Draft Environmental Impact Statement for
U.S. Route 9 Town of Fishkill Dutchess County, New York
Prepared by the office of:
M.A. Day Engineering, PC 3 Van Wyck Lane Wappingers Falls, New York 12590 845-223-3202
Prepared for:
Walloon Trust 44 Elm Street Fishkill, New York 12524
January 2010
Draft Environmental Impact Statement for
Highland Valley
U.S. Route 9 Town of Fishkill Dutchess County, New York
Prepared for: Walloon Trust 44 Elm Street Fishkill, New York 12524 Contact: Melissa Oberle Phone: (845) 896-6225
Lead Agency: Town of Fishkill Town Board Town of Fishkill Planning Board 807 Route 52 Fishkill, New York 12524 Contact: Darlene Bellis, Town Clerk Phone: (845)-831-7800
Prepared By: M.A. Day Engineering, PC 3 Van Wyck Lane Wappingers Falls, New York 12590 Contact: Mark A. Day, PE (845) 223-3202
Date Submitted:
Date Accepted as Complete:
Date of Public Hearing:
Location: US Route 9 Town of Fishkill, Dutchess County, New York
Tax Map Numbers: 133809-6154-00-780423 133809-6154-00-723454 133809-6154-00-782532 133809-6154-00-846575
Lead Agency: Town of Fishkill Town Board 807 NYS Route 52 Fishkill, New York 12524
Lead Agency Contact: Darlene Bellis, Town Clerk Phone: (845)-831-7800
Project Sponsor: Walloon Trust 44 Elm Street Fishkill, New York 12524
Project Sponsor Contact: Contact: Melissa Oberle Phone: (845) 896-6225
Prepared by: M.A. Day Engineering, PC 3 Van Wyck Lane, Suite 2 Wappingers Falls, New York 12590 (845) 223-3202 Contact: Mark A. Day, PE
List of Involved Agencies:
Town of Fishkill Town Board 807 Route 52 Fishkill, New York 12524
Zone Change Authorization of Sewer and Water Transportation Corporations Sewer Rates
Town of Fishkill Planning Board 807 Route 52 Fishkill, New York 12524
Site Plan Approval Floodplain Development Permit SEQRA Related Documents
New York State Department of Environmental Conservation Region 3 Office 21 South Putt Corners Road New Paltz, NY 12561
State Pollution Discharge Elimination System (SPDES) Permit for Sanitary Disposal and Stormwater Discharges Water Supply Approval Permit
New York State Department of Transportation 4 Burnett Boulevard Poughkeepsie, New York 12603
Proposed Entrance onto US Route 9 Utility Work adjacent to and in the US Route 9 R.O.W.
New York State Health Department Bureau of Water Supply Protection Flanigan Square, 547 River Street Troy, NY 12180-2216
Approval of Plans for Public Water Supply & Sewer Improvements Water Quality and Treatment
New York State Department of Public Service 3 Empire State Plaza Albany, New York 12223-1350
Approval of Water Rates
New York Secretary of State New York State Department of State 41 State Street Albany, New York 12207
Authorization for Transportation Corporation
Dutchess County Department of Health 387 Main Street Poughkeepsie, NY 12601
Water Distribution System Water Treatment Plant Wastewater Collection and Transmission Lines
List of Interested Agencies:
Rombout Fire District Cedar Hill Road Fishkill, New York 12524
Environmental Advisory Board 807 Route 52 Fishkill, New York 12524
Dutchess County Planning Department 27 High Street Poughkeepsie, New York 12601
New York State Department of Environmental Conservation Division of Regulatory Affairs 625 Broadway Albany, New York 12233
New York State Department of Environmental Conservation Central Office, Commissioner of NYSDEC 625 Broadway Albany, New York 12233-0001
New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau Peebles Island/PO Box 189 Waterford, New York 12188-0189
United States Army Corp. of Engineers Room 1937 26 Federal Plaza New York, New York 10278-0090
Robyn Niver U.S. Department of Fish and Wildlife 3817 Luker Road Cortland, New York 13045
List of Contributing Consultants:
Site Engineering: M.A. Day Engineering, PC 3 Van Wyck Lane, Suite 2 Wappingers Falls, New York 12590 (845) 223-3202 Contact: Mark A. Day, PE
Natural Resources: Ecological Solutions, LLC 1248 Southford Road Southbury, CT 06488 (203) 264-8691 Contact: Michael Nowicki
Traffic Engineering: John Collins Engineers, P.C. 11 Bradhurst Avenue Hawthorne, New York 10532 (914)-347-7500 Contact: Dr. John Collins, PE
Archeologist: Hartgen Associates 1744 Washington Avenue Extension Rensselaer, New York 12144 (518)-283-0534 Contact: Andre Krievs
Project Attorney: Vergilis, Stenger, Roberts & Davis, LLP 1136 Route 9 Wappingers Falls, New York 12590 (845)-298-2000 Contact: Kenneth M. Stenger, Esq.
