n N O > O d o O N E f L ~ Y fd V 1a C > A co o 3 E o c LL, co S L o aD L N m �� f ♦ Q N 76 m N J y � LL X's Wetland A-PFO Temporary Impact-0.17 acres(7,429 sq ft) Permanent Forest Conversion-2.47 acres(107,593 sq ft) Stream B-R2 Temporary Crossing-0.007 acres(304 sq ft) Stream B-B-R4 ;10 Temporary Crossing-0.008 acres(339 sq ft) Stream B-C-R4 Temporary Crossing-0.003 acres(132 sq ft) 60 bp / / / / i �. 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D.P.C. • 41 State Street, Suite 806,Albany, New York 12207 ' P.518.451.9150 - www.edrdpc.com Upper Bowman Pond Tree Removal Project Village of Rye Brook tax parcel: 141.26.1-2(approximately 10.54-acre lot) Site Plan Checklist—Waiver Requests In accordance with the Village of Rye Brook Site Plan Checklist requirements, provided below is an itemized list and explanation of waiver requests for checklist items believed to be not applicable or relevant to the Upper Bowman Pond Tree Removal project. Plan Requirements(Checklist Page 2 of 7) • Topographic survey stamped by NY State land surveyor with license number and sea. Response:A site specific topographic survey was not performed because information to support the design was available from the Westchester County geographic information system(GIS). Topographic contours at a 2-ft interval and property lines shown on the design drawings were obtained from the Westchester County GIS. Given the relatively large size of the property, the focused nature of the tree removal work, and because the project does not include grading activity or construction of new site features it was concluded that a site-specific topographic survey performed by a licensed surveyor is not necessary to develop the contract drawings specifying the proposed tree removals. Coordinates of trees to be removed were collected using a hand-held global positioning system unit and trees to be removed are marked in blue paint. • Topographic survey scale of 1 inch per 20 feet or larger. Response: The specified tree removals and temporary access roads are presented clearly on one site plan drawing at a 1 inch per 40 feet scale. Producing multiple site plans at 1 inch per 20 feet scale may reduce the clarity of information presented. • Name of the proposed subdivision plan. Response: Not applicable because the project is not a subdivision project. • Copies of all existing and proposed deed restrictions or covenants applying to the property, including, but not limited to, covenants and agreements restricting the use and establishing future ownership and maintenance responsibilities for all private roads, recreation, and open space areas. Response: Not applicable, none of these exist for this property. • Fees paid to the Village of Rye Brook Building Department. Response: The City of Rye is exempt from fees per agreement with the Village. Landscape Architecture Water/Wastewater Engineering Civil Engineering • Regulatory Compliance Ecological Resource Management Cultural Resource Management Visual Impact Assessment • Community Planning J Upper Bowman Pond Tree Removal Site Plan Check List: Requested Waivers December 2020 Abutting Property Information(Checklist, Page 2 of 7) • Zoning and use of abutting properties noted on plans. Response: The City of Rye parcels that contain Upper Bowman Pond are relatively large. The parcels are wooded and existing vegetation provides screening of abutting properties. The project will not result in permanent site changes that are anticipated to be noticeable to adjacent property owners. • Shape, size, height and location of existing buildings and driveways within 100 feet of site. Response: There are no existing buildings or driveways within 100 feet of the project work area. Furthermore, the City of Rye parcels that contain Upper Bowman Pond are relatively large. The parcels are wooded and existing vegetation provides screening of abutting properties. The project will not result in permanent site changes that are anticipated to be noticeable to adjacent property owners. • Location and description of existing easements within one hundred (100 feet) of the site. Response: Not applicable. There are no existing easements that are known to exist within one hundred feet of the project work area. • Location of existing private or public trails within one hundred (100)feet of the site. Response: Not applicable. Public and private trails are not known to exist within 100 feet of the site. • Location of proposed parkland. If none state nearest recreation facility. Response: The Project does not include proposing any parkland. The closest areas of parkland in the Village are Garibaldi Park(less than one mile to the east) and Crawford Park(approximately one mile to the north). • Location of existing septic system leach fields within two hundred feet of the site. Response: Not applicable. The surrounding area is serviced by sanitary sewer infrastructure. Proposed Site Plan Information (Checklist, Page 3 of 7) • Location of all building setback lines. Response:Not applicable because no buildings are proposed. • Topographic data at a minimum contour interval of 2'-0"increments, showing existing and proposed contours on the property and extending a minimum of 25 feet into all adjacent properties. Response:Engineering plans provide topography of the work area and a portion of adjacent property. No changes to existing topographic contours are proposed. CEnvironmental Design& Research, Landscape Architecture,Engineering&Environmental Services, D.P.C.] Page 12 Upper Bowman Pond Tree Removal Site Plan Check List: Requested Waivers December 2020 • Location and description of any zoning district and municipal boundaries including a zoning compliance chart for the existing and proposed lots. Response: The proposed tree clearing is a maintenance activity and is not anticipated to conflict zoning district regulations. Municipal boundaries are shown on the site plan drawings. • Shape, size, height and location of all existing and proposed buildings. Response:Not applicable because there are no existing or proposed buildings. • Location and description of any existing and proposed easements. Response:Not applicable because there are no existing or proposed easements. • Identification of the location and amount of building area proposed for retail sales or similar commercial activity. Response: Not applicable because there are no proposed buildings. • Design and location of all existing and proposed wells, septic tanks and leach field systems, or methods of wastewater disposal. Response:Not applicable because these types of facilities are not existing or proposed at the Project site. • Location, size and proposed screening of outdoor storage areas, if any. Response: Not applicable because there are no proposed outdoor storage areas. • Location, design and construction material of all existing or proposed site improvements, including drains, culverts, retaining walls, landscape walls and fences. Response: The existing improvements are limited to the driveway, the Bowman Pond Dam and existing electrical equipment, as shown on the project plans. No additional improvements are proposed. • Exterior lighting plan and proposed signs to be located on site, including sign orientation, size, height, and elevation view. Response: Not applicable because none of these features are proposed as part of the project. • Storm drainage plan and plans for snow removal and storage. Response:Not applicable because no improvements are proposed to the Project Site. CEnvironmental Design & Research, Landscape Architecture.Engineering & Environmental Services, D P.C.J Page 3 Upper Bowman Pond Tree Removal Site Plan Check List: Requested Waivers December 2020 • Pedestrian and automobile circulation plan. Response: Not applicable because there is no pedestrian or automobile access onto the Project Site except for the driveway to service the dam. This driveway is closed to the public. • Construction drawings for pavements,walks, steps, curbing, drainage&other structures associated with the proposed use. Response: Not applicable because no improvements are proposed. • Drawing and computation for storm water detention design for a 25-year storm in accordance with the Westchester County Best Management Practices. Response:Not applicable because no improvements are proposed. Proposed Site Plan Information (Checklist, Page 4 of 7): • Cross sections of steep slope areas. Response:Not applicable because a steep slope permit is not required. • Retaining walls or like constructions, with details of construction. Response:Not applicable because these features are not proposed. • Location of fire and other emergency zones, including the location of fire hydrants. Response:Not applicable because none exist or are proposed. • Studies to include, but not necessarily limited to: environmental impact analysis, wildlife, traffic, stormwater management, recreation, public service, fiscal impact, visual impact and historic significance documentation. or a written request to waive the submission requirements for these studies. Response: Wetland Delineation Report in Attachment 8. • Amount of any bonds required. Response: Not applicable because no bonds are required. • Amount of excavated material to be removed from site, if any. Response: Not applicable because the project does not involve any excavation or removal of material. Environmental Design& Research, Landscape Architecture,Engineering& Environmental Services, D.P.C.) Page 14 Upper Bowman Pond Tree Removal Site Plan Check List: Requested Waivers December 2020 Westchester County Review Checklist(Pages 4 of 7) Given the nature of the proposed tree removal project which does not result in any improvements or development changes to the Project site, it is the applicant's opinion that the following item on the Westchester County Review Checklist is applicable: • County Road. Response:Access to the Project Site is through an existing driveway on Bowman Avenue(County Route 104). As such,a County Highway Work Permit application is anticipated to be submitted to the Westchester County DPW prior to commencement of the project. CEnvironmental Design & Research, 1 Landscape Architecture. Engineering&Environmental Services. D.P.C.) Page 15 a @ '7 @ g f @ p # 9 9 9 co \ \ / \ / \ � cc m m / / \ \ \ J J J f § § ƒ < < < Z % E E / % % cu \ \ ƒ \ 2 / rn ® $ $ ( E c o 0 0 2 0 n \ 2 3 2 a e / G ? g r 6 6 6 6 ^ co co « m w � � � \ 0 G G G \ J k elf \ § $ / ƒ ƒ ƒ ƒ / / $ cn \ 3 \ $ $ y G G 8 @ k g « / 0 2 2 9 9 9 9 * % $ § o / \ ¥ j / 5 \ � \ ƒ / ° � / / \ m # r o _ E k CD Ln o z 2 a ® Rye ® ) \ } \ / ^ 2 � c �) 2 co : } ;$ 3 \/ j /\ \ \ E 0 / 2 o /\ \ & w o\ / - _ ! § 6 {} { 3 �ƒ k § r % z �® \ \ CL CLE \ \ g $ a 16# Attachment 4 Wetland Perm itApplicabon VILLAGE c BROOK PERMIT# WETLANDS PEW TS, PLICATION EXPIROON BATE Public Works Dept.939-0753 fax 9 %- n ng Dept.939-0668 fax 939-5801 Michal Nowak,Village Engineer/Superinte $is Works e-mail:mnowak@ryebrook.org REQUIREMENT SUBMITTALS: —� 1. Application Fee: $1,150 paid Permit fee: $250 paid v n5, 2. Bond Deposit: $ Date Paid ' DEC 2 8 2020 3. Insurance: attached on file 4. Map: attached on fate VILLAGE OF RYE BROOK 5. UFPO No. BIJI1.DINIC, !)cc"ArTr 4ENT Owner City of Rye c/o Greg Usry;City Manager Address 105 Boston Post Road,Rye NY 10580 Phone 914-967-7411 E-mail gusry(aryeny.gov Contractor TBD Contact Person WC Home Improvement License: Address Phone E-mail Application is made for a Wetlands Permit at the following address: 239 Bowman Ave,Rye Brook Describe in full location of job site (please print): Upper Bowman Pond,north of 1-287 and south of Bowman Ave. For the purpose of Temporary access to remove dead and unhealthy hazard trees in Upper Bowman Pond that may compromise the function and integrity of the dam. Stumps will be left in place and no excavation dredging fill or development is proposed. If permit is granted,I agree to comply with all rules and regulations set forth by the Federal,State,County, Local Laws,Special Ordina s,General Ordinances. Owner's Signature Office Use Only BOT APPROVAL PLANNING APPROVAL VILLAGE APPROVAL DATE CONDITIONS FOR PERMIT: RETURN DEPOSIT APPROVAL: DATE RETURN AMOUNT: Attachment5 Tree Permit Application and Supporting Information o��.�eeR�k ti TREE PERMIT No. ■ a PERMIT FILING FEE: $50 ( ] paid 0 REMOVAL 7 • - ,- � RESTORATION FEE 1982 . Engineering&Public Works PERMIT PERMIT EXPIRES Department REPLANT& 938 King Rye Brook 10573APPLICATION (914)939-0753 753 (fax)(914)939-020242 INSPECT BY ryebrook.org REPLANT TREE(S) INSTRUCTIONS&INFORMATION FOR A PERMIT FOR TREE REMOVAL: 1. For further information refer to Village Code Section 235 available at www.rvebrook.org 2. All trees requested for removal shall be marked with ribbon or string,in a non-harming fashion. 3. All persons granted a Tree Removal Permit shall be required to replant a native noninvasive 2"to 2%"caliper tree on said property per code section 235-18. Species such as but not limited to Ash,Beech,Birch,Cedar,Cherry,Elm,Lilac,Maple, Oak,Poplar,White Oak,Zelkovas,etc. No Invasive trees such as Norway Maple and Black Locust. Ornamental trees may not be substituted. 4. All stumps shall be removed as per code section 235-18. Location shall be top soiled and seeded with grass. 5. Allow for 10 business days for processing of application. 6. An appeal to a denial may be made in writing as per code section 235-14 within 30 days of decision. PROPERTY OWNER INFORMATION CONTRACTOR INFORMATION OWNER'S *COMPANY NAME City of Rye,c/o Greg Usry,City Manager NAME_ TBD ADDRESS 105 Boston Post Road,Rye,NY 10580 SUPERVISOR/SIGNATURE PHONE NUMBER 914-967-7411 WESTCHESTER COUNTY CONTRACTOR'S LICENSE CELL PHONE # NUMBER ADDRESS E-MAIL gusry@ryeny. ov PHONE NUMBER *SIGNATURE CELL E-MAIL FAX NUMBER 'I AGREETO ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH RYE BROOOK TREE CODE CHAPTER 235,AND WILL REPLACE TREES AS REQUIRED BYTHE VILLAGE ARBORIST CERTIFICATION # OF RYE BROOK TREE ORDINANCE *1 AGREE TO ASSUME FULL RESPONSIBILITY FOR THE REMOVAL OF SAID TREES)AND FOR THE COMPLIANCE WITH ALL APPLICABLE COUNTY,STATE,AND LOCAL REGULATIONS REGARDING PROPER REMOVAL AND DISPOSAL OFTREE(S) LIST TREE(S)TO BE REMOVED (DBH=DIAMETER AT BREAST HEIGHT): See attachment SPECIES: HEIGHT: DBH: LOCATION: SPECIES: HEIGHT: DBH: LOCATION: SPECIES: HEIGHT: DBH: LOCATION: SPECIES: HEIGHT: DBH: LOCATION: SPECIES: HEIGHT: DBH: LOCATION: SPECIES: HEIGHT: DBH: LOCATION: PURPOSE OF REMOVAL CIRCLE ONE: Routine Emergency Notes:To remove dead or unhealthy hazard trees located in Upper Bowman Pond that could impact the function and integrity of the pond's dam. DEC 2 8 2020 TREE.REMOVAL.APP.6.18.20 FIELD EVALUATION WORKSHEET (THIS SIDE FOR OFFICE USE ONLY) CROWN LEADERS AND LIMBS GENERAL APPEARANCE 0-25%DIEBACK 26-50%DIEBACK 51-75%DIEBACK NO GROWTH BROKEN LIMBS/LEADERS NONE LITTLE MODERATE SIGNIFICANT EXTENSIVE CRACKED LIMBS/LEADERS NONE LITTLE MODERATE SIGNIFICANT EXTENSIVE DEAD LIMBS/LEADERS NONE LITTLE MODERATE SIGNIFICANT EXTENSIVE INSECT DAMAGE NONE LITTLE MODERATE SIGNIFICANT EXTENSIVE TARGETS HOME ROAD WIRES SIDEWALK OTHER TARGETS HOME ROAD WIRES SIDEWALK OTHER TARGETS HOME ROAD WIRES SIDEWALK OTHER SOIL CONDITIONS NEAR PAVEMENT SOIL COMPACTED NATURAL GRADE OTHER SOIL CONDITIONS NEAR PAVEMENT SOIL COMPACTED NATURAL GRADE OTHER SOIL CONDITIONS NEAR PAVEMENT SOIL COMPACTED NATURAL GRADE OTHER ROOT FLARE BURIED DECAYED/ROTTED MUSHROOMS BARK SEPERATION GIRDLING ROOT FLARE BURIED DECAYED/ROTTED MUSHROOMS BARK SEPERATION GIRDLING ROOT FLARE BURIED DECAYED/ROTTED MUSHROOMS BARK SEPERATION GIRDLING TRUNK SPLIT CRACKED MUSHROOMS CAVITY INSECTS OOZING TRUNK SPLIT CRACKED MUSHROOMS CAVITY INSECTS OOZING TRUNK SPLIT CRACKED MUSHROOMS CAVITY INSECTS OOZING NOTES: THIS FORM IS FOR RECORD PURPOSES ONLY, NOT TO BE CONSTRUED AS A TREE HAZARD EVALUATION. ALL INSPECTIONS ARE PREFORMED VISUALLY BY THE INSPECTOR. TREE.RE MOVAL.APP.6.18.20 Tree Removal Permit Application Addendum Section 235-18 of the Village Code specifies tree restoration requirements. The requirements specify that the trees proposed for removal shall be replaced with new 2-inch to 2.5-inch caliper trees. The City of Rye requests a waiver from this requirement. The trees are being removed from Upper Bowman Pond to reduce the potential for impacts to the dam from vegetation. Introducing new vegetation to Upper Bowman Pond may result in future impacts to the dam. As an alternative to replacing the trees that are being removed from Upper Bowman Pond, the City of Rye proposes planting several trees near the dam and adjacent to the driveway at locations shown in the attached figure. These locations are proposed for replanting because there is adequate space for additional plantings and this area is more visible from Bowman Avenue. The proposed planting plan was developed by a registered landscape architect and includes small and large native tree species appropriate for the existing conditions. snag SM j: —e s#1 Qo R � CL Z tu li c ZZ ll 50 t44 4 44 �®aZ�mI l �aeJ d � # rri w F J m U)w W g g za w z a $ ¢ 3< Lo W w caaU7z n ❑ �" — 6w C9 5 Oa 9 P R k A UJ o Q co xZm LE z HMo a II I aw a s e a a w3 as 9 9 II l • W d II � I I Y o��z�: • � �LL zzzm J 16 o L 3 w g ti �. (q - z 2 z � 5 a cd a ,W W l /� \ )�1`v_.'