State Environmental Quality Review Act (SEQR) FINAL SCOPING DOCUMENT HR Ventures Subdivision Town of Shawangunk, Ulster County, NY Draft Environmental Impact Statement SEQR CLASSIFICATION: UNLISTED ACTION LEAD AGENCY: Planning Board, Town of Shawangunk Ms. Kris Pedersen, Chairperson P.O Box 247 Wallkill, NY 12589 LIST OF INVOLVED/INTERESTED AGENCIES Involved Agencies Town of Shawangunk Planning Board Town of Shawangunk Town Board Shawangunk Highway Superintendent Ulster County Health Department Ulster County Department of Highways New York State Department of Environmental Conservation U.S. Army Corps of Engineers Interested Agencies New York State Office of Parks, Recreation and Historic Preservation Ulster County Planning Department Wallkill Central School District Wallkill Fire District Wallkill Volunteer Ambulance Corps Shawangunk Police Department Shawangunk Environmental Management Council Shawangunk Historical Society Applicant HR Ventures, LLC June 3, 2008 Page 1
INTRODUCTION This draft Scoping Document has been prepared the Town of Shawangunk Planning Board (hereafter Planning Board), as Lead Agency for the SEQRA review of the proposed HR Ventures cluster subdivision. This document is intended to serve as the foundation for the identification of all potentially significant adverse impacts pertinent to the proposed action and appropriate mitigation measures. It is also intended to eliminate consideration of any impacts that are irrelevant or non-significant. DESCRIPTION OF THE PROPOSED ACTION The project is a proposed cluster subdivision consisting of up to 22 lots and associated road system for purposes of developing 20 single-family detached dwellings. The Town Board, in its review of the cluster development, determined that the maximum yield is 20 lots. However, the applicant subsequently submitted a revised conventional layout consisting of 22 lots. A purpose of this SEQRA review is to determine the maximum yield of the project. The project would be served by individual wells and septic systems. The project is located on the west side of the Wallkill River, southwest of the hamlet of Wallkill, east of Roosa Road, and northeast of River Glen Road. The project s proposed access would be from Bruyn Turnpike and River Glen Road. The project would be located in the Town of Shawangunk, Ulster County, NY. The parcel is approximately 121 acres and identified on local tax maps as Map 106.003, Block 3, Lot 50. POTENTIAL SIGNIFICANT ENVIRONMENTAL IMPACTS As set forth in the Positive Declaration approved by the Lead Agency, the proposed action was determined to have potential significant environmental impacts, including but not limited to the following: Soil erosion and sedimentation from proposed land disturbances Alteration in existing natural drainage patterns; potential increase in stormwater runoff quantity and decline in water quality Disturbances to freshwater wetlands and on-site watercourses Potential disturbance to historic cemetery and archaeological resources Increase in traffic volumes and effect on intersection safety Demand placed on community services and facilities, including schools, fire, and recreation Alteration and elimination of natural habitat Potential impact on groundwater resources resulting from water supply demand Potential impact to groundwater from introduction of on-site septic systems Potential visibility of project from the scenic Wallkill River GENERAL SCOPING CONSIDERATIONS The applicant will prepare a site-specific Draft Environmental Impact Statement (DEIS) addressing all items described in this Scoping Document. June 3, 2008 Page 2
The applicant should closely examine the SEQR regulations for direction on the required content of a DEIS. Unless otherwise directed by this Scoping Document, the provisions of 6 NYCRR 617.9(b) apply to the content of the DEIS and are incorporated herein by reference. The DEIS will assemble relevant and material facts, evaluate reasonable alternatives, and be analytical but not encyclopedic. It will also be clearly and concisely written in plain language that can be easily read and understood by the public. Highly technical material will be summarized and, if it must be included in its entirety, it will be referenced in the DEIS and included in an appendix. Narrative discussions will be accompanied to the greatest extent possible by illustrative tables and graphics. All graphics will clearly identify the project area. The DEIS will group each issue identified into one Existing Setting, Impacts, and Mitigation section to permit more efficient review. Footnotes will be used as the form of citing references. A Full scale Subdivision Plan is to be included with the DEIS as an appendix and reduced copies of pertinent Subdivision Plan sheets may be included in the body of the DEIS. The plans will provide a level of engineering detail sufficient to evaluate the potential impacts of the project, and to assess the appropriateness of mitigation measures, where proposed. The documents shall contain, as attachments, plans, reports, and studies meeting prevailing federal, state