Table of Contents
1.0 Executive Summary...... 1
1.1 Format and Content of the DEIS...... 1
1.2 Purpose of the DEIS ...... 1
1.3 Description of Action...... 1
1.4 Conventional “As-of-Right” Lot Layout...... 6
1.5 Significant Beneficial Impacts...... 7 1.5.1 Social Impacts...... 7 1.5.2 Fiscal Impacts...... 7 1.5.3 Consistency with Local & Regional Comprehensive Plans...... 8 1.5.3.1 Town of Fishkill Comprehensive Plan ...... 8 1.5.3.1.1 Conserve Critical Lands ...... 8 1.5.3.1.2 Preserve Significant Environmental Resources...... 9 1.5.3.1.3 Connect People and Places ...... 9 1.5.3.1.4 Ensure Economic and Social Diversity ...... 10 1.5.3.1.5 Emphasize Scenic and Historic Stewardship...... 10 1.5.3.1.6 Create Gateways...... 10 1.5.3.1.7 Create Great Places for People ...... 11 1.5.3.1.8 Promote Good Design of the Built Environment ...... 11 1.5.3.1.9 Streamline the Review Process...... 12 1.5.3.1.10 Raise Community Awareness...... 12 1.5.3.1.11 Coordinate with the School Districts...... 12 1.5.3.1.12 Work Cooperatively...... 13 1.5.3.2 Dutchess County...... 13
1.6 Significant Adverse Impacts...... 16 1.6.1 School-Aged Children...... 16 1.6.1.1 Potential Impacts ...... 16 1.6.1.2 Mitigation Measures ...... 16 1.6.2 Fiscal Impacts to the School District...... 17 1.6.2.1 Potential Impacts ...... 17 1.6.2.1.1 Existing Tax Revenues ...... 17 1.6.2.1.2 Projected Tax Revenues ...... 17 1.6.2.1.3 Fiscal Impacts on Schools ...... 17 1.6.2.2 Mitigation Measures ...... 19 1.6.3 Soil and Geology...... 19 1.6.3.1 Potential Impacts ...... 19 1.6.3.1.1 Agricultural Soils...... 21
1.6.3.1.2 Possible Blasting...... 21 1.6.3.2 Mitigation Measures ...... 21 1.6.4 Surface and Groundwater Resources ...... 21 1.6.4.1 Potential Impacts ...... 21 1.6.4.1.1 Surface Water ...... 21 1.6.4.1.2 Groundwater ...... 22 1.6.4.2 Mitigation Measures ...... 22 1.6.5 Vegetation ...... 23 1.6.5.1 Potential Impacts ...... 23 1.6.5.1.1 Existing Conditions ...... 23 1.6.5.2 Mitigation Measures ...... 25 1.6.6 Fauna ...... 26 1.6.6.1 Potential Impacts ...... 26 1.6.6.1.1 Indiana Bats...... 33 1.6.6.1.2 Bog Turtles...... 33 1.6.6.1.3 Eastern Timber Rattlesnake...... 33 1.6.6.1.4 Bald Eagle...... 33 1.6.6.2 Mitigation Measures ...... 33 1.6.7 Cultural Resources...... 34 1.6.7.1 Potential Impacts ...... 34 1.6.7.2 Mitigation Measures ...... 37 1.6.8 Transportation ...... 37 1.6.8.1 Potential Impacts ...... 37 1.6.8.1.1 Traffic Impacts due to Background Growth...... 37 1.6.8.1.2 Cumulative Traffic Impacts...... 38 1.6.8.2 Mitigation Measures ...... 38 1.6.9 Land Use and Zoning ...... 38 1.6.9.1 Potential Impacts ...... 38 1.6.9.2 Mitigation Measures ...... 39 1.6.10 Consistency with Comprehensive Plans...... 39 1.6.10.1 Potential Impacts ...... 39 1.6.10.2 Mitigation Measures ...... 39 1.6.11 Community Services – Police Services...... 41 1.6.11.1 Potential Impacts ...... 41 1.6.11.2 Mitigation Measures ...... 41 1.6.12 Community Services – Fire and Emergency Medical Services ...... 41 1.6.12.1 Potential Impacts ...... 41 1.6.12.2 Mitigation Measures ...... 41 1.6.13 Community Services – Recreational Facilities...... 42 1.6.13.1 Potential Impacts ...... 42 1.6.13.2 Mitigation Measures ...... 42 1.6.14 Community Services – General Government...... 43 1.6.14.1 Potential Impacts ...... 43 1.6.14.2 Mitigation Measures ...... 43 1.6.15 Utilities –Water ...... 43 1.6.15.1 Potential Impacts ...... 43
1.6.15.1.1 Average Daily Water Demand...... 43 1.6.15.2 Mitigation Measures ...... 44 1.6.16 Utilities – Wastewater...... 44 1.6.16.1 Potential Impacts ...... 44 1.6.16.2 Mitigation Measures ...... 44 1.6.17 Solid Waste ...... 44 1.6.17.1 Potential Impacts ...... 44 1.6.17.2 Mitigation Measures ...... 45
1.7 Involved & interested Agencies...... 45 1.7.1 Involved Agencies...... 45 1.7.2 List of Interested Agencies and Parties...... 46
1.8 Potential Controversy ...... 47
1.9 Cumulative Impacts ...... 48 1.9.1 Traffic...... 50 1.9.2 Recreation...... 50 1.9.3 Zoning ...... 51 1.9.4 School-Aged Children...... 51
1.10 Project Alternatives...... 51 1.10.1 No-Build Alternative...... 52 1.10.2 Conventional Subdivision...... 52 1.10.3 Clustered Manufactured Housing Alternative...... 53 1.10.3.1 Alternative Water and Sewer Service...... 53 1.10.3.1.1 Connection to the Village of Fishkill Water Supply ...... 53 1.10.3.1.2 Community Water Supply System ...... 54 1.10.3.1.3 Community Water Supply Dedicated to the Town of Fishkill.. 54 1.10.3.1.4 Transportation Corporation...... 54 1.10.3.1.5 Alternative Sewage System...... 54
2.0 Description of Site Specific Action ...... 55
2.1 Introduction ...... 55 2.1.1 Description of Parcel...... 55 2.1.2 Description of Site Access and Surrounding Roadway Network ...... 58 2.1.2.1 US Route 9 ...... 59 2.1.2.2 Interstate-84...... 59 2.1.2.3 Other Secondary Roads...... 59 2.1.3 Project Purpose, Public Need and Benefit to the Town ...... 59 2.1.3.1 Project Purpose ...... 59 2.1.3.2 Public Need...... 60 2.1.3.3 Benefit to the Town...... 60 2.1.3.3.1 Greenway Compact ...... 60 2.1.3.3.2 Fiscal Benefits ...... 61
2.1.3.3.3 Decreased Land Disturbance ...... 61 2.1.3.3.4 Social and Economic Benefits of the Proposed Action...... 61 2.1.4 Objectives of the Project Sponsor ...... 61 2.1.5 Project Background and Site History ...... 61 2.1.6 Conformance to the Town of Fishkill Comprehensive Plan ...... 62 2.1.7 Conformance to the Zoning Code ...... 70