� lid.• `.. r� i `� F � �. �P s a � a Q s � O C: OZ a Z"<on vi . a zoz w 20� � a �- 3`K��z LL W m J L U gb 5 33 c�gI'sr:�r;�e�a�aagaagaa�Cca F"s - as aa3aaxxx axnas�aaasa�aaxaaa�a� � � R RRRiCFCRRR•. A A � !^ V .•.. E.,i A ■b (�t[y � F®Q} Y� 4i Y F -E 3 9 � Via% I Hr .} a el � •-•g�- `- �6--- `-- l^ggFF � s e• a a aaa 'aaea ale € a ���� �� � �`yFyF�� •�� as �°a"as Sa! •iF�=�-e a8 _?aa Ela iii i ii igaiiii Eiji ii i ! �1�3Y �� � = i?-dip• �� F A 2 A"•x 21 vS, � 9 - tlg \ il! � o o$ 70 3 ° I i 2 € °g w w ° \ _W g � 0 cr.:.� X° z°i u �a ( ! ! ',''.•. \ ,moo `$ I, .t��. ��� > � � 2�ff�4 o 5$ •a, j r U O tv S° 7uai�4°° ENVIRONMENT & HEALTH TREE SURVEY MEMORANDUM Project name Bowman Pond Clearing Project no. 73155 Client Dormitory Authority of the State of New York Memo no. 1 Author Steve Mooney 1 Background Date March 13,2020 O'Brien & Gere Engineers, Inc., now a Ramboll company (Ramboll) was retained by the Dormitory Authority of the State of New York (DASNY) to conduct a survey of woody vegetation in the immediate vicinity of Upper Bowman Pond located in the City of Rye, New York. The vegetation survey is a component of a larger study to evaluate mitigation measures associated with the flooding of Blind Brook below Bowman Avenue Dam. The primary objective of the vegetation survey was Ramboll 333 West Washington Street to identify trees that could potentially be washed downstream and impact proper Syracuse, NY 13202 function of the dam. The identified trees will be targeted for future removal. USA Results of the vegetation survey will be utilized with other natural resource surveys to identify design and permitting strategies associated with T 315-956-6100 F 315-463-7554 implementation of potential flood-related mitigation measures, including tree https://ramboll.com clearing. 2 Site Description and Survey Methods The Upper Pond (referred to as Bowman Pond in this document) area contains multiple habitats including forested uplands, emergent and forested wetlands, streams and an open water pond. Blind Brook traverses the survey area discharging through the Bowman Avenue Dam at the pond's eastern end. Some of the wetland and pond habitats are thickly vegetated with trees, brush, and scattered fallen woody debris. Steep slopes border the pond vicinity to the north and south. The attached Figure 1 presents the boundaries of the identified wetland and stream habitats and the area of proposed tree removal. Two biologists conducted the survey on August 14, 2019 by traversing the proposed survey area and identifying living and dead trees at risk for being washed downstream in the foreseeable future due to death and toppling and subsequent movement during periods associated with increased water flow through the pond (following significant rainfall events). Trees were recorded if any of the following characteristics were noted: unstable root systems, evidence 1/2 of disease, excessive leaning or non-living and/or lying on the ground. Information recorded for these trees included species name, diameter at breast height (dbh), number of stems at breast height and height (estimated). Trees lying on the ground or floating in the pond were identified as course woody debris (CWD). The trees and CWD were marked with blue spray paint and their location was recorded with a hand-held Trimble global positioning system (GPS) unit. A tree grove was identified where, in lieu of recording each location of the 23 trees therein with the GPS unit, the boundary of the grove was recorded. The locations of the trees identified for removal including the tree grove area are depicted on the attached Figure 1. 3 Survey Results A total of 62 tree locations were recorded (including 23 trees within the tree grove area) as at risk and targeted for removal. However, approximately 75 tree stems (of ten species) are included in the overall count as some locations contained multiple trees/stems. Table 1 presents the results of the tree survey. Two CWD locations were recorded of which one consists of a pile of debris floating on the eastern edge of the pond. To support the Village of Rye Brook and Town/Village of Harrison tree removal authorization process trees with a dbh of 10 inches or greater have been identified on the table with shaded lines. 2/2 cu CL iZ D L O LL m m 0 � N N O a to i M cn 0 00 -. tw � a Y � t C '> •w U C C m m m m N V C L L L ,�_ L L L Ln L O �, a c a C .Q c c E C C C E p p C O z C �, > •_ 0 -a m w cn m a m a C •- m a m s m a m L. u L_ u m a C C vs 0 L_ — — 4a — — — a m m — 'Q .0 v � -0 � N _C C +� 3 x O p }j L. bo 0. 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Q a O` N U O a L a-+ Ln O C tko Q) 0 Ln Ln r1 M n Ln r-I N r-i E Z Attachment 6 Correspondence Governor's Office of Storm Recovery ANDREW M.CUOMO Governor TO: Environmental Review Record FROM: James McAllister,Certifying Officer, GOSR DATE: RE: SEQRA Type II Determination—Upper Bowman Pond Improvements Project Proposed Action: The Dormitory Authority of the State of New York(DASNY)is requesting$500,000.00 in CDBG- DR funding to complete the"Upper Bowman Pond Improvements Project."The City of Rye will function as the project applicant. Upper Bowman Pond is located in the Hamlet of Indian Village, City of Rye, Westchester County, New York,7 miles north of New York City. The local community of Indian Village within the City of Rye has experienced flooding associated with heavy rainfall events resulting in significant property damage. The Proposed Project will increase the detention capacity of Bowman Pond during rainfall events which will in turn lessen the flooding of Indian Village. The detention capacity of the pond will be increased by removing the vegetation and debris with the pond. The interior of Bowman Pond is thickly vegetated with trees and brush. The Proposed Project will also remove fallen woody debris that could be washed into the pond's sluice gate. The debris can limit the gate's stormwater conveyance capacity and prevent the operation (closing) of the sluice gate because the opening is obstructed. Additionally,woody debris washed downstream of the pond could create further risks along Blind Brook(e.g.,debris could be lodged at bridges). To increase the detention capacity of Bowman Pond and prevent damage to the sluice gate, 72 trees will be removed. Temporary construction staging would be coordinated with the City of Rye to maintain the City's access to Bowman Dam during the construction period. The Proposed Project will include the installation of contractor staging area and erosion and sediment control measures. A temporary site access road (e.g., mats and stream crossings), approximately 400 square-feet, will be constructed. Trees and tree debris will be removed,followed by the removal of the temporary site access road(e.g.,mats and stream crossings). The surfaces will be restored and the erosion and sediment control measures and contractor staging area will be removed at the end of the project. State Environmental Quality Review Act (SEQRA) Classification: The Governor's Office of Storm Recovery (GOSR),acting under the auspices of New York State Homes and Community Renewal's(HCR)Housing Trust Fund Corporation(HTFC),on behalf of the Department of Housing&Urban Development(HUD),has determined that the proposed Project meets the requirements for Type II classification under SEQR regulations. Pursuant to 6 NYCRR Part 617.5(c)(1),the proposed Project involves maintenance or repair involving no substantial changes in an existing structure or facility and does not exceed any Type I thresholds. Therefore, pursuant to 6 NYCRR 617.5(c)(1), the proposed Project is statutorily exempted from SEQR review. This determination has been prepared in accordance with Article 8 of the Environmental Conservation Law. Should you have any questions pertaining to this Type II determination, you may contact me at (646) 256-9485 or james.mcallister@stormrecovery.ny.gov. 25 Beaver Street,New York,NY 10004 1 Recovery Hotline:1-855-NYS-Sandy I www.stormrecovery.ny.gov From: Christopher Bradbury[mailto:CBradburv@rvebrook.org] Sent:Tuesday, September 08, 202010:49 AM To: Usry, Greg G. <gusry@ryeny.sov> Cc: Mike Izzo<MIzzo@ rye brook.org>; Michal Nowak<MNowak@rvebrook.org>;Jennifer Gray <igray@kblaw.com> Subject: NY Rising-Rye City Bowman Ave Upper Pond Project Hi Greg- It appears from the materials provided that the following permits/approvals would be required if the Village Board does not elect to exempt some or all of the project from review due to it being a municipal project: All applications should be submitted to: Michael Izzo, Building Inspector. Anticipated Applications: 1. Site Plan -Village Board is the approval authority since the site is over 4 acres;Site Plan review will include review of proposed tree removal and tree replacement must be proposed in accordance with the requirements of Chapter 235 of the Rye Brook Village Code. "Normal" procedure would include a referral of the application from the Village Board to the Planning Board for a report and recommendation. 2. Wetland Permit—Planning Board approval authority. 3. Steep Slopes Permit(potentially)—Planning Board approval authority. We cannot tell from the materials whether a Steep Slopes Permit will be required. Most of the area to be disturbed looks relatively flat, but any disturbance of a minimum area of 100 s.f. having a slope of 15%or greater will require a Steep Slopes Permit. 4. Stormwater Management(It appears from the materials that 400 s.f. of land disturbance is proposed, but no permanent impervious surfaces. A strict reading of the Village Code requires stormwater management for land disturbances of 400 s.f. or greater, however in practice this has historically been interpreted to only require stormwater management when 400 s.f. or more of impervious surface coverage is added). 5. It does not appear any zoning variances would be required, but we will defer a final determination on any variances once an application is submitted to the Building Inspector. SEQRA—it is possible that the project could be classified as Type II action under SEQRA, but we would reserve judgment until we see the full application. FYI-When the sluice gate was approved in 2011,the Village Board elected to subject the application to all land use requirements of the Village, but transferred any approval authority held by the Planning Board to the Village Board. Take care,. Chris Bradbury Rye Brook Village Administrator NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Fish and Wildlife,New York Natural Heritage Program 625 Broadway,Fifth Floor,Albany,NY 12233-4757 P:(518)402-8935 1 F:(518)402-8925 www.dec.ny.gov August 28, 2019 Ben Roosa Environmental Design & Research (EDR) 41 State St, Suite 401 Albany, NY 12207 Re: Upper Bowman Pond Expansion Plan County: Westchester Town/City: Harrison, Rye Dear Mr. Roosa: In response to your recent request, we have reviewed the New York Natural Heritage Program database with respect to the above project. We have no records of rare or state-listed animals or plants, or significant natural communities at the project site or in its immediate vicinity. The absence of data does not necessarily mean that rare or state-listed species, significant natural communities, or other significant habitats do not exist on or adjacent to the proposed site. Rather, our files currently do not contain information that indicates their presence. For most sites, comprehensive field surveys have not been conducted. We cannot provide a definitive statement on the presence or absence of all rare or state-listed species or significant natural communities. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other resources may be required to fully assess impacts on biological resources. This response applies only to known occurrences of rare or state-listed animals and plants, significant natural communities, and other significant habitats maintained in the Natural Heritage database. Your project may require additional review or permits; for information regarding other permits that may be required under state law for regulated areas or activities (e.g., regulated wetlands), please contact the NYS DEC Region 3 Office, Division of Environmental Permits, as listed at www.dec.ny.gov/about/39381.htmi. Sincerely, Colleen Lutz Assistant Biologist 918 New York Natural Heritage Program NEW YORK Department of s,°TE Of ORTarr Environmental oIA Conservation XT p,r United States Department of the Interior R''" " " FISH AND WILDLIFE SERVICE New York Ecological Services Field Office t 3817 Luker Road Cortland,NY 13045-9385 Phone:(607)753-9334 Fax:(607)753-9699 http://www.fws.aov/northeast/nyfo/es/section7.htm In Reply Refer To: November 04,2020 Consultation Code:OSElNY00-2020-SLI-3304 Event Code:05E1NY00-2021-E-01093 Project Name:Upper Bowman Pond Selective Tree Removal Subject: Updated list of threatened and endangered species that may occur in your proposed project location,and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened,endangered,proposed and candidate species,as well as proposed and final designated critical habitat,that may occur within the boundary of your proposed project and/or may be affected by your proposed project.The species list fulfills the requirements of the U.S.Fish and Wildlife Service(Service)under section 7(c)of the Endangered Species Act(ESA)of 1973,as amended(16 U.S.C.1531 et seq.).This list can also be used to determine whether listed species may be present for projects without federal agency involvement.New information based on updated surveys,changes in the abundance and distribution of species,changed habitat conditions,or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed,listed,and candidate species and federally designated and proposed critical habitat.Please note that under 50 CFR 402.12(e)of the regulations implementing section 7 of the ESA,the accuracy of this species list should be verified after 90 days.This verification can be completed formally or informally as desired.The Service recommends that verification be completed by visiting the ECOS-IPaC site at regular intervals during project planning and implementation for updates to species lists and information.An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.If listed,proposed,or candidate species were identified as potentially occurring in the project area,coordination with our office is encouraged.Information on the steps involved with assessing potential impacts from projects can be found at:http:// www.fws.gov/northeast/nyfo/es/section7.htm Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act(16 U.S.C.668 et seq.),and projects affecting these species may require development of an eagle conservation plan(http://www.fws.gov/windeneW/ 11J04/2020 Event Code:05E1NY00-2021-E-01093 2 eagle guidance.html).Additionally,wind energy projects should follow the Services wind energy guidelines(hap://www.fws.gov/windenerg for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers(e.g.,cellular,digital television,radio,and emergency broadcast)can be found at:htm:// www.fws.aov/mieratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;http:// www.towerkiR.com;and http://www.fws.gov/migratoE3birds/CurrentBirdIssues/Hazards/towers/ comtow.html. We appreciate your concem for threatened and endangered species.The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the ESA.Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List 11/04/2020 Event Code:05E1NY00-2021-E-01093 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act,and fulfills the requirement for Federal agencies to"request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: New York Ecological Services Field Office 3817 Luker Road Cortland,NY 13045-9385 (607) 753-9334 This project's location is within the jurisdiction of multiple offices.Expect additional species list documents from the following office,and expect that the species and critical habitats in each document reflect only those that fall in the office's jurisdiction: Long Island Ecological Services Field Office 340 Smith Road Shirley,NY 11967-2258 (631)286-0485 11/04/2020 Event Code:05E1NY00-2021-E-01093 2 Project Summary Consultation Code: 05E1NY00-2020-SLI-3304 Event Code: 05E1NY00-2021-E-01093 Project Name: Upper Bowman Pond Selective Tree Removal Project Type: STREAM/WATERBODY/CANALS/LEVEES/DIKES Project Description: The City of Rye is considering removal of selective hazard trees in Upper Bowman Pond to protect the dam and to help restore the pond and improve flood mitigation and other benefits. Project Location: Approximate location of the project can be viewed in Google Maps:https.// www.google.com/maps/place/41.00317226565812N73.68942997358431W 'yam�i F.:ii Fig Counties: Westchester,NY 11/04/2020 Event Code:05E1NY00-2021-E-01093 3 Endangered Species Act Species There is a total of 0 threatened,endangered,or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area.For example,certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl,as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the"Critical habitats"section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries,also known as the National Marine Fisheries Service(NMFS),is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 1 i W1 s N IIJMJ{E s United States Department of the Interior . FISH AND WILDLIFE SERVICE �C Long Island Ecological Services Field Office ' 340 Smith Road Shirley,NY 11967-2258 Phone:(631)286-0485 Fax:(631)286-4003 In Reply Refer To: November 04,2020 Consultation Code:05EILI00-2020-SLI-0552 Event Code:05E1LI00-2021-E-00187 Project Name:Upper Bowman Pond Selective Tree Removal Subject: Updated list of threatened and endangered species that may occur in your proposed project location,and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened,endangered,proposed and candidate species,as well as proposed and final designated critical habitat,that may occur within the boundary of your proposed project and/or may be affected by your proposed project.The species list fulfills the requirements of the U.S.Fish and Wildlife Service(Service)under section 7(c)of the Endangered Species Act(Act)of 1973,as amended(16 U.S.C. 1531 et seq.). New information based on updated surveys,changes in the abundance and distribution of species,changed habitat conditions,or other factors could change this list.Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed,listed,and candidate species and federally designated and proposed critical habitat.Please note that under 50 CFR 402.12(e)of the regulations implementing section 7 of the Act,the accuracy of this species list should be verified after 90 days.This verification can be completed formally or informally as desired.The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information.An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved.Under sections 7(a)(1)and 7(a)(2)of the Act and its implementing regulations(50 CFR 402 et seq.),Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. 11/04/2020 Event Code:05EW00-2021-E-00187 2 A Biological Assessment is required for construction projects(or other undertakings having similar physical impacts)that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act(42 U.S.C.4332(2) (c)).For projects other than major construction activities,the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat.Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines,based on the Biological Assessment or biological evaluation,that listed species and/or designated critical habitat may be affected by the proposed project,the agency is required to consult with the Service pursuant to 50 CFR 402.In addition,the Service recommends that candidate species,proposed species and proposed critical habitat be addressed within the consultation.More information on the regulations and procedures for section 7 consultation,including the role of permit or license applicants,can be found in the"Endangered Species Consultation Handbook"at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act(16 U.S.C.668 et seq.),and projects affecting these species may require development of an eagle conservation plan(http://www.fws.gov/windenergy/ eagle—guidance.html).Additionally,wind energy projects should follow the wind energy guidelines(http://www.fws.gov/windenergy/)for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers(e.g.,cellular,digital television,radio,and emergency broadcast)can be found at:http:// wwwfws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm;http:// www.towerkiU.com;and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. We appreciate your concern for threatened and endangered species.The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act.Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List Event Code:05E1L100-2021-E-00187 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act,and fulfills the requirement for Federal agencies to"request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Long Island Ecological Services Field Office 340 Smith Road Shirley,NY 11967-2258 (631)286-0485 This project's location is within the jurisdiction of multiple offices.Expect additional species list documents from the following office,and expect that the species and critical habitats in each document reflect only those that fall in the office's jurisdiction: New York Ecological Services Field Office 3817 Luker Road Cortland,NY 13045-9385 (607)753-9334 1110412020 Event Code:05E1LI00-2021-E-00187 2 Project Summary Consultation Code: 05E11,I00-2020-SLI-0552 Event Code: 05E1LI00-2021-E-00187 Project Name: Upper Bowman Pond Selective Tree Removal Project Type: STREAM/WATERBODY/CANALS/LEVEES/DIKES Project Description: The City of Rye is considering removal of selective hazard trees in Upper Bowman Pond to protect the dam and to help restore the pond and improve flood mitigation and other benefits. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/41.00317226565812N73.68942997358431W Fes..,:..... g Counties: Westchester,NY IV04/2020 Event Code:05E11-100-2021-E-00187 3 Endangered Species Act Species There is a total of 0 threatened,endangered,or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area.For example,certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl,as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the"Critical habitats"section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction.Please contact the designated FWS office if you have questions. 1. NOAA Fisheries,also known as the National Marine Fisheries Service(NMFS),is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. NEW YORK STA TE O f parks Recreation OPPORTUNITY and Historic Preservation NDREW M. CUOMO ERIK KULLESEID overnor Commissioner August 17, 2020 Alicia Shultz Environmental Scientist HCR 38 State Street albany, ny 12207 Re: GOSR UPPER BOWMAN POND IMPROVEMENTS PROJECT 20PRO5004 Dear Alicia Shultz: Thank you for requesting the comments of the State Historic Preservation Office (SHPO). We have reviewed the project in accordance with Section 106 of the National Historic Preservation Act of 1966. These comments are those of the SHPO and relate only to Historic/Cultural resources. They do not include potential environmental impacts to New York State Parkland that may be involved in or near your project. Such impacts must be considered as part of the environmental review of the project pursuant to the National Environmental Policy Act and/or the State Environmental Quality Review Act (New York Environmental Conservation Law Article 8). Based upon this review, it is the opinion of the New York SHPO that no historic properties, including archaeological and/or historic resources, will be affected by this undertaking. If further correspondence is required regarding this project, please be sure to refer to the OPRHP Project Review (PR) number noted above. Sincerely, R. Daniel Mackay Deputy State Historic Preservation Officer Division for Historic Preservation Division for Historic Preservation P.O. Box 189,Waterford, New York 12188-0189•(518)237-8643•parks.ny.gov Attachment 7 2020 Town of Rye Property Card, Previous Village Approval for Upper Bowman Dam, and Proofof Ownership n� m a � o N � C O O p0 o O U5 M E o M V Q] tP ^ P- Op L K } O R tocc Ef8 V V c7 a �n Q -- o - x cD fV 4� M z z = � f„ N �L' LL (Cl rV •7 O O r--LI Q N ^" n C +— In CA N v a O f O a Q7 cn o Nci W M U a N N M o 0 QJ :M4 Cn a N `� d z O Qom) rn o m — � a o v 1 a u Q o ai " fY cn m U7 W h- C) (D � r-1 1 'r o Qcz s U x F+ m O v Cl) c-I m E z Q o yes o cD V C to U7 !LC C O N N E ru O V U1 > !T K C tD t) to N O _> m O LC) O O G d G O C ' O N [V c) V M O N M G G N < N M = U O O N fV r7 y 0 r K �n tr Q N N C N m N E -22 U a a b, w m y U n o ` m m a Yo 0 t U N — n > .n rn u to m q7 C L < '-t LU -O O C Q7 -C rn : 2 a cn <roi d O in N z r -j ii n o U cn a 1 ► � k• On a motion made by Trustee Brown and seconded by Trustee Marrow,the following resolution was adopted. CONSIDERING A PROPOSED SITE PLAN APPLICATION REGARDING TI-IE INSTALLATION OF A SLUICE GATE ON BOWMAN AVENUE WHEREAS, the City of Rye and the Pillage of Rye Brook participated in a March 2008 Flood Mitigation Study(the"Study' of the Bowman Avenue Dam Site ` i and Lower Pond prepared by Chas.H.Sells,Inc.to analyze flood damage reduction measures and to identify certain projects that may assist in flood mitigation;and 4 i WHEREAS, in this Study, Chas. H. Sells, Inc. recommended that the City of Rye and the Pillage of Rye Brook consider the implementation of a sluice gate (the'project')at the Bowman Avenue dam on property owned by the City of Rye; and )XEI�MREAS, the City of Rye and tim Village of Rye Brook hHvc raxived grant assistance to offset the$2.2M total estimated cost of the Project;and WHEREAS, on April 15, 2009 the City Council of the City of Rye approved a Resolution declaring itself to be Lead Agency for this Project pursuant to the New York State 17nviroTunental Quality Review Act("SEQRA")based on its review of the Full Environmenud Assessment Form ("EAF"),the criteria listed in 6 NYCRR 617.7(C),and other records,and adopted a Negative Declaration;and j WHEREAS, on September 13, 2011 the Village Board of Trustees ' i; approved an Inter-municipal Agreement ("IlvIA") for the construction, operation j and maintenance of the sluice gate project and authorizing the contribution of up to I $136,710 in Village funds towards this Project;and , WHEREAS, on September 16, 2011 the Village received a site plan application by the City of Rye ("Apphicane to improve the existing Bowman Avenue Spillway with die installation of a new electrically-controlled sluice gate, back-up power generator, and a maintenance access driveway, on property owned ' by the City of Rye but located within the Pillage of Rye Brook and the ! Town/Village of Harrison along the south side of Bowman Avenue and designated as Section 141.26,Block 1,Lot 2 on the Town of Rye Tax Map in the R-10 Zoning District and the Bowman Avenue Scenic Roads Overlay District("Propeety'�;and WHEREAS, due to the applicant's status as a municipality, the Village Board of Trustees considered a host of factors pursuant to Mauer of Counp,ofAfonme u Cip,of.Roclvste,72 N.Y.2d 338, 533 N.Y.S.2d 702(1988), to determine whether it is ir, the best interests of the public for the Appllcadon of the City of Rye to be subject to die Village of Rye Brook's local land use regulations;and WHEREAS, on September 27, 2011, the Board of Trustees resolved that the subject application shall be subject to die Pillage of Rye Brook's local land use regulations to die extent set forth in its September 27,2011 Resolution;and WHEREAS, on September 27, 2011, the Board of Trustees resolved *to retain approval authority for the City of Rye's applications for approval of a Site Plan, Steep Slopes Permit and a Permit to Perform Regulated Activities in a Wedand;and WHEREAS, on September 27, 2011, the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation;and i WHEREAS,the Planning Board reviewed the application at its October 13, 2011, November 10, 2011 and January 12, 2012 meetings and referred a positive Report and Recommendation to the Board of Trusrees on January.12,2012;and i k WHEREAS, the Board of Trustees has reviewed the following plans and application materials: i ! I. Site Plan Application and Checklist i 2. Exterior Building Permit Application { 3. Environmental Assessment Dorm(EAI)Parts 1,2,and 3 4. Letter to the City of Rye Lngineering Department from the Village Building Inspector dated August 8,2011 i 5. Letter to the Rye Brook Board of Trustees regarding construction i management from WSP Sells,Briarcliff Manor,N.Y.dated December 21, 2011 6. Letter to the Planning Board from NVSP Sells,Briarcliff Manor,N.Y.dated November 10,2011 i October 26,2011 8. Letter to the Village from the Westchester County Planning Board dated October 31,2011 'II 9. Letter to the Village Building Inspector•from WSP Sells,Briarcliff Manor, ! N.Y.dated September 16,2011 iI' 10.Tree Condition Assessments prepared by SavATree Consulting Croup, { t Bedford Hills,N.Y_dated November 7,2011 11.Engineer's Plans,prepared by WSP-Sells,Briarcliff Manor,N.Y.: Sheet Number Sheet'Iide Dated 1 of 26 Title Sheet/Index October 2011 2 of 26 Genera/Notes/Legeudl,0vantilies October 2011 3 of 26 Pmjecl Location Plan January 2012 i f 4 of 26 Site Plan October 2011 (I 5 of 26 Restoration Landscape Plait January 2012 ! A 6 of 26 Landscape Details January 2012 7 of 26 Tree P)rsenastiotlPmtecliol Plan I January 2012 7A oE26 Tree Pmsenwdon/Pmlection Plait 2 January 2012 8 of 26 Coustniction Details October 2011 ; 9 of 26 Sbiia Gate Details October 2011 10 of 26 Meclianicals and Coat,nls Pad October 2011 ]1 of 26 Stage Station Location I October 2011 12 of 26 Stage Station Location 2 October 2011 13 of 26 Stage Station Location 3 October 2011 1 of 1 Omrall Exisliq Plan October 26,2011 1 of 1 Construction Manageniurl Plan December 16,2011 ] of 1 Deed Plotting wilt,TopogiaplJ,and Pmposed 11"ok Locations January G,2012; and WHEREAS, the Village Planning Consultant, Village staff, Planning Board and Board of'Trustees reviewed the information, submitted comments and made recommendations regarding the site plan, the landscape plan, zoning, grading, tree protection, stoim water management, erosion and sediment control and the construction management plan, and the plans were revised according to die comments;and WHEREAS, on November 22, 2011 a public hearing was opened on the subject application and continued to December 13, 2011 and januat}• 24, 2012, at which time all persons interested were given an opportunity to speak on behalf of or i i! in opposition to said application and the Village Board closed the public hearing on January 24,2012;and ii; WHEREAS, the Board of Trustees has considered the wetland permit !; standards set forth at Village Code § 245-8(A) and recognizes the Applicant has proposed to provide sufficient restoration of the'wetland buffer proposed to be i disturbed;and WHEREAS, the Board of'Trustees has considered the steep slopes work i permit standards set forth at Village Code§213-6 and recognizes time Applicant has eliminated all proposed extremely steep slopes (35% or greater) so that the maximum proposed slopes are now 30% or less and sufficient slope stabilization is proposed;and i WHEREAS,the Board of Trustees is familiar wadi die site and all aspects of die project. 