and town standards with respect to all disciplines of study. DEIS Contents Cover Sheet listing preparers, title of project, DEIS identification, location, Lead Agency, and relevant dates (i.e. date of acceptance, date of public hearing, final date for acceptance of comments). Table of Contents including listings of tables, figures, maps, charts, and any items that may be submitted under separate cover (and identified as such). I. EXECUTIVE SUMMARY The Executive Summary will include a brief description of the proposed action and a listing of all potential environmental impacts and proposed mitigation measures. A summary will be provided of the approvals and permits required, and of the alternatives to the proposed action that are evaluated in the DEIS. II. DESCRIPTION OF THE PROPOSED ACTION Chapter 2 of the DEIS will describe the project site and its location, the proposed project, the public need and objectives of the project sponsor, and list required approvals, reviews, and permits. A. Site Location and Description 1. A written and graphic description of the location of the project site in the context of the Town of Shawangunk, including tax identification number and list of abutting properties. 2. Description of the environmental setting of the site, and the natural resources identified thereon and in the adjoining area. June 3, 2008 Page 3
3. Identification of any easements, rights-of-way, restrictions, special district boundaries or other legal devices affecting the subject properties development potential. 4. Description of the existing infrastructure serving the project site and/or its immediate environs, including existing site access and road network. B. Description of the Proposed Action 1. Written and detailed description of the proposed action, including the proposed use, design, layout, phasing of construction. 2. Identify existing zoning and existing land uses for the project site and adjoining properties. 3. Discuss compliance with zoning and subdivision standards and other criteria set forth in the Town of Shawangunk Code. This demonstration shall clearly indicate the extent to which any modifications or waivers of such standards and other criteria or any variances from such regulations would be required to carry out the project as proposed and an evaluation of why such deviation is needed and would be appropriate. 4. Discuss the compatibility of the proposed land use with the character and development trends in the adjoining area. C. Project Purpose and Need 1. Discuss the purpose or objective of the project sponsor. 2. Identify the public need for the proposed action, including consideration of consistency with adopted policies and/or plans as set forth within adopted local and regional community land use and development plans. D. Approvals, Reviews and Permits 1. List and describe all required approvals, reviews, and permits required, by agency, to implement the proposed action together with the status of each application. 2. List all Involved and Interested Agencies for DEIS distribution. III. ENVIRONMENTAL SETTING, IMPACTS, MITIGATION This section of the DEIS will identify the existing environmental conditions, potential impacts of the action, and proposed mitigation measures as appropriate for each of the major issues identified in this Scoping Document. A. Geology, Soils and Topography 1. Describe bedrock geology of the site. Identify the need for rock removal, if any. Address whether blasting will be required to develop the project. Identify measures to mitigate potential impacts associated with bedrock removal, if proposed. 2. Soils will be mapped in accordance with the Soil Survey for Ulster County, New York. Evaluation of site soils will include the following: June 3, 2008 Page 4
a. Identify hydric and non-hydric soils, and agricultural soils as defined by the NYS Land Classification System. b. Erosion impacts and estimated quantities and locations of increased longterm erosion. c. Construction methods and best management practices that will be employed to lessen erosion and to prevent sediment from migrating off-site or into nearby waterbodies and wetlands based on prevailing NYSDEC criteria. d. Submit a soil erosion and sediment control plan that will consist of a text description and plan details of specific designs to be implemented during and post-construction. 