2.2 Project Description...... 70 2.2.1 Project Narrative ...... 70 2.2.1.1 General...... 70 2.2.2 Project Layout and Design Philosophy...... 71 2.2.2.1 Site Disturbance ...... 71 2.2.2.2 Site Roadways...... 71 2.2.2.3 Lot Layout ...... 71 2.2.3 Open Space ...... 71 2.2.3.1 Preservation of Existing Vegetation and Trees...... 71 2.2.3.2 Buffers...... 72 2.2.3.3 Land to be Cleared...... 72 2.2.3.4 Impervious Area...... 72 2.2.4 Site Access...... 72 2.2.4.1 Traffic Calming Measures ...... 72 2.2.5 Traffic Circulation...... 73 2.2.6 Architectural Housing Design...... 73 2.2.6.1 Type of Construction ...... 73 2.2.6.2 Fuel and Energy Source ...... 73 2.2.6.3 Separation Between Houses ...... 73 2.2.7 Plantings, Buffers and Signage ...... 74 2.2.7.1 Street Trees...... 74 2.2.7.2 Signage ...... 74 2.2.7.2.1 Project Signage...... 74 2.2.7.2.2 Directional Signs and Other Miscellaneous Signs...... 75 2.2.8 Utilities ...... 75 2.2.8.1 Water Supply...... 75 2.2.8.1.1 Water Demand...... 75 2.2.8.2 Wastewater ...... 77 2.2.8.3 Transportation Corporation...... 77 2.2.8.4 Stormwater Management...... 77 2.2.8.4.1 Pre-Development Conditions...... 78 2.2.8.4.2 Post-Development Conditions...... 78 2.2.8.4.3 Impacts to Clove Creek ...... 79 2.2.8.4.4 Cumulative Impacts - Surface Waters ...... 79 2.2.8.4.5 Surface Water Mitigation Measures ...... 79 2.2.8.4.6 Solid Waste...... 82 2.2.8.5 Wetland Management ...... 82 2.2.8.5.1 NYSDEC Wetlands...... 83 2.2.8.5.2 ACOE Wetlands...... 83
2.2.8.6 Erosion Control Measures ...... 84 2.2.8.7 Types of Temporary Erosion Control Structures...... 86 2.2.8.7.1 Silt Fencing...... 86 2.2.8.7.2 Temporary Seeding...... 86 2.2.8.7.3 Stabilized Construction Entrance...... 86 2.2.8.7.4 Dust Control...... 86 2.2.8.7.5 Temporary Soil Stockpile...... 86 2.2.8.8 Types of Permanent Erosion Control Structures ...... 87 2.2.8.8.1 Establishment of Vegetation...... 87 2.2.8.8.2 Operation and Maintenance...... 87 2.2.8.8.3 During Construction Inspection and Maintenance ...... 87
2.3 Construction, Operation, and Phasing...... 88 2.3.1 Phasing and Construction Schedule...... 88 2.3.1.1 Phasing, Construction and Operation...... 88 2.3.1.1.1 Phasing and Construction Schedule...... 88 2.3.2 Construction Operations...... 91 2.3.2.1 Hours of Construction Activity...... 91 2.3.2.2 Noise Control...... 92 2.3.2.3 Erosion Control...... 92
3.0 Required Permits & Approvals ...... 94
3.1 List of Involved Agencies ...... 94
3.2 List of Interested Agencies and Parties ...... 95
4.0 Setting, Impacts & Mitigation ...... 96
4.1 Land Use & Zoning ...... 96 4.1.1 Existing Conditions...... 96 4.1.1.1 Existing Site Conditions ...... 96 4.1.1.1.1 Site Photographs...... 99 4.1.1.2 Surroundings...... 138 4.1.1.3 Existing Zoning ...... 138 4.1.1.4 Other Major Developments ...... 138 4.1.1.5 Traffic...... 138 4.1.1.5.1 Existing Conditions ...... 138 4.1.1.5.2 Traffic Impacts due to Background Growth...... 139 4.1.1.5.3 Cumulative Traffic Impacts...... 139 4.1.2 Land Use and Zoning Impacts...... 141 4.1.2.1 Other Major Developments ...... 141 4.1.2.2 Land Use Cumulative Impacts ...... 141 4.1.2.3 Soils...... 142 4.1.2.4 Surface Waters...... 142 4.1.2.5 Land Use and Zoning Mitigation Measures ...... 142
4.1.2.5.1 Land Use...... 142 4.1.2.5.2 Comprehensive Planning and Zoning...... 142 4.1.2.5.3 Town of Fishkill Comprehensive Plan ...... 142 4.1.2.5.4 Dutchess County Master Plan...... 143
4.2 Soils and Topography...... 144 4.2.1 Existing Soil & Topographic Conditions Soils...... 144 4.2.1.1 Subsurface ...... 144 4.2.1.2 Surface ...... 146 4.2.1.2.1 On-Site Soil Test Pits...... 147 4.2.1.2.2 Soil Limitations ...... 147 4.2.1.3 Agricultural Soils ...... 148 4.2.1.4 Topography ...... 148 4.2.1.5 Unique Features ...... 148 4.2.1.6 Description of Surrounding Topography ...... 148 4.2.2 Soils and Geologic Impacts ...... 148 4.2.2.1 Land Disturbance & Site Grading ...... 148 4.2.2.2 Soil Erosion and Control...... 149 4.2.2.3 Slope Stabilization...... 149 4.2.2.4 Blasting...... 149 4.2.2.5 Increased Impervious Area...... 149 4.2.2.6 Cut and Fill Requirements...... 149 4.2.2.7 Time Frame and Phasing Impacts...... 149 4.2.2.8 Cumulative Impacts...... 149 4.2.3 Soils and Geologic Mitigation Measures...... 149 4.2.3.1 Grading Plan ...... 150 4.2.3.2 Erosion Controls ...... 150 4.2.3.3 Stormwater Pollution Prevention Plan (SWPPP)...... 152 4.2.3.3.1 Forebays and Stormwater Basins...... 152 4.2.3.3.2 Sediment & Erosion Control & Best Management Practices.... 153 4.2.3.3.2.1 Post-Construction...... 154 4.2.3.3.3 Siltation Fencing and Diversion Swales...... 155 4.2.3.3.4 Disposal of Construction Generated Debris ...... 155 4.2.3.3.5 Site Reclamation...... 155 4.2.3.3.6 Disturbance of Non-Construction Areas ...... 155 4.2.3.3.7 Steep Slopes...... 155 4.2.3.4 Temporary Construction Access ...... 156
4.3 Groundwater...... 156 4.3.1 Existing Conditions...... 156 4.3.1.1 Location & Description of Aquifers & Recharge Area ...... 156 4.3.1.1.1 Aquifer Types...... 156 4.3.1.1.2 Sand and Gravel Aquifers...... 156 4.3.1.1.3 Depth to Water Table...... 157 4.3.1.1.4 Seasonal Variation of Water Table...... 157 4.3.1.1.5 Water Quality and Quantity in the Aquifer ...... 157