1 i NOW, THEREFORE, BE IT RESOLVED, that die Village of Rye die recunurtendadon of the ��age i Superintendent of Public Works/)Engineer and the Village Planning Board, the j i! Applicant's request for a waiver from die requirement of Village Code §209- j 3(c)(2)(b) thal a standard topograpliic survey for die entire property be submitted i with the application;and be it �i iFURTHER RESOLVED, for the reasons stated herein,that the Village of j Rye Brook Board of Trustees hereby approves the site plans listed herein to j improve die existing Bowman Avenue Spillway with the installation of a new j electrically-controlled sluice gate, back-up power generator, and a maintenance access driveway, for property known and designated on the taxi map of the Village Of Rye Brook Section 141.26,Block 1,Lot 2,shown on the set of plans listed above, upon the following condition: 'i t, (� 1. The 17 proposed replacement trees required pursuant to Chapter 235 of the Village Code shall be revised to the satisfaction of die Village Engineer/Superintendent of Public Works to be a mix of at least three '1 native,non-invasive,hardwood tree species. I; � } F 2. Prior to the issuance of a building permit the Applicant shall obtain from 1 the Village Superintendent of Public Works/Engineer approval of the Construction Management Plan and time Erosion and Sediment Control j Plan;and be it ; FURTHER RESOLVED, that die Board of Trustees hereby grants a , Permit to Perform Regulated Activities in a Wedand for property known and designated on the tax map of the Village of Rye Brook as Section 141.26,Block 1, 1 Lot 2,shown on time set of plans listed above,subject to die Mowing conditions: 1. '7'he Wetland Permit shall be valid for a period of one year from the date of this resolution, however, an extension of an original permit may be granted upon written request to the Board of Trustees by die original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit. 2. The written Wetland Permit issued pursuant to diis approval shall contain the following conditions pursuant to Section 245-11(B) of the Village of Rye Brook Code: a. Work conducted under a permit shall be open to inspection at any mime,including weekends and holidays,by the approval authority, die ;i ;i I Advisory Council on Environmcntal Consemation, the Village Engineer or their designated representatives. b. All permits; issued under this chapter shall be void and of no effect after one year from the date of issue thereof, unless the work for which the permit was issued has been actually commenced and not ;l been abandoned during that period.In such cases,die applicant may ireapply for a wetlands permit from the approval authority in i accordance with the provisions of this chapter. If the work for which ti the permit was issued has commenced within one year from the date of issuance of die permit, such permit may be renewed by die approval authority in accordance wid-i the renewal provisions set f fords at§245-5(B)(7)of the Village Code. c. The permit holder shall provide written notification to the Village Engineer of the date on which the regulated activity is to begin at i least five business days in advance of such date. project site during the undertaking of any of the activities authorized by the permit e. The boundaries of the regulated activity and all wetlands and watercourses shall be stated and appropriately marked in the field so - j as to make the boundaries visible. f. The permit,including all conditions,shall be binding on all successors land assignees of the permit holder;and be it .j FURTHER RESOLVED, that for the reasons stated herein, the Village of Rye Brook Board of Trustees hereby grants a Steep Slopes Work Permit for property known and designated on the tax map of the Village of Rye Brook as j Section 141.26,Black 1,Lot 2,shown on the set of plans listed above,subject to the following condition: 1. The Applicant shall be responsible for maintaining, repairing and monitoring the stability of die steep slopes to the design standards intended,requirements of the Village Code and to the satisfaction of die Village Superintendent of Public Works/Engineer and/or consultants. TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG ABSENT MAYOR FEINSTEIN AYE I 5fate of Pefu tJorit (flotettily of Acsidlester sa.: Tillage of �tgv Praalt 1 hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of Rye Brook which was duly passed by said Board ou January 24 20 12 IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the Seal of the Village of Rye Brook,this 25 day of J anuary,:� 20 12 ii Christopher Bradbu , Village Clerk N,Y.DEED.-.WARRAtITY:-FULLCOYENANT.•(LnwOl1 O L.hl? i/OCOvpaaliaJ,9�60/1E3I3gµS/ne�{/N�wJ .Made the 3.5th dab of June, M. the year Nineteen Hundred and f orty.. 4 M gt WESTCHE3T 7 SERVICEG01'??C�'ikTION, a corporation organized .gin.. exi" 'Winn under and. by virtue of the lays of the State of Ner York and having itst,nrincipal office in the City of Yonkers, Westchecter Coitnty, 111er York, party of the first part, and VIL1,A:3--E Or RYE, a rRunicinal corporn.tion of the County of °'estcrester r- ' State Gf iT ,t�. :•.'ork, YJttrty of the second part. M #flI, that the said party of the first part, in consideration of �� 1 T:',' XTY THOUSAND ( ;20, 000) -_- _-___ _____. Dollars, lawful money of the United States, paid by the part y of the second part, do th hereby Irant and release unto the said party of the second part, its successors &airs and assifns forever, All that certain .farm, trect or pAreel of lana with the bui7.d.invs and imnrovempnts thereon erected, situate, lying; and beinc. in the ToTgns of Pave and. Hsrrj.son, its the County of Westchester �?nd 'Stnte of die-:, Y-irk and more na,rticixla,rly bounded and described as fG1lor's : Bef,inning on the. ;south side of the Old White Plains Road in the tolvn of Rye, at the 'northeast corner of the property about to be conveyed and adjoininf; land now or formerly of Tdga.r F. Price, and running thence south 80 321 west, 346.65 feet, to the center Line of Blind Brook, tae dividing line between the toxin of Rye and the town of Enrrison; running thence alonj the center line of Blind Brook and the dividing line between tale town of NyA �7n3 the torn of lia.rrison, the following courses and distances: so, th 890 46' east, 17.21 feet; a south 570 29 ' east, 54.91 tpe<. ; south '+70 -59, easct,, 154.�3 feet; south 80 ��' east, 48.��H feat : so;.�th � .4° 29' cn,st �5.�8 feet: so�zth 6,0 48� L48ER3852 PmEN oget.aer wtth all ri�>;i�t, title and interest of the party of the first part of, 'in and to snip Old Thite Plains Rona and Blind ?rook in front of nn('3 nd,jacent to said premises. ' Sub.ject to the zoning aria )lanni.n,, ordinances of the Towns of .Rye and Harrison. i v LMER3852` `PAGE�3e 0,MM ft D_#f_ Ifeste'hester. A ninth August, fn�earilJ ,imP�I.PP/V� JtAA/Ylt�1.�,L�111� forty K. H. PUR.DY to r,ie known, �holbe`2ncr, by me c?ul t«yarn dicl c�P Y , .pose and gay that heLresldes at Tarrytown$ New York a+c 04(-AA..*. .-f-+,. that he is the Vice President of I�egtchester 3ervic4 Coroo— ration, the corporc.tion described. in, and t1,hich executed the foregoing instrument; that he kno+prs the seal of sa�td`` corpor.;tion; that the seal affixed to said instrument is such corporate seal; that it !"193 so e.ffi.xed b1 order of the Board of Directors of said corporation; ano t?1n t he signed hip nA._ P beret by like order*. of- v Public NOTARY IUOl,0.MFBT M[eITER co &.Y. V' 7EA.1•EXPfREB MAM M 1#1 ecordsd fn tine dffice- of tha derk f tna Coun#y of %4'ostche,ter (Div4lon of f_amd Pecorus) on /3-3of one.js. Wi'koess fnf hand _ � xf�; n- - .y.��ua2• Uoke �ancf`t�fliei�(`seaT• • � t oty low M r C1 '�• O �O 3 u q)zr •y � � � ��' z Q uS s', r U4 H .. ...�. _ _ .. i✓ c�' c Z r. Q; .� N \ O M 0 V r� _.Lr T.________ .T_'rT, C'';-- -ZtI/ � � .IJ-TI l'.C)d�-,o Lr~r✓T�t rwL . .'WCJ,. R. • �Se/ t ♦ lYV ,.., 1 •sastuca.td p?ns ol a22?� ayl VW"*.caaa.to•� 22?ac 2.tvd qs cp' a�2 Jo 2.tpd pens OW 2VLL— •sas?uta.cd p?ps o2 9221� ay2 fo aouv.cnssv flaossooau .zogq inj Run a.M00.1d .co a2nooxa 12?m pvd 2s q( ay2 fo .9 2.tvd ay? 2 �= sa gdaaxa tsaort'Paqutnoua woo 994 o v sosiwiRad p?vs 9112 ?vyL-1041 •sas?uta.td Invo ays fioPuo R2la?,nb 21vqs gaVd puooas ,(o Zgivd "I IPyL=S •autos ay2 flaauoo o2 q'iff t poo,f a vy puv 192d w2s "J u2 sastwead p?vs ay? ,.l'o poz2as s T °2•tvd Is-.t� azf2 Flo J�pvd :sino22o,1 sv I.cvd puoaas "I jo �,pvd p?vs guvuaaoo u;op `javd A .. rr - p?vs az1¢ ����•lY� •asod.cnd.t9rf2o Ruts .to aivas a,,11 j0 2v1o2 Pyljo 2.tvd Rua ffu?sn oao,laq 2uautaaoad-u2 x J0 2860 at[l,�o 2uatufinri d112 012s.tZ(azuus 911q Filridn Y1?:n .ioquva art? 1v211 p2ty `2ua2u -aaoadwz a tit ; o ~2soo .ay2 o u?Rvd jo asod t nd aztl aof?,vaZ(pa?lddv aq o2 pun, 2sna? v S"D aouvRaauoo 8tV2 .toj uo??n•tapzsuoo ayl aa?aaa,c 22?az xarn � �xt��t:����t '� �2�'�x �x�rat�c��cu�xpruv.c�a• �at¢ ��rmagr �v6 xrau a� X� �s ,�T 4'13u'} ua-rZ auk jo �T uoT43ag uqTir► aaualtdutoo uT Yzaquva�� auk •.toaa.cof si4?ssv pup xs zkc '2.tvd puoaas 9z12 jo SAossaoons sqT 2.tvd p?vs a-t12 o2un `sas?uta.cd pa?uv4 aaogv "I •99s?2ua.td p?ps aq2 o2 pup u? ?.cod 2s.q( azf2 (o 2.cvd ez(l fo 91p2s'9 M '22p pup saaupua2.enddv ow 1171en 3 Attachment 8 Wetland Delineation Report Wetland and Stream Delineation Report Upper Bowman Pond Clearing Villages of Rye Brook and Harrison Westchester County, New York Prepared for: OBG Part of Ramboll O'Brien&Gere Engineers, Inc. 333 W Washington Street Syracuse, NY 13202 http://www.obg.com/ Prepared by: Environmental Design&Research, Landscape Architecture,Engineering,&Environmental Services, D.P.C. 217 Montgomery Street, Suite 1000 Syracuse, New York 13202 www.edrdpc.com November 2019 TABLE OF CONTENTS 1.0 INTRODUCTION.............................................................................................................................................14 1.1 STUDY AREA DESCRIPTION....................................................................................................................14 1.2 PURPOSE...................................................................................................................................................14 1.3 RESOURCES..............................................................................................................................................15 1.4 QUALIFICATIONS......................................................................................................................................15 2.0 REGULATORY AUTHORITIES AND PERMITS.............................................................................................16 2.1 WATERS OF THE UNITED STATES..........................................................................................................16 2.2 NEW YORK STATE FRESHWATER WETLANDS AND PROTECTED STREAMS...................................17 3.0 PHYSICAL CHARACTERISTICS AND RESOURCES....................................................................................18 3.1 PHYSIOGRAPHY AND SOILS....................................................................................................................18 3.2 HYDROLOGY.............................................................................................................................................18 3.3 FEDERAL AND STATE MAPPED WETLANDS AND STREAMS...............................................................19 4.0 ON-SITE WETLAND AND STREAM DELINEATION......................................................................................19 4.1 METHODOLOGY........................................................................................................................................19 4.2 RESULTS....................................................................................................................................................21 4.2.1 Wetlands.................................................................................................................................................21 4.2.2 Streams...................................................................................................................................................22 5.0 CONCLUSIONS..............................................................................................................................................22 6.0 REFERENCES................................................................................................................................................23 LIST OF TABLES Table1. Study Area Soils.............................................................................................................................................18 Table 2: Delineated Wetlands and Streams within the Study Area..............................................................................21 LIST OF APPENDICES Appendix A. Figures Figure 1. Regional Project Location Figure 1a. Project Location Figure 2. Topographic Mapping Figure 3. Study Area Soils Figure 4. Mapped Wetlands and Streams Figure 5. Delineated Wetlands and Streams Appendix B. Routine Wetland Determination Data Sheets Appendix C. Photos of Representative Wetland and Stream Communities Wetland and Stream Delineation Report Upper Bowman Pond Clearing ii 1.0 INTRODUCTION 1.1 STUDY AREA DESCRIPTION The City of Rye is considering a long-term goal of expanding and improving Upper Bowman Pond (A portion of Blind Brook impounded by the Bowman Avenue Dam) in a manner that results in flood mitigation benefits. One of the identified short-term steps toward this goal involves removal of the existing dense vegetation from around Upper Bowman Pond (the Pond) and proposed expansion area. In addition to being necessary for future expansion of the Pond, the proposed vegetation removal would also limit the potential for woody debris to affect the functional integrity of the Bowman Avenue Dam, improve the aesthetic nature of the property, and improve access to the pond and dam for maintenance personnel, vehicles, and equipment. At the request of O'Brien and Gere Engineers, Inc., Environmental Design & Research, Landscape Architecture, Engineering & Environmental Services, D.P.C. (EDR) delineated wetlands and streams within the limits of work proposed for the Upper Bowman Pond Clearing Project (the "Project") in the Villages of Rye Brook and Harrison in Westchester County, New York(the"Study Area"; see Figure 1). The Study Area's current land use consists primarily of successional floodplain forest and areas of open water. The Bowman Avenue Dam was originally constructed in the early 1900s and was rebuilt in 1941. The Pond, which was historically used for ice production, has been greatly reduced from its original size due to siltation and subsequent establishment of vegetation. 