2015-04-24 SEQR Lead Agency - NYSDEC ResponseNEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Environmental Permits, Region 3
21 South Putt Corners Road. New P11ltz. NY 12561-1620
P: (845) 256-30541 F: (845) 255-4659
www.dec.ny.gov
Village of Rye Brook
Attn: Christopher Bradbury
938 King Street
Rye Brook, New York 10573
RE: Sun Homes Development (Phase 3)
SEQR Lead Agency Designation
Town of Rye, Westchester County
CH#: 5766
Dear Mr. Bradbury:
April 24, 2015
The New York Department of Environmental Conservation (DEC) has reviewed the
Village of Rye Brook's State Environmental Quality Review (SEQR) notice of intent to
serve as lead agency for the above referenced project. This inquiry was received by the
DEC on 4/3/2015. The proposed project consists of the development of 110 dwellings on
a 31.56-acre parcel. Based on the DEC review, we offer the following comments:
PROTECTION OF WATERS
The following stream(s)/pond(s)/waterbody(ies) is( are) located within or near the site you
indicated:
Name
Blind Brook
Class DEC Water Index Number
C �Ll�S_1�1������
Status
Non-protected·
A Protection of Waters permit is required to physically disturb the bed or banks (up to 50 ·
feet from stream) of any streams identified above as "protected." A permit is not required
to disturb the bed or banks of "non-protected" streams.
If a permit is not required, please note, however, the project sponsor is still 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.
FRESHWATER WETLANDS
The projecUsite is near or in Freshwater Wetland G-3, Class !!. Be aware that a
Freshwater Wetlands permit is required for any physical disturbance within these
boundaries or within the 100 foot adjacent area. To have the boundary delineated, please
contact the Bureau of Habitat.
;r0roRK I Dep.artment of
"""'"""' Environmental
Conservation
-OVER PLEASE -
RE: Sun Homes Development (Phase 3)
SEQR Lead Agency Designation
Town of Rye, Westchester County
CH#: 5766
Date: 4/24/2015
Please contact the United States Army Corps of Engineers in New York City, telephone
(917) 790-8511 (Westchester/Rockland Counties), or (917) 790-8411 (other counties), for
any permitting they might require.
STATE-LISTED SPECIES
No records of sensitive resources were identified by this review.
The absence of data does not necessarily mean that rare or state-listed species, natural
communities or other significant habitats do not exist on or adjacent to the proposed site.
Rather, our files currently do not contain information which 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 sources may be
required to fully assess impacts on biological resources
CULTURAL RESOURCES
We have reviewed the statewide inventory of archaeological resources maintained by the
New York State Museum and the New York State Office of Parks, Recreation, and Historic
Preservation. These records indicate that the project is not located within an area
considered to be sensitive with regard to archaeological resources. For more information,
please visit the New York State Office of Historic Preservation website at
http://www.nysparks.com/shpo/.
OTHER
By copy of this letter we are advising William McGuinness, Sun Homes, of the above
referenced resources, concerns and potential DEC permits. It is possible that the DEC
permit requirements may change based upon additional information received or as project
modifications occur. If you have any additional comments or questions, please contact
me at (845) 256-3096.
Please contact this office if you have questions regarding the above information. Thank
you.
Cc: William McGuinness, Sun Homes
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Jonathan Stercho
Division of Environmental Permits
Region 3, Telephone No. 845/256-3096
RE: Sun Homes Development {Phase 3)
SEQR Lead Agency Designation
Town of Rye, Westchester County
CH#: 5766
Date: 4/24/2015
NOTE: Regarding erosion/sedimentation control requirements:
Stormwater discharges require a State Pollutant Discharge Elimination System (SP DES)
Stormwater permit from this Department if they either:
• occur at industrial facilities and contain either toxic contaminants or priority
pollutants OR
• result from construction projects involving the disturbance of 5000 square feet or
more of land within the NYC Department of Environmental Protection East of
Hudson Watershed or for proposed disturbance of 1 acre or more of land outside
the NYC DEP Watershed
Your project may be covered by one of two Statewide General Permits or may require
an individual permit. For information on stormwater and the general permits, see the
DEC website at http://www.dec.ny.gov/chemical/8468.html.
For construction permits, if this site is within an MS4 area (Municipal Separate Storm
Sewer System), the stormwater plan must be reviewed and accepted by the municipality
and the MS-4 Acceptance Form must be submitted to the Department. If the site is not
within an MS4 area and other DEC permits are required, please contact the regional
Division of Environmental Permits.
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