3. A topographic survey based on a two-foot contour interval will be prepared at the subdivision scale. Existing and proposed topography will be mapped based on the following slope categories: 1-15%, 15-25%, and 25% and greater. Slope descriptions will include a listing of these slope categories as a percentage of the total site area (pre and post development). A comparison of existing and proposed topography will be evaluated. The following will be described: a. Prominent and/or unique features including stonewalls, large boulders, ledges, and rock outcroppings if present on the site. b. In areas identified for stormwater infiltration and subsurface sewage disposal, percolation tests will be conducted and the results described to confirm the adequacy of the soils for these purposes. B. Surface Water Resources 1. Surface water features will be mapped. Provide water quality classifications of all watercourses. A drainage study, defining existing and post-development (i.e., Proposed Action) peak rates of stormwater runoff and stormwater quality treatment will be submitted that conforms to NYS DEC methodology. A draft Stormwater Pollution Prevention Plan shall be submitted as an appendix to the DEIS. 2. Area residents have expressed concern that the project will contribute to and exacerbate drainage problems in the project vicinity. The drainage study must include a map which illustrates drainage basins both on-site and off-site in the adjoining area. It shall show the project and drainage basins in relation to River Glen Road, Bruyn Turnpike and Beech Lane. The drainage study must specifically address whether the project site would contribute runoff and how any impacts to same will be mitigated. 3. Identify whether the 100-year floodplain is present on the project site. Describe any potential impacts to same, and mitigation measures that may be required to avoid impacts to the 100-year floodplain. 4. A stormwater management plan for the subdivision shall be submitted. All proposed measures and procedures will be selected in accordance with the current NYSDEC Design Standards. 5. Describe any mitigation measures that will be required to eliminate or reduce impacts to surface water resources. June 3, 2008 Page 5
6. The subdivision plans for the conventional and cluster layouts must illustrate stormwater management basins designed to meet Town s specifications and that are acceptable to the Town Highway Superintendent. C. Ground Water Resources 1. Ground water from individual well(s) has been identified as the source of water supply for the Proposed Project. An estimate of the water demand and recharge for the proposed subdivision will be included and the location and characteristics of the proposed supply wells (e.g., well type, depth, pumping capacity, etc.) described. Results of well testing required by the Ulster County Department of Health will be described in the DEIS. 2. Describe the potential impacts to adjacent wells that might result from the project. If warranted, additional water quality testing will be performed to adequately determine the scale of the impact. 3. In the event water quality tests reveal that any parameters are present that exceed state drinking water standards, the DEIS shall include appropriate measures to mitigate these parameters to acceptable levels, e.g., water treatment, alternative water supply systems or locations, etc. D. Wastewater / Sewage Disposal 1. Estimate the potential sewage generation from the proposed project. 2. Illustrate on the subdivision plan the proposed location of septic systems and the existing subsurface disposal systems and wells of neighboring properties. 3. Reference prevailing Ulster County Department of Health criteria for subsurface disposal systems. Describe the suitability of soils for subsurface systems and provide field test results demonstrating soils are suitable for septic systems. 4. Discuss mitigation measures. E. Terrestrial and Aquatic Ecology The Shawangunk Habitat Assessment Guidelines shall be used in preparing a habitat assessment which shall be the basis for the data and findings presented in this section of the DEIS. 1. Vegetation a. Contact the NYS DEC and Federal Fish and Wildlife Service to identify and evaluate the possible presence of unique, rare and/or endangered, threatened species. b. Conduct a field survey to determine existing vegetation and provide a description of the findings. Provide an aerial that identifies various on-site habitats. Provide a list of observed vegetative species, and those likely to be present on the site. c. Identify mature trees(18 dbh) within the areas to be disturbed. June 3, 2008 Page 6
d. Evaluate the potential impacts on the resources identified, including a quantitative assessment of potential loss and/or reduction of function, and necessary mitigation measures designed to offset, reduce, or eliminate such losses. 2. Fish and Wildlife a. Contact the NYS DEC and Federal Fish and Wildlife Service to identify and evaluate the possible presence of unique, rare and/or endangered, threatened and special concern. Analyze the potential presence of bog turtle and Indiana bat habitat on the project site. b. Conduct a field survey to identify existing species that may utilize the site and provide a description of the findings. c. Evaluate the potential impacts on the resources identified, including a quantitative assessment of potential removal or disturbance of existing wildlife and habitat areas, and necessary mitigation measures designed to offset, reduce, or eliminate such losses. 