4.3.1.1.5.1 Quantity...... 157 4.3.1.1.5.2 Water Quality...... 157 4.3.1.2 Water Demand ...... 158 4.3.1.3 Peak Daily Demand – Domestic...... 158 4.3.1.3.1 Fire Protection Needs ...... 158 4.3.2 Impacts...... 158 4.3.2.1 Use of Water Meters ...... 158
4.4 Surface Water ...... 159 4.4.1 Sewage Treatment...... 159 4.4.1.1 Existing Conditions...... 159 4.4.1.2 Impacts...... 159 4.4.1.2.1 Installation of the Proposed Force Main...... 159 4.4.1.2.1.1 Loss of Groundwater Recharge ...... 159 4.4.1.3 Mitigation...... 159 4.4.1.3.1.1 Loss of Groundwater Recharge ...... 159
4.5 Stormwater Management Plan ...... 159 4.5.1 Existing Conditions...... 159 4.5.1.1 Location & Description of Surface Water...... 159 4.5.1.2 Required Permits ...... 160 4.5.1.3 Regional Watershed & On-Site Drainage ...... 160 4.5.2 Impacts...... 160 4.5.2.1 Effect of SPDES Regulations on Drainage ...... 160 4.5.2.2 Loss of Groundwater Recharge...... 160 4.5.2.3 Changes in Local Drainage Plan ...... 160 4.5.3 Mitigation...... 160 4.5.3.1 EPA Phase II Regulations ...... 160 4.5.3.2 Temporary Sediment Basins...... 161 4.5.3.3 Measures Required by the NYSDEC ...... 161 4.5.3.3.1 Types of Temporary Erosion Control Structures...... 161 4.5.3.3.1.1 Silt Fencing...... 161 4.5.3.3.1.2 Temporary Seeding...... 162 4.5.3.3.1.3 Stabilized Construction Entrance...... 162 4.5.3.3.1.4 Dust Control...... 162 4.5.3.3.1.5 Temporary Soil Stockpile ...... 162 4.5.3.3.2 Types of Permanent Erosion Control Structures ...... 162 4.5.3.3.2.1 Establishment of Vegetation...... 162 4.5.3.3.2.2 Operation and Maintenance...... 162 4.5.3.3.2.3 During Construction Inspection and Maintenance ...... 162 4.5.3.4 Stormwater Collection System...... 163 4.5.3.5 Stormwater Pollution Prevention Plan (SWPPP)...... 163 4.5.3.5.1 Forebays and Stormwater Basins...... 164 4.5.3.6 Stormwater Treatment Prior to Discharge ...... 164 4.5.3.7 Maintain Permeable Areas of the Site ...... 165 4.5.3.8 Avoiding Direct Discharge to Surface Waters ...... 165
4.6 Floodplain...... 166 4.6.1 Existing Conditions...... 166 4.6.1.1 Location & Description of Surface Water...... 166 4.6.1.2 Limits of unnumbered “A” zone ...... 166
4.7 Wetlands...... 168 4.7.1 Existing Conditions...... 168 4.7.1.1 Location & Description Wetlands ...... 168 4.7.2 Impacts...... 168 4.7.2.1 Amount of Disturbance ...... 168 4.7.2.2 Protection of Wetland and Buffer ...... 168 4.7.2.2.1 Silt Fencing...... 169 4.7.2.2.2 Temporary Seeding...... 169 4.7.2.2.3 Temporary Soil Stockpile...... 169 4.7.2.2.4 Post Construction...... 169 4.7.3 Mitigation...... 170 4.7.3.1 NYSDEC Permit Requirements ...... 170 4.7.3.2 USACOE Permit Requirements ...... 170 4.7.3.3 NYSDEC Requirements for the General SPDES Permit for Stormwater...... 171 4.7.3.3.1 Stormwater Quantity...... 171 4.7.3.3.2 Stormwater Quality...... 171
4.8 Vegetation and Fauna ...... 172 4.8.1 Vegetation ...... 172 4.8.1.1 Existing Conditions...... 172 4.8.1.2 Mitigation Measures ...... 174 4.8.2 Fauna 175 4.8.2.1 Potential Impacts ...... 175 4.8.2.1.1 Indiana Bats...... 182 4.8.2.1.2 Bog Turtles...... 182 4.8.2.1.3 Eastern Timber Rattlesnake...... 182 4.8.2.1.4 Bald Eagle...... 182 4.8.2.2 Mitigation Measures ...... 182
4.9 Vehicular & Pedestrian Roadways...... 184 4.9.1 Existing Conditions...... 184 4.9.1.1 Sight Distance Analysis...... 185 4.9.1.2 Accident History...... 185 4.9.1.3 Mass Transit & Pedestrian Environment...... 185 4.9.1.4 School Bus Stop Locations ...... 186 4.9.1.5 Potential Impacts ...... 186 4.9.1.5.1 Traffic Impacts due to Background Growth...... 186 4.9.1.5.2 Cumulative Traffic Impacts...... 187 4.9.1.6 Mitigation Measures ...... 189
4.10 Socioeconomic & Community Services ...... 189 4.10.1 Taxes ...... 189 4.10.1.1 Existing Conditions...... 189 4.10.1.2 Impacts...... 189 4.10.1.3 Mitigation...... 190 4.10.2 Employment...... 190 4.10.2.1 Existing Conditions...... 190 4.10.2.2 Potential Impacts ...... 190 4.10.2.3 Mitigation...... 190 4.10.3 Schools...... 190 4.10.4 Existing Conditions...... 190 4.10.5 Potential Impacts ...... 191 4.10.5.1 School-age Children Estimate...... 191 4.10.5.2 Mitigation...... 191 4.10.6 Recreation...... 191 4.10.6.1 Existing Conditions...... 191 4.10.6.2 Potential Impacts ...... 192 4.10.6.3 Mitigation Measures ...... 192 4.10.7 Emergency Services ...... 192 4.10.7.1 Existing Conditions...... 192 4.10.7.1.1 Police ...... 192 4.10.7.1.2 Fire...... 192 4.10.7.2 Impacts...... 193 4.10.7.3 Mitigation...... 193 4.10.7.3.1 Police ...... 193 4.10.7.3.2 Fire...... 193 4.10.7.3.3 Increased Tax Revenues ...... 193 4.10.8 Highway Department...... 193 4.10.8.1 Existing Conditions...... 193 4.10.8.2 Impacts...... 193 4.10.8.3 Mitigation...... 194 4.10.9 Library...... 194 4.10.9.1 Existing Conditions...... 194 4.10.9.2 Impacts...... 195 4.10.9.3 Mitigation...... 195 4.10.10 Utilities ...... 195 4.10.10.1 Existing Conditions...... 195 4.10.10.2 Impacts...... 195 4.10.10.3 Mitigation...... 195 4.10.11 Air Resource...... 196 4.10.11.1 Existing Conditions...... 196 4.10.11.2 Potential Impacts ...... 196 4.10.11.2.1 Traffic-Related Impacts...... 196 4.10.11.2.2 Cumulative Impacts with other Developments...... 196 4.10.11.2.3 Impact from Wastewater Treatment Plant (Odors) ...... 196 4.10.11.2.4 Construction Impacts...... 196