1.2 PURPOSE The purpose of this study was to delineate and describe wetlands and streams within the Study Area that could potentially fall under State or federal jurisdiction. Specific tasks performed for this study included 1)a review of publicly available resource data and maps, 2) field delineation and data collection, flagging, and GPS mapping of potential State and federal jurisdictional wetlands and streams, and 3) describing these potential jurisdictional areas based on hydrology, vegetation, and soil data collected in the field. This report describes the results of the wetland and stream delineations conducted by EDR. It is intended to provide the information necessary to identify jurisdictional areas,support subsequent permit applications with the United States Army Corps of Engineers (USACE) and the New York State Department of Environmental Conservation (NYSDEC), Wetland and Stream Delineation Report Upper Bowman Pond Clearing 14 and inform other impact evaluations conducted in support of the Project (e.g., a State Environmental Quality Review Act Environmental Assessment(EA)). 1.3 RESOURCES Publicly available supporting materials and data were derived from United States Geological Survey (USGS) topographic mapping (Glenville 7.5 minute quadrangle), United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) mapping, NYSDEC Freshwater Wetlands mapping, the Natural Resources Conservation Service (NRCS) Web Soil Survey (Soil Survey Staff, 2018), the NRCS List of Hydric Soils of the State of New York (NRCS, 2017), and recent aerial photography. Vascular plant names presented in this report follow nomenclature found in the New York Flora Atlas (Welly et al., 2018). Wetland indicator status for plant species was determined based on the National Wetland Plant List(Lichvar et al., 2016). Wetland and stream types were classified using the wetland and deepwater habitat classification system used in NWI mapping (Cowardin, 1979). 1.4 QUALIFICATIONS Wetland and stream delineations were conducted by EDR field ecologists Matthew Spadoni and Greg Redling. Mr.Spadoni is an Environmental Analyst at EDR and a graduate of Paul Smith's College where he received a Bachelor of Science degree in Environmental Science. Matt is a botanist proficient in biological, ecological, and environmental data collection, analysis, and reporting in a large range of settings and conditions. His experience includes wetland and upland vegetation identification, characterization of soil profiles, and analysis of wetland hydrology. Mr. Redling is an Environmental Analyst with over 5 years of professional experience in GIS-based applications. His experience includes data collection,database management,data analysis,and cartography. Greg is also experienced in property monitoring, conducting natural resources and ecological surveys, writing technical documentation and reports, environmental permitting, and wetland delineations. Wetland and Stream Delineation Report Upper Bowman Pond Clearing 15 2.0 REGULATORY AUTHORITIES AND PERMITS 2.1 WATERS OF THE UNITED STATES In accordance with Section 404 of the Clean Water Act, the USACE has regulatory jurisdiction over Waters of the Unites States(WOUS).As defined by the USACE,WOUS includes lakes,ponds,streams(intermittent and perennial), and wetlands. Wetlands are defined as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions"(EPA,2001).Such areas are indicated by the presence of three conditions: 1)a dominance of hydrophytic vegetation 2) presence of hydric soils, and 3)evidence of wetland hydrology during the growing season (Environmental Laboratory, 1987). The jurisdictional status of on-site waters can only be determined following an official jurisdictional determination provided by the USACE, which typically includes a field visit. That said, on June 5, 2007 the United States Environmental Protection Agency(EPA)and the Department of the Army issued Clean Water Act jurisdiction guidance regarding the extent of their jurisdiction following the Supreme Court's decision in Rapanos and Carabell(547 U.S., June 29, 2006).A summary of this guidance is as follows: The USACE will assert jurisdiction over the following waters: • Traditional navigable waters (TNWs); • Wetlands adjacent to TNWs; • Non-navigable tributaries of TNWs that are relatively permanent where the tributaries typically flow year-round or have continuous flow at least seasonally(e.g.,typically three months); and • Wetlands that directly abut such tributaries. The USACE will decide jurisdiction over the following waters based on a fact-specific analysis to determine whether they have significant nexus with a traditional navigable water: • Non-navigable tributaries that are not relatively permanent; • Wetlands adjacent to non-navigable tributaries that are not relatively permanent;and • Wetlands adjacent to, but that do not directly abut, a relatively permanent non-navigable tributary. The USACE generally will not assert jurisdiction over the following features: • Swales or erosional features (e.g., gullies, small washes characterized by low volume, infrequent, or short duration flow);and Wetland and Stream Delineation Report Upper Bowman Pond Clearing 16 • Ditches (including roadside ditches) excavated wholly in and draining only uplands and that do not carry a relatively permanent flow of water. The USACE will apply the significant nexus standard as follows: • A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical and biological integrity of downstream traditional navigable waters; and • Significant nexus includes consideration of hydrologic and ecologic factors. A Section 404 permit from the USACE is required for activities that result in the placement of dredged or fill materials in WOUS. 2.2 NEW YORK STATE FRESHWATER WETLANDS AND PROTECTED STREAMS The Freshwater Wetlands Act(Article 24 and Title 23 of Article 71 of the Environmental Conservation Law) gives the NYSDEC jurisdiction over state-protected wetlands and adjacent areas (100-foot upland buffer). The Freshwater Wetlands Act requires the NYSDEC to map State-regulated wetlands (typically over 12.4 acres in size) to allow landowners and other interested parties a means to determine where state jurisdictional wetlands exist. Each of these wetlands has been assigned a classification of I (highest rank) through IV (lowest rank) based on a list of criteria for each class identified in NYSDEC rules and regulations. Under Article 15 of the Environmental Conservation Law (Protection of Waters), the NYSDEC also has regulatory jurisdiction over any activity that disturbs the bed or banks of protected streams. In addition, small lakes and ponds with a surface area of 10 acres or less, located within the course of a protected stream, are considered to be part of a stream and are subject to regulation under the stream protection category of Article 15. Protected streams include any stream, or particular portion of a stream, that has been assigned by the NYSDEC any of the following classifications or standards:AA,A, B, or C(T)or C(TS) (6 NYCRR Part 701).A classification of AA or A indicates that the best use of the stream is as a source of water supply for drinking, culinary or food processing purposes, primary and secondary contact recreation, and fishing. The best usages of Class B waters are primary and secondary contact recreation and fishing. The best usage of Class C waters is fishing. Waters with a classification of D are suitable for fishing and non- contact recreation. Streams designated (T) indicate that they support trout, while those designated (TS) support trout spawning. Unprotected watercourses include Class C and Class D streams. An Article 15 permit is required from the NYSDEC for any disturbance to a stream classified C(T)or higher. Wetland and Stream Delineation Report Upper Bowman Pond Clearing 17 3.0 PHYSICAL CHARACTERISTICS AND RESOURCES 3.1 PHYSIOGRAPHY AND SOILS The Study Area is located within the Manhattan Prong of the New England Uplands physiographic province. This province exhibits complex geology and moderate relief dominated by hills and valleys.The topography of the region is reflective of the variable hardnesses of the underlying bedrock as well as glaciation.The Study Area itself is relatively flat being located primarily on a floodplain within Blind Brook's valley. The Study Area is located at approximately 50 feet above mean sea level. The Web Soil Survey of Westchester County,New York(Soil Survey Staff,2019)indicates the occurrence of three soil series within the Study Area as well as a substantial water-covered area(see Figure 3).Soil drainage in the Study Area ranges from poorly drained to well drained,and the listed soil textures are gravelly loam,gravelly silt loam,and slightly decomposed plant material.Table 1 lists the soil series found within the Study Area and their characteristics."Hydric" and"Potentially Hydric"designations are based on information obtained on the NRCS Web Soil Survey.Although soil series may be generally classified as hydric or potentially hydric in the online databases,this classification is for general use and does not supersede specific conditions documented in the field. Table 1. Study Area Soils Mapping Series Slope(%) Drainage' Hydric' Potentially Unit H dric Chatfield-Hollis-Rock outcrop CuD 15-35 WD No Yes complex, 15-35 percent slopes Fluvaquents-Udifluvents complex, Ff 0-3 PD No Yes frequently flooded Ub Udorthents,smoothed 0-8 MWD No Yes Soil drainage is represented by the following abbreviation: "ED"=excessively drained,"SED"=somewhat excessively drained,MD"=well drained,"MWD"=moderately well drained,"SPD'=somewhat poorly drained,"PD=Poorly Drained,"VPD"=very poorly drained. 2"Yes"indicates this soil is listed as containing 66%or more hydric components within the map unit as listed on the USDA Web Soil Survey. '"Yes"indicates this soil is listed as containing 1%to 65%hydric components within the map unit as listed on the USDA Web Soil Survey, 3.2 HYDROLOGY The Study Area is located entirely within the Bronx Hydrologic Unit (02030102) which spans approximately 120,545 acres. Surface hydrology within the Study Area is associated with Blind Brook, a NYSDEC Class C perennial stream which is dammed just downstream of the Study Area. The upstream drainage area is approximately 4500 square miles Wetland and Stream Delineation Report Upper Bowman Pond Clearing 18 and does not appear to include any TNWs. The Study Area also receives average of approximately 47.55 inches of precipitation annually(as measured from 1999 to 2019 at the nearby Westchester County AP weather station; NOAA, 2019). Water from the Study Area flows along Blind Brook to Milton Harbor(TNW)where it enters Long Island Sound approximately 3.5 miles downstream. 3.3 FEDERAL AND STATE MAPPED WETLANDS AND STREAMS NWI mapping identified three wetland community types within the Study Area, totaling approximately 3 acres (Figure 4): freshwater ponds (2.4 acres); Freshwater Forested/Shrub wetlands (0.5 acres), and riverine wetlands (0.1 acres). There are no NYSDEC wetlands mapped in the vicinity of the Project.One Class C unprotected NYSDEC stream(Blind Brook)flows through the Study Area. 4.0 ON-SITE WETLAND AND STREAM DELINEATION 4.1 METHODOLOGY EDR personnel conducted field delineation of wetlands and streams in the proposed Study Area on August 14, 2019. The identification of wetland boundaries was based on the methodology described in the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987). Determination of wetland boundaries was also guided by the methodologies presented in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region, Version 2.0 (USACE, 2012). Attention was given to the identification of potential hydrologic connections between wetlands and areas that could influence their jurisdictional status. Wetland boundaries were defined in the field with sequentially numbered pink surveyor's flagging and were mapped using a GPS unit with reported sub-meter accuracy. Data were collected from sample plots in representative wetland cover types and recorded on USACE Routine Wetland Determination forms (Appendix B). The data collected at each delineated wetland included dominant vegetation, hydrology indicators, and soils characteristics. The Regional Supplement lists the following primary indicators of wetland hydrology: (Al) surface water, (A2) high water table, (A3)saturation, (131)water marks, (B2)sediment deposits, (63)drift deposits, (134)algal mat or crust, (135) iron deposits, (137) inundation visible on aerial imagery, (68) sparsely vegetated concave surface, (69) water-stained leaves, (1313) aquatic fauna, (1315) marl deposits, (Cl) hydrogen sulfide odor, (C3) oxidized rhizospheres on living roots, (C4) presence of reduced iron, (C6) recent iron reduction in tilled soils, and (C7) thick muck surface. Per the Wetland and Stream Delineation Report Upper Bowman Pond Clearing 19 Regional Supplement, the presence of any one of these "primary" indicators is sufficient evidence that wetland hydrology is present. In addition, the Regional Supplement identifies the following secondary indicators which were also used by EDR personnel to determine wetland hydrology: (66)surface soil cracks, (1310)drainage patterns, (1316) moss trim lines, (C2) dry-season water table, (C8) crayfish burrows, (C9) saturation visible on aerial imagery, (D1) stunted or stressed plants, (D2) geomorphic position, (D3) shallow aquitard, (N) microtopographic relief, and (D5) FAC-neutral test. In accordance with the Regional Supplement, in the absence of a primary indicator,the presence of any two of these"secondary"indicators is considered a suitable indication of wetland hydrology. Assessment of vegetation focused on the identification of dominant plant species in four categories:trees(>3"diameter at breast height), saplings/shrubs (<3.0"diameter at breast height and >3.2' tall), herbs (<3.2'tall), and woody vines. Dominance within each stratum was measured by visually estimating those species having the largest relative basal area (trees), greatest height (saplings/shrubs), greatest number of stems (woody vines), and greatest percentage of aerial coverage (herbaceous) by species. Wetland indicator status for dominant plant species was determined by reference to the National Wetland Plant List (Lichvar et al., 2016). Wetlands are indicated by a dominance of hydrophytic plant species. Hydric soils are those that are poorly drained and are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil layer.The presence of hydric soils is indicative of the presence of wetlands(Environmental Laboratory, 1987).Hydric soil conditions were determined in the field through observation of composition,color,and morphology.Soil data were collected by using a soil auger and tiling spade.Soil colors were determined using Munsell Soil Charts (Munsell Color, 2009). Information concerning soil series, color, texture,and matrix and mottle color was recorded for each delineated wetland and used to determine whether the soils displayed hydric characteristics. Streams were identified according to the Cowardin Classification System (1979) and stream boundaries were determined based on the presence of ordinary high-water mark(OHWM)characteristics.Typical OHWM characteristics include a"clear,natural line impressed on the bank,shelving;changes in the character of soil;destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas"(CFR, 1986). Stream boundaries were defined and mapped in the field using the same method as described above for wetlands. Data regarding stream gradient(gentle, moderate, or steep),stream bank and channel width,water depth,stream bed substrate,in-stream cover,and flow regime(perennial,intermittent,or ephemeral)were collected and recorded on a stream inventory form. Wetland and Stream Delineation Report Upper Bowman Pond Clearing 20 Photographs were taken of each wetland and stream delineated within the Study Area. Representative photographs of the delineated areas are included in Appendix C. 4.2 RESULTS EDR ecologists identified one wetland and four steams within the Study Area. All delineated resources were found to have direct surface water connections with each other. The stream channels appear to be part of the same stream system and are directly abutted by the identified wetland. The wetlands and streams were categorized in accordance with the Cowardin et. al. (1979) classification system. The identified wetland contained both forested (PFO)and open water (POW) communities while the identified stream channels were classified as either lower perennial (R2), or intermittent(R4). These wetlands and streams are detailed in Table 2, depicted in Figure 5, and described in sections 4.2.1 and 4.2.2 below. Table 2: Delineated Wetlands and Streams within the Study Area Delineation Latitude Longitude Wetland Acreage Total Stream Linear Federal State ID' of Of Cent oid Centroid by TyI� Wetland eage Type Stream Feet of Jurisdiction' Jurisdictions PFO POW A 41.0030 -73.6891 3.15 0.81 3.95 Yes No B 41.0031 -73.6888 R2 827 Yes No B-A 41.0032 -73.6890 R4 146 Yes No B-B 41.0032 -73.6883 R4 210 Yes No B-C 41.0028 -73.6890 R4 116 Yes No 'Field ID assigned by EDR. Please note that individual ID numbers may include multiple wetland/stream types. Some wetlands identified in the field(wetland E)were found to be part of another wetland and are not included in this report. 