3. Wetlands a. Delineate all on-site wetlands in accordance with New York State criteria and the methodology provided in the 1987 Army Corps of Engineers Wetlands Delineation Manual. Describe the presence of vernal pools, if any. Describe quantitatively and qualitatively on-site wetlands and waters. b. Calculate the area of proposed wetland disturbance based on grading plans. c. Assess wetland functions and values and potential impacts at the subdivision, project and any other appropriate scales and describe proposed mitigation. Mitigation measures shall include avoidance, replacement, and enhancements. Utilize measures that limit direct impact to the wetland, e.g., open-box culverts for road crossings. d. Specifically assess the quality and quantity of impacts to wetlands located west of the cul-de-sac and east of the Roosa Road dead end. The DEIS shall evaluate road designs, such as limited right-of-way disturbances, bridging wetland, etc., that would limit impacts. Submit comments from the ACOE as evidence that the ACOE would not permit disturbances to these wetlands.the applicant shall include, as an appendix to the DEIS, all correspondence, maps, etc., that have been sent to the ACOE or received from the agency. The Planning Board will use this assessment to determine whether the road connection is feasible, given the presence of wetlands in this location. e. Discuss any special mitigation measures that will be implemented to prevent soil erosion and sedimentation of wetlands during construction. f. Identify permits required from the NYS DEC and Army Corps of Engineers for the proposed project. F. Land Use and Zoning 1. Land Use a. Describe existing land uses of the subject property and adjoining properties. b. Discuss the compatibility of the proposed project with the character of the adjoining area. June 3, 2008 Page 7
c. Discuss potential impacts on adjacent land uses including the potential effects of increased traffic on adjoining residential neighborhoods. 2. Zoning a. Describe existing zoning of the project site and adjoining properties. b. Discuss conformance of the proposed action with the Town of Shawangunk Comprehensive Plan. c. Demonstrate compliance with the Subdivision Approval standards and other criteria set forth by the Town of Shawangunk Code. The analysis shall clearly indicate the extent to which any modifications or waivers of such standards and other criteria or any variances from such regulations would be required to carry out the project as proposed, and an evaluation of why such deviation would be appropriate. G. Transportation 1. Roadway analysis -- Existing streets in project vicinity will be inventoried to determine street widths, speed limits, prevailing speeds, number of travel lanes, sight distance measurements at intersections with restrictive conditions, traffic control devices, signs, and markings. 2. Roads to be evaluated shall include: Bruyn Turnpike, Roosa Road, and River Glen Road. Roosa Road is being evaluated, as it presents an alternative road connection to the proposed subdivision. The intersections of River Glen/Dubois Roads, Roosa/Dubois Roads, Knoll Road/River Glen Road, Bernhart Road/Dubois Road, and and proposed access road/bruyn Turnpike, shall be evaluated for sight distance and to determine if they meet applicable design safety standards. 3. Potential exists for the project to impact Roosa Road, Dubois Road up to Roosa Road, Malloy Road and traffic from the Town of Montgomery should be evaluated. The action may create an alternative through road which shall be evaluated. 4. Address potential impacts associated with implementation of the proposed action, and identify proposed traffic and safety improvements or other mitigation measures designed to lessen the impact of the project on the adjacent road network. 5. Using available information, thoroughly evaluate traffic impacts to the Bruyn Turnpike bridge over the Wallkill River before, during, and after bridge replacement. Describe weight limitations before and after replacement, especially during peak traffic AM and PM traffic periods and dismissal of area schools. Describe the timing of subdivision improvements and road opening to Bruyn Turnpike in relation to the timeframes for bridge replacement. 6. Address traffic impacts during the time that the bridge on Bruyn Turnpike may be closed, and address the impacts to emergency access during said time period. 7. Mitigation in the form of recommendations for roadway and intersection improvements, traffic controls. The need for sidewalks within the proposed subdivision will be assessed. H. Aesthetic Resources 1. Describe through the use of narrative text, photographs and photographic simulations, plans, sections, visual sight lines, or other graphic representations, the visual character of the proposed action and its environs. The analysis will describe: a. The existing visual character. June 3, 2008 Page 8