4.10.11.3 Mitigation Measures ...... 197 4.10.11.3.1 Fugitive Dust Control ...... 197 4.10.11.3.2 Maintenance of Construction Equipment ...... 197 4.10.11.3.3 Emission Odor Control Devices ...... 197 4.10.12 Visual Resources ...... 198 4.10.12.1 Existing Conditions...... 198 4.10.12.1.1 Surrounding Environment ...... 198 4.10.12.2 Potential Impacts ...... 198 4.10.12.2.1 Lighting...... 198 4.10.12.2.2 Visual Impacts from Adjoining Properties...... 198 4.10.12.3 Mitigation...... 198 4.10.12.3.1 Lighting...... 198
5.0 Project Alternatives ...... 198
5.1 No-Build Alternative ...... 199
5.2 Conventional Subdivision ...... 199
5.3 Clustered Manufactured Housing Alternative...... 200
6.0 Other Environmental Impacts...... 200
6.1 Unavoidable Adverse Impacts...... 200
6.2 Irreversible & Irretrievable Commitment of Resources...... 201 6.2.1 Natural Resources Made Unavailable for Future Use...... 201
6.3 Growth Inducing Impacts...... 202 6.3.1 Future Growth Potential ...... 202 6.3.2 Impact on Local Roadways and on Future Development ...... 202
6.4 Effects on the Use & Conservation of Energy Resources...... 202 6.4.1 Energy Sources to be Used If The Project Is Implemented ...... 202 6.4.1.1 Increased Energy Consumption ...... 202 6.4.1.2 Energy Conservation Measures...... 203
List of Figures
Figure 1.4-1 – Site Map ...... 3 Figure 1.4-3 – Town Area Map ...... 5 Figure 1.6.2.1.3 – Haldane School District Budget Breakdown...... 18 Figure 1.6.3.1 – Soils Map...... 20 Figure 1.6.5.1.1-1 – Map of Rare Species & Ecological Communities...... 24 Figure 1.8.5.1.5-1 – Hartgen Letter ...... 35 Figure 1.9-1 – ½ Mile Radius Map...... 49 Figure 2.1.1-1 – Site Map ...... 56 Figure 2.1.1-2 – USGS Map ...... 57 Figure 2.1.1-3 – Town Area Map ...... 58 Figure 2.2.8.1.1-1 – Flow Confirmation Letter ...... 76 Figure 2.3.1.1.1-1 – Phasing Plan...... 89 Figure 4.1.1.1-3 - Existing Driveway Entrance US Route 9 ...... 98 Figure 4.1.1.1-4 - Existing Driveway Entrance to Soil Mine ...... 99 Figure 4.1.1.1.1-1 – Site Photograph Location Plan...... 100 Figure 4.2.1.1-1 – Site Soils...... 145 Figure 4.6.1.2-1 – FlRM Map...... 167 Figure 4.8.1-1 – Map of Rare Species & Ecological Communities...... 173 Figure 4.9.1-1 – Existing Driveway @ Existing Residential Driveway...... 184
List of Tables Table 1.5.2-1 – Tax Revenue Impacts ...... 8 Table 1.6.10.2-1 - Comparative Impact Analysis...... 40 Table 1.6.15.1.1-1 - Water Demand Estimate ...... 43 Table 2.2.8.1.1-1 - Water Demand Estimate ...... 75 Table 2.2.8.4.1-1 Pre-Development Drainage Areas...... 78 Table 2.2.8.4.2-2 - Post-Development Conditions ...... 79 Table 4.2.1-1 - Site Soils at the Highland Valley Site...... 146 Table 4.2.1-2-Percentage of Site Soils at the Project Site ...... 147 Table 4.3.1.2-1 - Water Demand Estimate ...... 158
TABLE OF CONTENTS VOLUME II APPENDIX
A. Scoping Document
B. Natural Resource Survey – Ecological Solutions
C. Stormwater Management Plan – M.A. Day Engineering, PC
D. Traffic Study – Collins Engineering
E. Archeological Survey – Hartgen Archeological Associates
F. Consultant Resumes
TABLE OF CONTENTS VOLUME III APPENDIX
1. Site Plan
2. Grading Plans
3. Utility Drawings
4. Road Profiles
5. Conventional Subdivision of Highland Valley Project with Residential and Commercial Lots
6. Sanitary Sewer Force Main Plan
7. Existing Conditions and Wetland Plan
M.A. Day Engineering, P.C. 5/5/2010
1.0 EXECUTIVE SUMMARY 1.1 FORMAT AND CONTENT OF THE DEIS
The Project Sponsor shall closely examine State Environmental Quality Review Act (SEQRA) regulations for direction on the required content of a Draft Supplemental Environmental Impact Statement (“DEIS”). Unless otherwise directed by the Scoping Document, the provisions of 6 NYCRR 617.9(b) apply to the content of the DEIS and are incorporated herein by reference. The Project Sponsor will prepare a site-specific Draft Supplemental Environmental Impact Statement addressing all items listed in this Scoping Document. 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, referenced in the DEIS and included in an appendix. Narrative discussions will be accompanied to the greatest extent possible by illustrative tables, charts, graphs, and figures. Figures will clearly identify the project area. Full scale Site Plans are to be included with the DEIS as an appendix and reduced copies of pertinent Site Plans shall be included in the text of the DEIS. Plans and maps showing the site will include a plan identifying structures, roads, water bodies, and current adjacent land uses within 2100' of the property boundaries. The DEIS will be written in the third person without use of the terms I, we, and our. All assertions will be supported by evidence. Opinions that are unsupported by evidence will be kept to a minimum and shall be identified as such. Footnotes or endnotes will be used as the form of citing references. The DEIS will group each issue identified into one Existing Setting, Impacts, and Mitigation section to permit more expedient and efficient review. The DEIS may incorporate by reference, in accordance with 6 NYCRR 617.9(b)(7), all or portions of other documents that contain information relevant to the subject DEIS. 1.2 PURPOSE OF THE DEIS This DEIS is being prepared for the Highland Valley project for consideration of rezoning the project parcels from their current zoning designations of GB and R-4 zone to a RMF-5 zone and the development impacts associated with the development of the site in accordance with the Action described in Section 1.3. This DEIS will analyze any potential impacts of the Highland Valley project which is the maximum development potential of the site. 1.3 DESCRIPTION OF ACTION The subject properties, hereinafter referred as the project site (tax map numbers 133809- 6154-00-780423, 723454, 782532 & 844567) contain collectively approximately 76.63 acres. It is located along the west side of US Route 9 approximately 3 miles south of the Village of