'Wetland community types are based upon the Cowardin et al.(1979)classification system:PFO=Palustrine Forested,POW=Palustrine Open Water. 3 Stream types are based upon the Cowardin et al.(1979)classification system:R2=Lower Perennial,R4=Intermittent. 'Based on visual observation of hydrologic connectivity in the field and review of available spatial data. Final jurisdictional determination to be made by the USACE. 513ased on existing NYSDEC mapping of freshwater wetlands and streams.Final determination to be made by NYSDEC. 4.2.1 Wetlands Forested Wetlands—The forested portion of Wetland A has an overstory dominated by black willow (Salix nigra) and red maple(Acerrubrum). Common understory species include spotted touch-me-not(Impatiens capensis)pale-yellow iris (Iris pseudacorus), and purple loosestrife (Lythrum salicaria) (see Appendix C). The soils in this portion of the wetland were black and had a muck texture.They exhibited a hydrogen sulfide odor(A4),and a depleted dark surface (F7). Evidence of wetland hydrology include surface water, a high water table, saturation, drift deposits, iron deposits, hydrogen sulfide odor, as well as several secondary indicators. Wetland and Stream Delineation Report Upper Bowman Pond Clearing 21 Open Water Wetlands—The open water portion of the identified wetland was largely unvegetated, though areas of emergent wetland vegetation, including cattails(Typha angustifolia and Typha latifolia)and pickerelweed (Pontederia cordata), existed along the edges. The area contained deep mucky substrate and had surface water up to one foot deep. Soils were not sampled in this portion of the wetland. Uplands adjacent to Wetland A consist primarily of steep forested slopes. Dominant species include tuliptree (Liriodendron tulipifera),cottonwood (Populus deltoides),various maple species(Acer rubrum,Acer saccharum,Acer saccharinum), hawthorn(Crataegus sp.), riverbank grape(Vitis riparia),multiflora rose(Rosa multiflora),and mugwort (Artemisia vulgaris).The upland soils were brown and sandy with a rock refusal within 5 inches of the surface. 4.2.2 Streams A single stream system was identified in the Study Area, including one perennial main channel and three intermittent channels, all associated with Blind Brook, a state-mapped unprotected (Class C)stream.The main channel—Stream B—has a gentle gradient (0-5% slope) with a sandy, silty substrate. The bankfull width of the main channel is approximately 25 feet, with areas of undercut banks and overhanging vegetation. At the time of EDR's survey, the channel width was approximately 22 feet and water depth was approximately 10 inches. Deep pools, logs,and woody debris were observed in the main channel. 5.0 CONCLUSIONS EDR ecologists identified one wetland within the Study Area based.The wetland consisted of both forested and open water communities and totaled 3.95 acres within the Study Area. EDR ecologists also identified one perennial and three intermittent stream channels totaling 1,299 linear feet within the Study Area. The primary functions provided by the wetlands and streams within the Study Area appear to be flood flow attenuation. All wetlands and streams within the Study Area appear to have direct surface water connections to a WOUS, and are likely to be considered jurisdictional by the USACE under Section 404 of the Clean Water Act.The delineated wetland and streams are not expected to fall under State jurisdiction, pursuant to Articles 24 and 15, respectively. Final determination of wetland and stream jurisdictional status will be made by the USACE and NYSDEC. Wetland and Stream Delineation Report Upper Bowman Pond Clearing 22 6.0 REFERENCES Code of Federal Regulations(CFR). 1986.33 CFR 329.11. Navigation and Navigable Waters: Definition of Navigable Waters of the United States. Available at: https://www.ecfr..qov/cgi-bin/text- idx?c=ecfr&SI D=2fcc86a0ae4919652ccaf4d67829679d&rgn=div5&view=text&node=33:3.0.1.1.35&idno=33 Cowardin, L.M., V. Carter, F.C. Goblet and E.T. LaRoae. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, OBS-79/31, Washington, D.C. Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual.Technical Report Y-87-1.U.S.Army Corps of Engineers:Waterways Experiment Station;Vicksburg, MS. Lichvar, R.W., Banks, D.L.,and Melvin, N.C.2016. The National Wetland Plant List:2016 Update of Wetland Ratings. Phytoneuron 2016-30: 1-17.https://wetland plants.usace.army.miI (Accessed September 2018). Munsell Color. 2009. Munsell Soil Color Book.X-Rite, Incorporated. Grand Rapids, Mi. NOAA. 2019. Temperature and Precipitation Summary for Westchester County AP, NY, 1999-2019. NOAA Regional Climate Center.Available at: hfp://agacis.rcc-acis.org (Accessed September 2019). NRCS.2017. New York Portion of the 2017 National Hydric Soil List.Available at: hfp://www.nres.usda.gov/wps/ portal/nres/mainlsoils/uselhyddc(Accessed September 2018). Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. 2019.Web Soil Survey.Available at: http://websoilsurvey.nres.usda._qov/(Accessed September 2019). United States Army Corps of Engineers (USACE). 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Northcentral and Northeast Region, Version 2.0. ERDC/EL TR-12-1. Vicksburg, MS: U.S. Army Engineer Research and Development Center. United States Department of Agriculture(USDA). 1994. Soil Survey of Putnam and Westchester Counties, New York. United States Department of Agriculture, Soil Conservation Service,Washington, D.C. United States Environmental Protection Agency(EPA).2001. Interagency Memorandum from Gary S. Guzy(General Counsel for the U.S. Environmental Protection Agency) and Robert M. Anderson (Chief Counsel for the U.S. Army Corps of Engineers). Memorandum Subject: Supreme Court Ruling Concerning CWA Jurisdiction over Isolated Waters. Weldy,T.,D.Werier,and A.Nelson.2018.New York Flora Atlas.[S.M.Landry and K.N.Campbell(original application development), USF Water Institute. University of South Florida]. New York Flora Association,Albany, NY.Available at http://newyork.plantatlas.usf.edu/. (Accessed September 2018). Wetland and Stream Delineation Report Upper Bowman Pond Clearing 23 APPENDIX A Wetland Delineation Report Figures • .,boat Ra , O "q wrVrry o �Sle u? U I t•111V�Ic� lS.»r J t'1 �• � t v' 3 n�,A<pH,i G Q , b� ltbP� \ 4b'O RCS a a yN o, � Q R�'S o a mom° 6•wc � I aP m clw.,H a,`s �IUA9 17 �Yy --�MmY c jI Fs$ cc cu Pk' cu O 4l / _e Nil oa i ,; L - Ne 4<Ra.,an b 3-. rtA h,i Y J - �o WE Ig V u S •.b - U � yy O n 3• J f 8 8 JS'� .6 Z fC m o of ° u f s 0 �o p =1 L E 6 a• Z 0 J N �q " ¢ O O 3 a m OC FX `O m CD da ,<�••`•Y •maa"°�� iE _<� of ; O sn Eco ry _ E C Pb.•1�VPP,-19� F g `S �: L N m E ° y ` 0 Y p Q (D y T 'lei -- goes . � ■ ■ ■ _�, u = � INS cc � / 2 ± !¥ < ® 3: k \ \ \ � CD± 3 } f 00 co Cj - . u \ } < c / \ ECD m - I \ y \ k + . . � . ¥• _ ! / & - 2k r 2 ) 2 < m_1 uo,@»§ . § m = c ifm » ` r \\ ® ƒ )2 CL � : k }\ 1 CL 15 Of fit, s 10 cn t 1 rJ ErN PHEASlr a =_ S -- Town Of Rye .• T,- a J��� U a' Town ofHar144{ " s .,�. O ` 1 C cc CL m c n CD CL rCO §LL a m ea a o f-f ' O w G _- !� � Q � a c E LL Z o�E �E k § �2 « � & 2 §2 � - � &a2 eGa � £ o ��- ) §2 co COD c 2 \ - / k 7 ƒ CD %<\ �2 � 2 ■ /2 AK � w« k Bk k �7 @ �2 �\ � �• ■k � �ƒ � ��� ^ ` ^ ` ■� � �/ / CM0 c2 0 �n20 \ c §} ■ « � § 0 # Mal k m Lu _ As. o ƒ §G § . . y . . ` � . � � $ � z &■ - . . • ' o U av 3 'Try IF O10 _ • � Y h � �X� poi , ! $ of p v/ .1, (Q U in o_ (D C Q U T N � N r" Cn U Z E E t Y E rn� Z 5 c y c L d U E n� f° E Hoa o a6ell!A $ E o UOSI e 86e111 cm d E c H to C U N Z C -0 n c o / • o U) E ` Q G y M� W Q I* I h y o / U 14; r F z �o �o ,Q N 0 9 � '00 8 � { -- i �we•-0S •i y E CDc in � o m JVf 3 Q C.� w m a� � m ¢ atOi a0i s ri. -► / �F S�s� c c m . n O Q c c p c O � o U U •LL N cp (O O O 3 ca eF E c o � � c UJ L �j n� 7 C v2mi O�m n N _�_ •CC <C m o c rn m � N� so a, o, U O c 3 'E ccca o�: aw yy _ rnS B �O -0 c� E� N pO d cn w cp m d W Q m C a n V� O mE a m ¢ E a O LO �_v m � E ` Q CD j iri T Q � Qf • c �^ 5 lL Z rn rn APPENDIX B Wetland Delineation Report Routine Wetland Determination Data Sheets WETLAND DETERMINATION DATA FORM—Northcentral and Northeast Region Project/Site: Bowman Pond/Blind Brook Monitoring Site City/County: RYE,Westchester Sampling Date: 2019-08-14 Applicant/Owner: OBG State: NY Sampling Point: 1W@A Investigator(s): Matt Spadoni&Greg Redling Section,Township,Range:Town of Rye Landform(hillside,terrace,etc.): Floodplain Local relief(concave,convex,none): Concave Slope%: 0-5 Subregion(LRR or MLRA): LRR R,MLRA 144A Lat: 41.0024874920667 Long: -73.6897173897333 Datum: NAD 83 Soil Map Unit Name: Water NWI classification: PFO Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS—Attach site map showing sampling point locations,transects, important features,etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No If yes,optional Wetland Site ID: A Remarks: (Explain alternative procedures here or in a separate report.) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators(minimum of two required) Primary Indicators(minimum of one is required check all that apply) Surface Soil Cracks(86) X Surface Water(Al) —Water-Stained Leaves(89) X Drainage Patterns(B10) X High Water Table(A2) _Aquatic Fauna(1313) —Moss Trim Lines(B16) X Saturation(A3) Marl Deposits(B15) _Dry-Season Water Table(C2) Water Marks(131) X Hydrogen Sulfide Odor(C1) _Crayfish Burrows(C8) Sediment Deposits(82) -Oxidized Rhizospheres on Living Roots(C3) —Saturation Visible on Aerial Imagery(C9) X Drift Deposits(83) —Presence of Reduced Iron(C4) —Stunted or Stressed Plants(D1) Algal Mat or Crust(84) _Recent Iron Reduction in Tilled Soils(C6) X Geomorphic Position(D2) X Iron Deposits(65) _Thin Muck Surface(C7) _ShallowAquitard(D3) Inundation Visible on Aerial Imagery(B7)_Other(Explain in Remarks) _Microtopographic Relief(D4) Sparsely Vegetated Concave Surface(88) X FAC-Neutral Test(D5) Field Observations: Surface Water Present? Yes No X Depth(inches): 2 Water Table Present? Yes X No Depth(inches): 8 Saturation Present? Yes X No Depth(inches): 6 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Northcentral and Northeast Region—Version 2.0 VEGETATION-Use scientific names of plants. Sampling Point: 1W@A Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) %Cover Species? Status Dominance Test worksheet: 1. Salix nigra 25 Yes OBL Number of Dominant Species 2. Acer ru6rum 25 Yes FAC That Are OBL,FACW,or FAC: 3 (A) 3. Total Number of Dominant 4. Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. That Are OBL,FACW,or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 50 =Total Cover Total%Cover of: Multiply by: Sapling/Shrub Stratum (Plot size: 15 ) OBL species 30 x 1 = 30 1. FACW species 90 x 2= 180 2. FAC species 35 x 3= 105 3. FACU species 0 x 4= 0 4. UPL species 0 x 5= 0 5. Column Totals: 155 (A) 315 (B) 6. Prevalence Index =B/A= 2.03 7. Hydrophytic Vegetation Indicators: =Total Cover 1 -Rapid Test for Hydrophytic Vegetation Herb Stratum (Plot size: 5 ) X 2-Dominance Test is>50% 1. Impatiens capensis 85 Yes FACW X 3-Prevalence Index is s3.0' 2. his pseudacorus 5 No OBL 4-Morphological Adaptations'(Provide supporting 3. Persicaria maculosa 10 No FAC data in Remarks or on a separate sheet) 4. Lysimachia nummu/aria 5 No FACW Problematic Hydrophytic Vegetation'(Explain) 5' 'Indicators of hyddc soil and wetland hydrology must 6. be present,unless disturbed or problematic. 7. Definitions of Vegetation Strata: 8. Tree-Woody plants 3 in.(7.6 cm)or more in 9. diameter at breast height(DBH),regardless of height. 10. Sapling/shrub-Woody plants less than 3 in.DBH 11. and greater than or equal to 3.28 ft(1 m)tall. 12. Herb-All herbaceous(non-woody)plants,regardless 105 =Total Cover of size,and woody plants less than 3.28 ft tall. Woody Vine Stratum (Plot size: 30 ) Woody vines-All woody vines greater than 3.28 ft in 1. height. 2. 3 Hydrophytic Vegetation 4. Present? Yes X No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Northcentral and Northeast Region-Version 2.0 SOIL Sampling Point 1W@A Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type Loc Texture Remarks 0-12 10yr 2/1 100 Muck 'Type: C=Concentration,D=Depletion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining,M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': Histosol(All) _Polyvalue Below Surface(S8)(LRR R, _2 cm Muck(A10)(LRR K,L,MLRA 149B) Histic Epipedon(A2) MLRA 14913) _Coast Prairie Redox(A16)(LRR K,L,R) Black Histic(A3) _Thin Dark Surface(S9)(LRR R,MLRA 149B) _5 cm Mucky Peat or Peat(S3)(LRR K,L,R) X Hydrogen Sulfide(A4) —High Chroma Sands(S11)(LRR K,L) _Polyvalue Below Surface(S8)(LRR K,L) _Stratified Layers(A5) _Loamy Mucky Mineral(F1)(LRR K,L) _Thin Dark Surface(S9)(LRR K,L) Depleted Below Dark Surface(A11) _Loamy Gleyed Matrix(F2) _Iron-Manganese Masses(F12)(LRR K,L,R) _Thick Dark Surface(Al2) —Depleted Matrix(F3) —Piedmont Floodplain Soils(F19)(MLRA 149B) Sandy Mucky Mineral(S1) _Redox Dark Surface(F6) _Mesic Spodic(TA6)(MLRA 144A,145,149B) Sandy Gleyed Matrix(S4) X Depleted Dark Surface(F7) —Red Parent Material(F21) Sandy Redox(S5) _Redox Depressions(F8) —Very Shallow Dark Surface(F22) Stripped Matrix(S6) —Mad(F10)(LRR K,L) —Other(Explain in Remarks) Dark Surface(S7) 3Indicators of hydrophytic vegetation and wetland hydrology must be present,unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes X No Remarks: This data form is revised from Northcentral and Northeast Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0,2015 Errata.(http://www.nres.usda.gov/lntemet/FSE_DOCUMENTS/nresl42p2_051293.docx) Water table at 12 inches,unable to collect soil below that US Army Corps of Engineers Northcentral and Northeast Region—Version 2.0 WETLAND DETERMINATION DATA FORM — Northcentral and Northeast Region Project/Site: Bowman Pond/Blind Brook Monitoring Site City/County: RYE,Westchester Sampling Date: 2019-08-14 Applicant/Owner: OBG State: NY Sampling Point: 1 U@A ivestigator(s): Matt Spadoni&Greg Redling Section,Township, Range: Town of Rye Landform(hillside,terrace,etc.): Footslope Local relief(concave,convex,none): Convex Slope%: >12 Subregion(LRR or MLRA): LRR R,MLRA 144A Lat: 41.0024439040333 Long: -73.689896993948 Datum: NAD 83 Soil Map Unit Name: Charlton-Chatfield complex,0-15 percent slopes,very rocky NWI classification: Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS—Attach site map showing sampling point locations,transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X If yes,optional Wetland Site ID: Remarks: (Explain alternative procedures here or in a separate report.) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators(minimum of two reauired) Primary Indicators(minimum of one is required;check all that apoly) —Surface Soil Cracks(86) Surface Water(Al) _Water-Stained Leaves(139) _Drainage Patterns(B10) _High Water Table(A2) _Aquatic Fauna(B13) _Moss Trim Lines(B16) Saturation(A3) —Mari Deposits(1315) _Dry-Season Water Table(C2) Water Marks(B1) _Hydrogen Sulfide Odor(Cl) _Crayfish Burrows(C8) Sediment Deposits(62) —Oxidized Rhizospheres on Living Roots(C3) _Saturation Visible on Aerial Imagery(C9) Drift Deposits(B3) _Presence of Reduced Iron(C4) —Stunted or Stressed Plants(D1) _Algal Mat or Crust(134) _Recent Iron Reduction in Tilled Soils(C6) _Geomorphic Position(D2) Iron Deposits(135) _Thin Muck Surface(C7) _Shallow Aquitard(D3) Inundation Visible on Aerial Imagery(137)_Other(Explain in Remarks) _Microtopographic Relief(D4) Sparsely Vegetated Concave Surface(138) FAC-Neutral Test(D5) Field Observations: Surface Water Present? Yes No X Depth(inches): Water Table Present? Yes No X Depth(inches): Saturation Present? Yes No X Depth(inches): Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data(stream gauge, monitoring well,aerial photos, previous inspections),if available: Remarks: US Army Corps of Engineers Northcentral and Northeast Region—Version 2.0 VEGETATION-Use scientific names of plants. Sampling Point: 1 U a(��a Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) %Cover Species? Status Dominance Test worksheet: 1. Liriodendron tulipifera 40 Yes FACW Number of Dominant Species 2. Acerrubrum 20 Yes FAC That Are OBL, FACW,or FAC: 3 (A) 3. Total Number of Dominant 4. Species Across All Strata: 6 (B) 5. Percent of Dominant Species 6. That Are OBL,FACW,or FAC: 50.0% (A/B) 7. Prevalence Index worksheet: 60 =Total Cover Total%Cover of: Multiply by: Sapling/Shrub Stratum (Plot size: 15 ) OBL species 0 x 1 = 0 1. Crataegus 25 Yes FACW species 40 x 2= 80 2. Rosa mu/tiflora 15 Yes FACU FAC species 30 x 3= 90 3. FACU species 25 x 4= 100 4. UPL species 0 x 5= 0 5. Column Totals: 95 (A) 270 (B) 6. Prevalence Index =B/A= 2.84 7. Hydrophytic Vegetation Indicators: 40 =Total Cover 1 -Rapid Test for Hydrophytic Vegetation Herb Stratum (Plot size: 5 ) _2-Dominance Test is>50% 1. Rosa mu/tiflora 10 Yes FACU _3-Prevalence Index is 53.0' 2. Toxicodendron radicans 10 Yes FAC 4-Morphological Adaptations'(Provide supporting 3 data in Remarks or on a separate sheet) 4. Problematic Hydrophytic Vegetation' (Explain) 5. 'Indicators of hydric soil and wetland hydrology must 6. be present, unless disturbed or problematic. 7. Definitions of Vegetation Strata: 8. Tree-Woody plants 3 in. (7.6 cm)or more in 9. diameter at breast height(DBH),regardless of height. 10. Sapling/shrub-Woody plants less than 3 in. DBH 11. and greater than or equal to 3.28 ft(1 m)tall. 12. Herb-All herbaceous(non-woody)plants,regardless 20 =Total Cover of size,and woody plants less than 3.28 ft tall. Woody Vine Stratum (Plot size: 30 ) Woody vines-All woody vines greater than 3.28 ft in 1. height. 2. 3 Hydrophytic Vegetation 4. Present? Yes No X =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Northcentral and Northeast Region-Version 2.0 SOIL Sampling Point 1U@A Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features ;inches) Color(moist) % Color(moist) % Type' Loc2 Texture Remarks 0-5 7.5yr 5/4 100 Sandy 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining,M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol(Al) _Polyvalue Below Surface(S8)(LRR R, _2 cm Muck(A10)(LRR K, L,MLRA 149B) _Histic Epipedon(A2) MLRA 149B) _Coast Prairie Redox(A16)(LRR K,L,R) Black Histic(A3) _Thin Dark Surface(S9)(LRR R,MLRA 149B) _5 cm Mucky Peat or Peat(S3)(LRR K,L,R) Hydrogen Sulfide(A4) _High Chroma Sands(S11)(LRR K,L) _Polyvalue Below Surface(S8)(LRR K,L) Stratified Layers(A5) _Loamy Mucky Mineral(F1)(LRR K,L) _Thin Dark Surface(S9)(LRR K,L) Depleted Below Dark Surface(A11) _Loamy Gleyed Matrix(F2) _Iron-Manganese Masses(F12)(LRR K,L,R) _Thick Dark Surface(Al2) _Depleted Matrix(F3) _Piedmont Floodplain Soils(F19)(MLRA 149B) Sandy Mucky Mineral(S1) _Redox Dark Surface(F6) _Mesic Spodic(TA6)(MLRA 144A, 145, 149B) Sandy Gleyed Matrix(S4) _Depleted Dark Surface(F7) —Red Parent Material(F21) Sandy Redox(S5) _Redox Depressions(F8) —Very Shallow Dark Surface(F22) Stripped Matrix(S6) _Marl(F10)(LRR K, L) —Other(Explain in Remarks) Dark Surface(S7) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer(if observed): Type: Rock Depth(inches): 5 Hydric Soil Present? Yes No X Remarks: This data form is revised from Northcentral and Northeast Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0,2015 Errata.(http://www.nres.usda.gov/lntemet/FSE—DOCUMENTS/nresl42p2_051293.docx) US Army Corps of Engineers Northcentral and Northeast Region—Version 2.0 WETLAND DETERMINATION DATA FORM— Northcentral and Northeast Region Project/Site: Bowman Pond/Blind Brook Monitoring Site City/County: RYE,Westchester Sampling Date: 2019-08-14 Applicant/Owner: OBG State: NY Sampling Point: 2W@,A Ovestigator(s): Matt Spadoni&Greg Redling Section,Township, Range: Town of Rye Landform(hillside,terrace,etc.): Floodplain Local relief(concave,convex,none): Concave Slope%: 0-5 Subregion(LRR or MLRA): LRR R,MLRA 144A Lat: 41.0033539566667 Long: -73.6882776831667 Datum: NAD 83 Soil Map Unit Name: Udorthents,smoothed NWI classification: PFO Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS—Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No If yes,optional Wetland Site ID: A Remarks: (Explain alternative procedures here or in a separate report.) HYDROLOGY 4Wetland Hydrology Indicators: Secondary Indicators(minimum of two required) Primary Indicators(minimum of one is required;check all that apply) Surface Soil Cracks(B6) X Surface Water(Al) _Water-Stained Leaves(B9) X Drainage Patterns(B10) X High Water Table(A2) _Aquatic Fauna(B13) _Moss Trim Lines(B16) X Saturation(A3) _Marl Deposits(11315) _Dry-Season Water Table(C2) —Water Marks(131) X Hydrogen Sulfide Odor(Cl) —Crayfish Burrows(C8) —Sediment Deposits(B2) —Oxidized Rhizospheres on Living Roots(C3) _Saturation Visible on Aerial Imagery(C9) X Drift Deposits(B3) —Presence of Reduced Iron(C4) —Stunted or Stressed Plants(D1) —Algal Mat or Crust(B4) —Recent Iron Reduction in Tilled Soils(C6) X Geomorphic Position(D2) _Iron Deposits(B5) —Thin Muck Surface(C7) —Shallow Aquitard(D3) _Inundation Visible on Aerial Imagery(B7)_Other(Explain in Remarks) _Microtopographic Relief(D4) Sparsely Vegetated Concave Surface(138) X FAC-Neutral Test(135) Field Observations: Surface Water Present? Yes No X Depth(inches): 0 Water Table Present? Yes X No Depth(inches): 8 Saturation Present? Yes X No Depth(inches): 6 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Northcentral and Northeast Region—Version 2.0 VEGETATION-Use scientific names of plants. Sampling Point: 2W@A Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) %Cover Species? Status Dominance Test worksheet: 1. Salix nigra 50 Yes OBL Number of Dominant Species 2. That Are OBL, FACW,or FAC: 3 (A) 3. Total Number of Dominant 4. Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW,or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 50 =Total Cover Total%Cover of: Multiply by: Sapling/Shrub Stratum (Plot size: 15 ) OBL species 100 x 1 = 100 1. FACW species 35 x 2= 70 2. FAC species 10 x 3= 30 3. FACU species 0 x 4= 0 4. UPL species 0 x 5= 0 5. Column Totals: 145 (A) 200 (B) 6. Prevalence Index =B/A= 1.38 7. Hydrophytic Vegetation Indicators: =Total Cover 1 -Rapid Test for Hydrophytic Vegetation Herb Stratum (Plot size: 5 ) X 2-Dominance Test is>50% 1. Impatiens capensis 30 Yes FACW X 3-Prevalence Index is 53.0' 2. Ins pseudacorus 50 Yes OBI 4-Morphological Adaptations'(Provide supporting 3. Persicaria maculosa 10 No FAC data in Remarks or on a separate sheet) 4. Lysimachia nummularia 5 No FACW Problematic Hydrophytic Vegetation' (Explain) 5. 'Indicators of hydric soil and wetland hydrology must 6. be present,unless disturbed or problematic. 7. Definitions of Vegetation Strata: 8. Tree-Woody plants 3 in.(7.6 cm)or more in 9. diameter at breast height(DBH),regardless of height. 10. Sapling/shrub-Woody plants less than 3 in. DBH 11. and greater than or equal to 3.28 ft(1 m)tall. 12' Herb-All herbaceous(non-woody)plants,regardless 95 =Total Cover of size,and woody plants less than 3.28 ft tall. Woody Vine Stratum (Plot size: 30 ) Woody vines-All woody vines greater than 3.28 ft in 1. height. 2. 3 Hydrophytic Vegetation 4. Present? Yes X No =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Northcentral and Northeast Region-Version 2.0 SOIL Sampling Point 2W@A Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc2 Texture Remarks 0-8 10yr 3/1 90 10yr 5/8 10 C M Muck Prominent redox concentrations 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining,M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _Histosol(Al) _Polyvalue Below Surface(S8)(LRR R, _2 cm Muck(A10)(LRR K,L,MLRA 149B) _Histic Epipedon(A2) MLRA 149B) _Coast Prairie Redox(A16)(LRR K,L,R) _Black Histic(A3) _Thin Dark Surface(S9)(LRR R,MLRA 149B) _5 cm Mucky Peat or Peat(S3)(LRR K,L,R) X Hydrogen Sulfide(A4) —High Chroma Sands(S11)(LRR K, L) _Polyvalue Below Surface(S8)(LRR K,L) _Stratified Layers(A5) _Loamy Mucky Mineral(F1)(LRR K, L) _Thin Dark Surface(S9)(LRR K,L) Depleted Below Dark Surface(A11) —Loamy Gleyed Matrix(F2) _Iron-Manganese Masses(F12)(LRR K,L,R) _Thick Dark Surface(Al2) _Depleted Matrix(F3) —Piedmont Floodplain Soils(F19)(MLRA 14913) —Sandy Mucky Mineral(S1) _Redox Dark Surface(F6) _Mesic Spodic(TA6)(MLRA 144A, 145,1498) _Sandy Gleyed Matrix(S4) X Depleted Dark Surface(F7) —Red Parent Material(F21) _Sandy Redox(S5) _Redox Depressions(F8) —Very Shallow Dark Surface(F22) _Stripped Matrix(S6) _Marl(F10)(LRR K,L) —Other(Explain in Remarks) Dark Surface(S7) 31ndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes X No Remarks: This data form is revised from Northcentral and Northeast Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0,2015 Errata.(http://www.nres.usda.gov/lnternet/FSE—DOCUMENTS/nresl42p2_051293.docx) Water table at 8 inches,unable to collect soil below that US Army Corps of Engineers Northcentral and Northeast Region—Version 2.0 WETLAND DETERMINATION DATA FORM—Northcentral and Northeast Region Project/Site: Bowman Pond/Blind Brook Monitoring Site City/County: RYE,Westchester Sampling Date: 2019-08-14 Applicant/Owner: OBG State: NY Sampling Point: 2U@,A Investigator(s): Matt Spadoni&Greg Redling Section,Township,Range: Town of Rye Landform(hillside,terrace,etc.): Footslope Local relief(concave,convex,none): Convex Slope%:2112 Subregion(LRR or MLRA): LRR R,MLRA 144A Lat: 41.0033656395 Long: -73.6882480007 Datum: NAD 83 Soil Map Unit Name: Udorthents,Smoothed NWI classification: Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances'present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS—Attach site map showing sampling point locations, transects, important features,etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X If yes,optional Wetland Site ID: Remarks: (Explain alternative procedures here or in a separate report.) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators(minimum of two required) Primary Indicators(minimum of one is required:check all that apply) _Surface Soil Cracks(136) _Surface Water(Al) —Water-Stained Leaves(69) _Drainage Patterns(B10) _High Water Table(A2) _Aquatic Fauna(1313) _Moss Trim Lines(B16) —Saturation(A3) _Marl Deposits(B15) _Dry-Season Water Table(C2) —Water Marks(131) _Hydrogen Sulfide Odor(Cl) —Crayfish Burrows(C8) _Sediment Deposits(B2) _Oxidized Rhizospheres on Living Roots(C3) _Saturation Visible on Aerial Imagery(C9) —Drift Deposits(B3) —Presence of Reduced Iron(C4) —Stunted or Stressed Plants(131) _Algal Mat or Crust(64) _Recent Iron Reduction in Tilled Soils(C6) _Geomorphic Position(D2) _Iron Deposits(85) _Thin Muck Surface(C7) —Shallow Aquitard(D3) _Inundation Visible on Aerial Imagery(B7)_Other(Explain in Remarks) _Microtopographic Relief(134) Sparsely Vegetated Concave Surface(138) FAC-Neutral Test(D5) Field Observations: Surface Water Present? Yes No X Depth(inches): Water Table Present? Yes No X Depth(inches): Saturation Present? Yes No X Depth(inches): Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Northcentral and Northeast Region—Version 2.0 VEGETATION-Use scientific names of plants. Sampling Point: 2U o(��a Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) %Cover Species? Status Dominance Test worksheet: 1. Carya cordiformis 10 No FAC Number of Dominant Species 2. Acer saccharinum 35 Yes FACW That Are OBL,FACW,or FAC: 1 (A) 3. Acersaccharum 30 Yes FACU Total Number of Dominant 4. Species Across All Strata: 4 (B) 5. Percent of Dominant Species 6. That Are OBL,FACW,or FAC: 25.0% (A/B) 7. Prevalence Index worksheet: 75 =Total Cover Total%Cover of: Multiply by: Sapling/Shrub Stratum (Plot size: 15 ) OBL species 0 x 1 = 0 1. Crataegus 75 Yes FACW species 35 x 2= 70 2. Rosa mu/tiflora 25 Yes FACU FAC species 10 x 3= 30 3. FACU species 55 x 4= 220 4. UPL species 0 x 5= 0 5. Column Totals: 100 (A) 320 (B) 6. Prevalence Index =B/A= 3.20 7. Hydrophytic Vegetation Indicators: 100 =Total Cover 1 -Rapid Test for Hydrophytic Vegetation Herb Stratum (Plot size: 5 ) 2-Dominance Test is>50% 1. _3-Prevalence Index is 53.0' 2. 4-Morphological Adaptations'(Provide supporting 3 data in Remarks or on a separate sheet) 4. Problematic Hydrophytic Vegetation'(Explain) 5. 'Indicators of hydric soil and wetland hydrology must 6. be present,unless disturbed or problematic. 7. Definitions of Vegetation Strata: 8. Tree-Woody plants 3 in.(7.6 cm)or more in 9. diameter at breast height(DBH),regardless of height. 10. Sapling/shrub-Woody plants less than 3 in.DBH 11. and greater than or equal to 3.28 ft(1 m)tall. 12. Herb-All herbaceous(non-woody)plants,regardless =Total Cover of size,and woody plants less than 3.28 ft tall. Woody Vine Stratum (Plot size: 30 ) Woody vines-All woody vines greater than 3.28 ft in 1. height. 2. 3 Hydrophytic Vegetation 4. Present? Yes No X =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Northcentral and Northeast Region-Version 2.0 SOIL Sampling Point 2U@A Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type Loc Texture Remarks 0-5 7.5yr 5/4 100 Sandy 'Type: C=Concentration,D=Depletion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining,M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _Histosol(Al) _Polyvalue Below Surface(S8)(LRR R, _2 cm Muck(A10)(LRR K,L,MLRA 149B) _Histic Epipedon(A2) MLRA 149B) _Coast Prairie Redox(A16)(LRR K,L,R) Black Histic(A3) _Thin Dark Surface(S9)(LRR R,MLRA 149B) _5 cm Mucky Peat or Peat(S3)(LRR K,L,R) Hydrogen Sulfide(A4) —High Chrome Sands(S11)(LRR K,L) _Polyvalue Below Surface(S8)(LRR K,L) _Stratified Layers(A5) _Loamy Mucky Mineral(F1)(LRR K,L) _Thin Dark Surface(S9)(LRR K,L) _Depleted Below Dark Surface(A11) _Loamy Gleyed Matrix(F2) _Iron-Manganese Masses(F12)(LRR K,L,R) _Thick Dark Surface(Al2) _Depleted Matrix(F3) _Piedmont Floodplain Soils(F19)(MLRA 149B) —Sandy Mucky Mineral(S1) _Redox Dark Surface(F6) _Mesic Spodic(TA6)(MLRA 144A,145,149B) Sandy Gleyed Matrix(S4) —Depleted Dark Surface(F7) _Red Parent Material(1721) _Sandy Redox(S5) _Redox Depressions(F8) _Very Shallow Dark Surface(F22) Stripped Matrix(S6) _Marl(F10)(LRR K,L) —Other(Explain in Remarks) Dark Surface(S7) 3Indicators of hydrophytic vegetation and wetland hydrology must be present,unless disturbed or problematic. Restrictive Layer(if observed): Type: Rock Depth(inches): 5 Hydric Soil Present? Yes No X Remarks: This data form is revised from Northcentral and Northeast Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 7.0,2015 Errata.