b. The change in visual character resulting from implementation of the proposed action. This will include an assessment of the visibility of the project from Bruyn Turnpike, Route 208, and the Wallkill River (refer to Roadside view area presented on p. 38 of the Town of Shawangunk Open Space Inventory and Analysis). c. Mitigation measures proposed to lessen the visual impact of the proposed action including but not limited to such matters as architectural design, earthtone colors, landscaping, preservation of existing vegetation, and preservation of existing topography. d. Discuss the landscaping elements to be integrated into the subdivision plan to mitigate potential visual impacts. Identify trees/tree stands to be preserved and the need for additional screening. Identify and design screening for stormwater management basins that are in keeping with rural surrounds. I. Historic and Archaeological Resources 1. Contact the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) to determine the potential impact on historic and archaeological resources that may be located on the project site. Conduct a Phase IA and Phase IB evaluation. If required by SHPO, perform a Phase II investigation and include the findings in the DEIS. 2. The archaeological investigation must be performed to State Standards by a professional archaeologist. 3. Describe the cemetery located on the project site. Identify the limits of the study. 4. Discuss mitigation measures proposed, or alternatives considered as deemed advisable by the professional archaeologist or OPRHP. Provide mitigation measures to secure the existing cemetery from disturbances. J. Community Facilities and Services 1. The Proposed project will create the need for additional community services including police and fire protection, emergency services, education, and recreation. 2. The impact of the proposed project on each service area will be considered based on interviews conducted with applicable community agencies. 3. Mitigation measures will be discussed. IV. UNAVOIDABLE ADVERSE IMPACTS This section of the DEIS will identify impacts that are likely to occur despite mitigation measures, and will compare the beneficial and adverse implications of these unavoidable impacts. V. ALTERNATIVES This section of the DEIS will evaluate and compare alternatives to the proposed action, which are listed below. The evaluation and comparison will include a conceptual plan and a tabular comparison of quantified impacts. The following alternatives will be studied: A. The No Action Alternative as required under 6 NYCRR 617.9.b.5. June 3, 2008 Page 9
B. Conventional subdivision. The conventional alternative will also be used to determine the maximum yield for the cluster development. C. Cluster Subdivision plan that connects the proposed cul-de-sac to Roosa Road and an evaluation of the advantages and disadvantages of this road connection. The alternative shall specifically describe potential impacts to wetlands and traffic circulation. D. Cluster Subdivision plan that limits the number of lots on which the open space is situated. E. Cluster Subdivision plan that places the open space along the Wallkill River on one lot to be held in conservation ownership. F. An attached dwelling unit arrangement designed in accordance with the zoning and other land use development regulations of the Town. The alternative plans will provide a level of engineering detail to demonstrate the ability of each proposed alternative to comply with the requirements of the Town Code, and to compare the environmental impacts associated with each alternative versus the proposed action. Clearing limits for all alternative plans will be provided, and the proposed levels of disturbance for each alternative quantified. In the case of the stormwater plans for each alternative, the plans will be sufficient to allow the Planning Board to confirm that appropriate stormwater management and treatment facilities could be accommodated on the site, but not at a level of detail that would be required for final approval of a SWPPP. VI. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES Identification of those natural and man-made resources consumed, converted or otherwise made unavailable for future use as a consequence of the proposed action with specific concern for prime agricultural soils and lands. VII. GROWTH INDUCING ASPECTS Potential growth-inducing aspects, including short and long term, and primary, secondary and indirect impacts, generated by the project will be described and mitigation measures discussed, if necessary. VIII. EFFECTS ON THE USE AND CONSERVATION OF ENERGY RESOURCES A description of the effect of the proposed action on the short and long term use and conservation of energy resources will be provided including ways to reduce inefficient or unnecessary consumption during construction and long term operation. XI. APPENDICES The appendices will include a list of all underlying studies and reports relied upon in preparing the DEIS, technical exhibits and studies background information relevant to the proposed action such as this Scoping Document and other relevant SEQR documents, a list of involved and interested agencies, and relevant correspondence with involved agencies and persons. These include but are not limited to: June 3, 2008 Page 10
1. Correspondence 2. Cultural Resource Survey 3. Wetland Delineation Report 4. Drainage Calculations 5. Potable Water Pump Tests and Water Quality Test Results 6. Habitat Assessment June 3, 2008 Page 11