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Fishkill as the crow flies (See Figure 1.4-1 “Site Map”, Figures 1.4-2 “USGS Site Map” and Figures 1.4-3 “Town Area Map”). The Project Sponsor, Walloon Trust, located on Elm Street in the Village of Fishkill, is the current owner of the project site. The majority of the property is currently the site of the Southern Dutchess Sand & Gravel Mine. Currently the Project Sponsor has a permit to continue mining the site using subaqueous technology which will extend the life of the mine for an indefinite period of time. The proposed “Highland Valley” Action is an alternative proposal to the subaqueous mining which proposes to develop the 76.63-acre parcel into a manufactured housing community having a maximum unit count of 210 units, recreation areas and private roadways and other appurtenances as required under the RMF-5 zoning and Chapter 106 of the Town of Fishkill Zoning Code entitled “Mobile Home Parks”. Out of the 76.63-acre parcel, the project proposes to maintain 24.48 acres as open space. This is 31.9% of the total project area. Refer to the Site Plan located in the appendices of this document.
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Figure 1.4-1 – Site Map (Not to Scale)
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Figure 1.4-2 – USGS Site Map (Not to Scale)
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Figure 1.4-3 – Town Area Map (Not to Scale)
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The Project Sponsor has chosen to obtain water from the Village of Fishkill in exchange for a parcel of property at the north end of the Sour Mountain property. The new parcel of property will allow the Village to install a new water storage tank for the Village water supply system. The Village has agreed to replace the existing water line located on US Route 9 which serves the area near the Highland Valley site. With respect to sanitary sewer, the Project Sponsor intends on providing a pump station at the project site and installing a force main on US Route 9 to the north end of the Dutchess Mall to an existing sanitary force main located at that north end of the Dutchess Mall site. A transportation corporation will be created to own, operate and maintain the water distribution system inside the limits of the Highland Valley project. Private contractors will be retained by the transportation corporation to oversee maintenance and repairs of the water distribution system. The Project Sponsor is proposing a recreational corridor along the western boundary of the project site to be known as “Highland Valley Park” to provide passive recreation such as hiking, fishing and other type activities along the Clove Creek eastern boundary. This corridor will be accessible by the residents of the Highland Valley project. The park is approximately 21 acres in size and provides direct access to the Clove Creek. 1.4 CONVENTIONAL “AS-OF-RIGHT” LOT LAYOUT The project site is currently zoned R-4A and GB. The Project Sponsor wishes to rezone the project site to RMF-5 to allow for the use of the Mobile Home Park regulations. As cited in § 150-45 [Amended 9-23-2004 by L.L. No. 7-2004] of the Town of Fishkill Zoning Code, mobile home parks are allowed by special use permit, after public hearing by the Town Board, in any residential district where the general land use and development plan is found to comply with the standards of the Mobile Home Park Ordinance (Ordinance No. 3, adopted July 7, 1952, as amended). Local Law 5 of 2009 amended Section 1 of § 106-7 to state: “Notwithstanding the foregoing method for determining maximum lots, and for new mobile home parks proposed in the RMF-5 district where a preponderance for the mobile home park is situated on lands disturbed by a prior legal industrial use or by the extraction of natural resources, and in order to adaptively re-use or to reclaim the prior uses, this section’s limitation on the maximum number of mobile home lots shall not apply so long as (a) the minimum lot size for each lot is 7,500 [square feet] per the requirements of Section 106-8, (b) the separation distance provisions of Section 106-9(A) of this Chapter are increased, if appropriate, to distances determined by the Town Board in context of special permit review in order to promote preservation of the character of the existing neighborhood or otherwise to promote public health, safety and welfare, (c) a preponderance of the mobile home lots are situated within the area of prior disturbance by industrial or extraction of resources uses, and (d) the project meets the other standards set forth in this Chapter for the Town’s issuance of a special permit.”