(hftp://www.nres.usda.gov/lntemet/FSE_DOCUMENTS/nresl42p2_051293.docx) US Army Corps of Engineers Northcentral and Northeast Region—Version 2.0 Stream Inventory - Observer: Project Information: Name: Matthew Spadoni&Greg Redling Name: Upper Bowman Pond Weather: Sunny Number: 19142 Date:08/14/2019 Stream Name: Stream C Stream Location(nearest road,structure,etc.) Bowman Avenue Dam Adjacent Community: Forested Wetland Stream Gradient - gentle X moderate steep Bank Width: 25 Feet Stream Width: 22 Feet Water Depth: 8-20 Inches Substrate: - Bed Rock Boulder Cobble Gravel Sand X Silt X Clay Instream Cover: - Undercut bank X Overhanging vegetation X Logs/woody debris X Deep pools X Other Flow: - Permanent X Intermittent Flag#'s C-14$C-114 Additional Comments: Lat:41.00 Long:-73.69 Environmental Design&Research APPENDIX C Wetland Delineation Report Photos of Representative Wetland and Stream Communities _ L t••. /. 7m. S 1 114 ' Y r arc.. �� �'�`. • 5�.� 'Y.i . •4 '- �~ �_� ..i.�` '�.r'� •.2. � �'�'SCE y• '.Z. t • fie_- ��•� � O�rt � = -`�Y '! f �� .� �. � •Ki'SZ_: +^ - .ram .. •.✓� _ Sr 1 ^•Y 4'C�� t� \ 1 1 1 1 1 1 Photo 3 X, W, T Aw :9� View:main stream channel 1 , x, >° ��►•.. -West �k t al. Y j. Photo 4 .a: View:main stream channel East �a ise f _ 7 Upper Bowman Pond Clearing Project City of Rye,Westchester County, New York Existing Conditions Photolog Ah • Sheet 2 of 6 r. a��" `Tay` ��• �� . _ � � lo I lid �6 v. 4 ..� • • _ �e � "'�'r�•.r. �•� ,�_� .SA .sue � �1,,.� .• Ir; Photo 7 View:facing into the wetland ` t across streams-South r 1I F Y Photo 8 ' i \\ View:upstream towards pond-Southwest i,011111 � zz /r Upper Bowman Pond Clearing Project City of Rye, Westchester County, New York Existing Conditions Photolog • / Sheet 4 of 6 _ .w • � v � s. �.. - yam. •• • • s - 1� is r !s yJJJ r *—r"t /.. iFr 'KC �y.L of ` ���'�`}'L• Y-.. I yt City • Rye,WestchesterCounty, NewYork Attachment 10 USACE Nationwide Permit 33 and NYSDEC Water uality Certification DEPARTMENT OF THE ARMY U.S.ARMY CORPS OF ENGINEERS,NEW YORK DISTRICT JACOB K.JAVITS FEDERAL BUILDING I. 26 FEDERAL PLAZA 4 NEW YORK NEW YORK 10278-0090 1 October 30, 2020 Regulatory Branch SUBJECT: Permit Application Number NAN-2020-00950-WRY by City of Rye (Upper Bowman Pond Clearing Project) City of Rye ATTN: Greg Usry, City Manager 1051 Boston Post Road Rye, NY 10580 Dear Mr. Usry: On September 4, 2020, the New York District of the U.S. Army Corps of Engineers received a request for Department of the Army authorization for the discharge of fill material into and/or the placement of structures in and over navigable waters of the United States to facilitate vegetation removal within an existing forested wetland. The site is located within Upper Bowman Pond/Blind Brook, in the Town of Rye, Westchester County, New York. The submittal entitled, "Bowman Pond Clearing Design, 239 Bowman Ave, Purchase, NY 10577" by O'Brien & Gere Engineers, Inc., dated 21 AUG 2020, indicate impacts will involve the selective removal of 62 dead or unhealthy trees over 2.47 acres of forested wetland, which will open the existing tree canopy and create conditions more akin to emergent wetland. All tree stumps will remain in-place to minimize soil disturbance. To facilitate tree and debris removal, temporary construction mats will be placed over approximately 0.19 acres of wetlands and streams. Temporary matting will be used at all but one crossing, where a temporary culvert will be used to maintain stream flow. Based on the information submitted to this office, and accomplishment of notification in accordance with the applicable federal requirements, our review of the project indicates that an individual permit is not required. It appears that the activities within the jurisdiction of this office could be accomplished under Department of the Army Nationwide General Permit Number 33 TEMPORARY CONSTRICTION, ACCESS, AND DEWATERING. The nationwide permits are prescribed as a Reissuance of Nationwide Permits in the Federal Register dated January 6, 2017 (82 FR 1860). The work may be performed without further authorization from this office provided the activity complies with the permit conditions listed in Section B, No. 33, Section C, any applicable New York District regional conditions, the following special condition, and any applicable regional conditions added by the State of New York, copies enclosed. Regulatory Branch SUBJECT: Permit Application Number NAN-2020-00950-WRY by City of Rye (Upper Bowman Pond Clearing Project) Special Conditions (A) To prevent the unintentional introduction or spread of invasive species, the permittee, and his or her contractors, shall ensure all construction equipment and temporary matting be cleaned of mud, seeds, vegetation and other debris before entering the project area. This determination covers only the work described in the submitted material. Any major changes in the project may require additional authorizations from the New York District. Care should be taken so that construction materials, including debris, do not enter any waterway to become drift or pollution hazards. You are to contact the appropriate state and local government officials to ensure that the subject work is performed in compliance with their requirements. Please note that this nationwide permit (NWP) verification is based on a preliminary jurisdictional determination (JD). A preliminary JD is not appealable. If you wish, prior to commencement of the authorized work you may request an approved JD, which may be appealed, by contacting the New York District, U.S. Army Corps of Engineers for further instruction. To assist you in this decision and address any questions you may have on the differences between preliminary and approved jurisdictional determinations, please review U.S. Army Corps of Engineers Regulatory Guidance Letter No. 16-01, which can be found at: https://usace.contentdm.ocic.org/utils/getfile/collection/pl6021 co119/id/1256 This verification is valid until March 18, 2022, unless the nationwide permit is modified, reissued, or revoked. This verification will remain valid until March 18, 2022, if the activity complies with the terms of any subsequent modifications of the nationwide permit authorization. If the nationwide permits are suspended, revoked, or modified in such a way that the activity would no longer comply with the terms and conditions of a nationwide permit, and the proposed activity has commenced, or is under contract to commence, the permittee shall have 12 months from the date of such action to complete the activity. Within 30 days of the completion of the activity authorized by this permit and any mitigation required by this permit, you are to sign and submit the attached compliance certification form to this office. In order for us to better serve you, please complete our Customer Service Survey located at http://www.nan.usace.armV.mil/Missions/Regulatory/CustomerSurvey.aspx. Regulatory Branch SUBJECT: Permit Application Number NAN-2020-00950-WRY by City of Rye (Upper Bowman Pond Clearing Project) If any questions should arise concerning this matter, please contact Alexandra Ryan, of my staff, at Alexandra.Ryan@usace.army.mil. Sincerely, Rosita Miranda Chief, Western Section Enclosures cc: NYSDEC - Region 3 USACE He No.NAN-2020-00950-WRY .rrry Club 14 .. �� ° le'►6 Ti � - Col6q..1 • eur�Y-c l�� � �p C.w\ry Cob f �h Rd clue Purchase O` J' It" Vic Sca y ee.d RrdO. B et , L o R g. lthDol �Jc a � z g to us - Pofrl �anrt. • Village of Rch P..b—.k Rye Brook kP.,k irk ,i Qs F [ > _ z y O t Crawford Per$, y N wn of R Ho, To Rye at �M1°+rer- R.. T.r.p f Err..WI I H &6..l Connecticut 7 City of White Plains R Project Location r oe ►Gov Co. o or c i Al rltlk' err ? ia!w V OR Ali °c I=o n t'r o� 9�s Port Chester •F / `O 0,Club Villa§e of Port ti Town/Village of Harrison f 1. Mfn pot _ P nabry 1p� l �,i 41; pad0 �oP P Par, S 0 s P0. 8 VK.W Apr c. FlofpiW C.Wal— O St Cerra S^irk 90 MelloC b a \ f c O.ecl.b 1R1 aF - i oOdUcOs� � lncrat t� 'S. lulu Inpn qve I`d Rye f) '_ i4" G mood Un.n .mf.ry 'thn CFr*� V.— Ry.Nal`ve _,� klfrmrwr rN.w. -- �^. 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Reproduction in grayscale may misrepresent the data. wwrv.edrtlpccom UJr'R,C IIC IYU.IYHIYYVLV'UUAUV'YYRI 'R 1, Wetland ,e� A{PFO) Q_ Wetland W � A(PFO) `46pe� A(PFO) r�� l Wetland A(PF0) Wetland Wetland A(PF0) @4i A(POW) a� Villa a of Rye Brook Villa a of Harr'so N W E o as so too ww Upper Bowman Pond Clearing Villages of Rye Brook and Harrison,Westchester County,New York E] Project Boundary(Upper Bowman Pond) Figure 3:Delineated Wetlands and Streams Stream Continues Wetland Continues Notes:1.NYSDOP'2018"orthoimagery map service.2.This map was generated in ArcMap '- Delineated Stream on June 10,2020. 3.This is a color graphic. Reproduction in grayscale may misrepresent "41 1 the data. Delineated Wetland www.edrdpc.com UOMUC lit NU.IVHIV-LULU-UUVDU-VVMT Wetland A-PFO Temporary Impact-0.17 acres(7,429 sq ft) SelectedTree Removal Area-2.47 acres(107,593 sq ft) Stream B-R2 Temporary Crossing-0.007 acres(304 sq ft) Stream B-B-R4 70 Temporary Crossing-0.008 acres(339 sq ft) Stream B-C-R4 Temporary Crossing-0.003 acres(132 sq ft) 60 tp am Wetland �7 A(PFO) Stream a i i - •is I. � l I � gad - Wetland .. I. A-(POW) =: i I _ _I Sp 60 N W E Ap S 0 25 50 100 i iFee, e J i Upper Bowman Pond Clearing 2 Foot Contour 0 Delineated Stream Villages of Rye Brook and Harrison,Westchester County,New York 10 Foot Contour r� Temporary Access Roads Tempos Figure 4:Wetland Impacts Q Project Site ® Wetland/Stream Impacts Notes:1.This map was generated in ArcMap on June 10,2020. 3.This is a color graphic. E3 Boundary of Selected Tree Removal Ab • ' Reproduction in grayscale may misrepresent the data. 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I IF ; fo Na a ``0 ' ! �zz 3!a U a ! fQ� —'-------11ml 0.'�a� 3: J O Q m I rn W C:) C? Iglge c o w N � o (� z ?' � z � � LLJ d/ rsY Y— — g cn m < n 3 y U co Q Oo o a 3� 9 r U a LS m -�g° w LL _J Q F g W, W z z § O W -� z . U -- ° Er e t o �IV c < w a } m nos y q X' _ W o 7F� e e 'Y O F $ gWpBQ a w ai ei 3 O L gn a �3 @ Nis H111 i O w i a �- NMI A R 8 8 8 z o e n aRgg�#� e� LL tHIMlip R, 3 it - a # _ ;g gag d 0 e Mir Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 08 OCT 2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: City of Rye, Greg Usry, 1051 Boston Post Road, Rye, NY 1058C C. DISTRICT OFFICE, FILE NAME, AND NUMBER: NYD; City of Rye-Upper Bowman Pond Clearing; NAN-2020-00950-WRY D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: New York county/parish/borough: Westchester City: Rye Center coordinates of site (lat/long in degree decimal format): Lat.: 41 .003607 Long.: -73.688191 Universal Transverse Mercator: Name of nearest waterbody: Blind Brook E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑■ Office (Desk) Determination. Date: 08 OCT 2020 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude Longitude Estimated amount Type of aquatic Geographic authority number (decimal (decimal of aquatic resource resource (i.e.,wetland to which the aquatic degrees) degrees) in review area vs. non-wetland resource "may be" (acreage and linear waters) subject (i.e., Section feet, if applicable) 404 or Section 10/404) 1 41 .003607 -73.688191 5.34 acre wetland/stream Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD)for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1)the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3)the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:"Bowman Pond Clearing Design"by Governors Office of Storm Recovery(GOSR),21AUG2020 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑■ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: 111,ArCGI$'World Imagery map se-ce generated in ArcMap 70CT2019 Natural Resources Conservation Service Soil Survey. Citation: ■ National wetlands inventory map(s). Cite name: ESRI ArcGIS"World Imagery"map service generated in ArcMap 70CT2019 ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑■ Photographs: ❑■ Aerial (Name & Date): ArcMap 29MAY2020 or ❑E Other (Name & Date): site photos by applicant, dated 14AUG2019 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signatu4 and date of 27 OCT 2020 Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. DEPARTMENT OF THE ARMY U.S.ARMY CORPS OF ENGINEERS,NEW YORK DISTRICT JACOB K.JAVITS FEDERAL BUILDING s' 26 FEDERAL PLAZA NEW YORK NY 10278-0090 CENAN-OP-RW NATIONWIDE PERMIT COMPLIANCE CERTIFICATION AND REPORT FORM Permittee: City of Rye, c/o Greg Usry Permit No.: NAN-2020-00950-WRY Date Permit Issued: 30-Oct-2020 Location: Town of Rye, Westchester County, New York Within 30 days of the COMPLETION of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the address at the bottom of this form. Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 264-4260. Place Stamp Here Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building 26 Federal Plaza, Room 16-406 ATTN: CENAN-OP-RW New York, New York 10278-0090 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 3 21 South Putt Corners Road,New Paltz,NY 12561-1620 P:(845)256-30541 F:(845)255-4659 www.dec.ny.gov November 27, 2020 Andrew Mavian Environmental Design & Research 41 State Street, Suite 806 Albany NY 12207 Re: Upper Bowman Pond Clearing DEC ID: 3-5528-00116/00002 Town of Harrison, Westchester County Blanket Water Quality Certification Dear Mr. Mavian, The New York State Department of Environmental Conservation (Department or DEC) has reviewed the Section 401 Water Quality Certification (WQC) application materials for the above referenced project, submitted on behalf of the City of Rye. According to the application materials, received on September 8, 2020, the applicant proposes to clear approximately 2.47 acres of dense vegetation. To facilitate this action, temporary construction mats and a temporary culvert will be installed. The purpose of this project is to decrease the potential for woody debris to affect the functional integrity of the Bowman Avenue Dam (State ID: 232-1182), improve access to the pond and dam, and allow for future expansion of the pond for added flood mitigation benefits. It has been confirmed that this project is covered under Nationwide Permit 33: Temporary Construction, Access, and Dewatering. Blanket Water Quality Certification is granted for this Nationwide Permit (NWP) provided the project meets the required General Conditions and the Special Conditions of the Blanket Coverage which can be found on the DEC website at https://www.dec.ny.gov/docs/permits ei operations pdf/wgcnwp20l7.pdf. The special condition for NWP 33 of the Blanket Water Quality Certification is as follows: This certification authorizes activities that exist on-site for no more than 180 days from the date of installation. You are responsible for ensuring that work shall not pollute any stream or waterbody. Care shall be taken to stabilize any disturbed areas promptly after construction, and all necessary precautions shall be taken to prevent contamination of the stream or waterbody by silt, sediment, fuels, solvents, lubricants, or any other pollutant associated with the project. 1 Please contact this office if project plans change to the extent that it does not meet the conditions for coverage under the Blanket WQC. This determination does not relieve you of any requirements under any other applicable laws which may exist. You are advised to contact all appropriate Federal, State, and/or local agencies for any approvals that may be required. If you have any questions regarding the above request, please contact me via email at alysse.devine(o-)dec.ny.gov. Sincerely, ,AGE 7v�..� Alysse Devine Division of Environmental Permits Ecc: City of Rye USACE