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The requirements listed in Local Law No. 5 of 2009 have been met insofar as all lots are a minimum of 7,500 square foot in size, the proposed lots are shown on the lots owned by the Project Sponsor which have been previously affected by soil mining. The project meets all other standard listed in Section 106 with the exception of the following: § 106-9 (A) which states: “All structures in any mobile home park shall be set back from any adjoining public road or property boundary at least twice the normal setback requirements for the district in which it is located.” The project has been designed so that there shall be a minimum setback of 120’ from proposed homes to the property line along US Route 9 including the “Lisikatos” property. The bulk regulations require front yard setbacks to be increased by “…10’ along a state or county road”. All setbacks have been doubled in accordance with section 106-9 of the Code for the RMF-5 zone. 1.5 SIGNIFICANT BENEFICIAL IMPACTS The Highland Valley project will provide a number of benefits to the Town of Fishkill and the surrounding region once fully developed.
1.5.1 Social Impacts The project will provide the Town with a more diverse and affordable housing stock while maintaining 24.48 acres (31.9%) of open space. Out of the 24.48 acres, 21.24 acres (86.8%) will remain undisturbed as part of the Federal, State and Local wetlands and the associated 100’ adjacent areas. The project will also create the annualized full-time equivalent of approximately 25 on-site construction labor jobs. The majority of the construction-related employees at the site are expected to come from Fishkill and the immediate surrounding area. These workers are expected to have a positive impact on existing local businesses by purchasing food, gasoline, and other goods and services from local vendors. It is anticipated that future residents of the development will patronize a variety of local retail and commercial establishments. Local businesses are expected to provide many of the goods and services future residents will require. The additional population from the project will help sustain these local businesses. Given the demand and limited number of housing opportunities throughout the Hudson Valley area, the market for affordable single-family units is likely to remain favorable for the foreseeable future. This is especially true for units with quick and easy access to regional roadways, such as the US Route 9, Interstate Route 84 and the Taconic State Parkway.
1.5.2 Fiscal Impacts The proposed project would produce long-term economic benefits with respect to increased tax revenues from the property. Currently, the 5 parcels are assessed at a combined total of $1,865,100.00. Based on this assessment, the total taxes for the property are $34,595.45. Out of the total taxes, $25,607.34 Highland Valley DEIS – Page 7
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is paid to the Haldane Central School District. The current Town, County, Fire District, Ambulance and Library tax for the property is $8,988.11 It is projected that the Highland Valley project, once completed, would generate a total tax revenue of $308,893.25. This is an increase of 900.8%. Refer to section 4.10.1. In addition to increased tax revenue, the additional disposable income brought into the Town and the County by virtue of the residents living in the proposed “Highland Valley” development would provide an additional revenue source through spending by these families in local area businesses.
Table 1.5.2-1 – Tax Revenue Impacts TAX % OF TAX CURRENT TAX PROPOSED TAX ANTICIPATED TAX CODE BILL REVENUES1 REVENUES2 INCREASE County 13.82% $4,739.13 $42,687.98 $37,948.85 Town 8.78% $3,010.78 $27,119.82 $24,109.04 School 74.67% $25,607.34 $230,659.63 $205,052.29 Fire 2.42% $829.69 $7,473.50 $6,643.81 Ambulance 0.31% $105.73 $952.32 $952.32 Library 0.88% $302.78 $2,727.33 $2,424.55 Total $34,595.45 $308,893.25 $274,297.80
It should be noted that the assessment of the mining parcels will decrease every year if the mining operation continues at the Southern Dutchess mine due to the fact that the mining process will reduce the value of the property as well as its development potential.
1.5.3 Consistency with Local & Regional Comprehensive Plans
1.5.3.1 Town of Fishkill Comprehensive Plan The Town of Fishkill Town Board is working to adopt a new Town of Fishkill Comprehensive Plan. The new plan is still under review at the time of this writing. The proposed Highland Valley project is consistent with a number of land use goals and guidelines listed in the Draft Town of Fishkill Comprehensive Plan. Refer to Section 2.1.6 for a more detailed discussion.
1.5.3.1.1 Conserve Critical Lands The Highland Valley project identifies and considers open space in the project development. The project will create approximately 24.48 acres of open space. A portion of the proposed open space (21.24 acres) will be used to create “Highland Valley Park” which is adjacent to the Clove Creek. This area will be conserved as open space for residents of the Highland Valley project who can use this open space for hiking, fishing and other passive activities along the Clove Creek. These areas will remain as open space and be preserved in perpetuity.
1 Based on current assessments of the 4 parcels. 2 Assumes Future assessment of 210 units x $80,000 per unit. Highland Valley DEIS – Page 8
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The Highland Valley project will occupy the site of the Southern Dutchess Sand & Gravel mine. The majority of the mining at the site is complete. Currently, the Project Sponsor has approvals to begin subaqueous mining of the mine floor to mine material below the water table. The approval and development of the Highland Valley project is an alternate to continuation of the mine.
Furthermore, the project will utilize conservation subdivision methodologies as outlined in both Town of Fishkill Zoning Code and in the Draft Town of Comprehensive Plan to develop the site.
As outlined earlier under previous objectives, the Highland Valley project will provide 71.9 acres of open space. Of the 24.48 acres of open space, 21.24 acres will be used to create a passive recreation “corridor” called “Highland Valley Park” immediately adjacent to the Clove Creek. This area will be used for hiking and fishing along the Clove Creek. The corridor will begin at the southern border of Dutchess County through the site to the northern boundary near US Route 9.
1.5.3.1.2 Preserve Significant Environmental Resources The Highland Valley project will utilize a state-of-the art stormwater management program to protect the Clove Creek. The project will utilize sedimentation basins, whenever possible, that will allow stormwater to collect and infiltrate into the ground through an extensive layer of naturally occurring sand and gravel. This provides filtration of stormwater prior to reaching the water table.
The Highland Valley project will develop an existing mine. The majority of the site is to be developed on the areas that have been mined.
The majority of the Highland Valley project will occupy the area of the Southern Dutchess Sand & Gravel Mine. Approximately 31.9% of the site will remain as open space. A portion of the open space (21.24 acres) is adjacent to the Clove Creek. This area will remain undeveloped as part of this proposal and will serve as a passive recreation area.
The Highland Valley project will provide richly landscaped areas using native species to create streetscapes as wells as pocket parks throughout the site. The Project Sponsor will work with a Landscape Architect to create these areas.
The Project Sponsor will preserve as many of the existing trees as possible to develop the site. Whenever, possible, native trees will be transplanted throughout the site from areas that are to be disturbed. New trees will be planted when native trees can not be planted.
1.5.3.1.3 Connect People and Places The Highland Valley layout provides for easy traffic circulation throughout the site. The project also involves the construction of roadways that share vehicles with bicycles.
The project involves the construction of roadways that will be of two widths. The main roadways which circumvent the project and will be used as primary routes of access will be Highland Valley DEIS – Page 9
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26’ wide with (2) 11’ wide travel lanes and a 4’ wide bicycle/walking path on one side of the roadway. The secondary roadways will be 22’ wide with no walkways. As mentioned earlier herein, the project will create a passive recreation corridor along the Clove Creek which can be used for hiking and fishing for the residents of the Highland Valley project.
The project incorporates traffic calming measures such as narrower roadways (2) 11’ with a 4’ wide pedestrian and bicyclists. Admittedly, the Highland Valley project will not serve to connect to sites that offer public transportation. However, the nearest Dutchess County Loop bus connection is at the Dutchess Mall which is approximately 1 mile to the north of the project on US Route 9.
1.5.3.1.4 Ensure Economic and Social Diversity The Highland Valley project will provide 210 manufactured homes in a traditional style community. This type of housing is, by design, affordable in comparison to other housing stock in the region. This project can provide housing for every category of homeowner. Due to the fact that the homes will be affordable, this project can satisfy the needs of first-time homebuyers, the local workforce, senior citizens as well as other homeowners. The manufactured homes that will be placed at the Highland Valley project will be new, state-of-the-art, energy efficient homes. These homes will comply with current Energy Codes. The homes are constructed in a facility where there is no waste of materials as the homes are designed to dimensions that conserve building materials.
1.5.3.1.5 Emphasize Scenic and Historic Stewardship The Highland Valley project is located on the mine floor of the existing Southern Dutchess Mine at the base of the Fishkill Ridge. The project, once developed, will not be seen from US Route 9 or most areas of the Town as the elevation of the project is below most sight lines and it will be behind the existing berm left behind from the soil mining process. The elevation along US Route 9 ranges from 280 to 310 depending on the location US Route 9. The project will be constructed at an elevation of approximately 260. The berm separating the proposed project and US Route 9 ranges in elevation from 280 to 320. It is the intent of the Project Sponsor to ensure that the majority of the site will be shielded from the existing roadways.
1.5.3.1.6 Create Gateways The Highland Valley project is located on the mine floor of the existing Southern Dutchess Mine at the base of the Fishkill Ridge. The project, once developed, will not be seen from US Route 9 or most areas of the Town as the elevation of the project is below most sight lines and it will be behind the existing berm left behind from the soil mining process. The elevation along US Route 9 ranges from 280 to 310 depending on the location US Route 9. The project will be constructed at an elevation of approximately 260. The berm separating the proposed project and US Route 9 ranges in elevation from 280 to 320. It is the intent of the Project Sponsor to ensure that the majority of the site will be shielded from the existing roadways.
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The project will provide affordable homes to residents of the Town of Fishkill. The project will also provide a recreation corridor along the Clove Creek for hiking and fishing.
1.5.3.1.7 Create Great Places for People The project involves the construction of roadways that are 26’ wide with (2) 11’ wide travel lanes and a 4’ wide bicycle/walking path on one side of the roadway. As mentioned earlier herein, the project will create a passive recreation corridor along the Clove Creek which can be used for hiking and fishing for the Town of Fishkill residents.
The project will incorporate scenic walkways from the south end of the site to the north end of the site which will provide access to the proposed “Highland Valley Park”. These walkways will include benches, bike racks and picnic tables. There shall be a central recreation area which will include picnic tables, a pavilion, bike racks. Both the walkways and the central recreation area shall be landscaped to provide a buffer from the neighboring lots.
1.5.3.1.8 Promote Good Design of the Built Environment The Project Sponsor will work with the Town of Fishkill throughout the SEQRA review process to plan and develop the Highland Valley project as a high-quality project.
The Highland Valley project will incorporate street lighting to encourage night time walking and biking along its streets. It is the intent of the Project Sponsor to make the Highland Valley project a traditional neighborhood where people can walk and bicycle throughout the neighborhood. Pocket Parks will be provided where peoples can meet and congregate.
Each unit will be provided with a driveway that will accommodate two off-street parking spaces. A parking area will be provided near the northerly entrance where residents can park to pick up or drop-off mail as well as wait for children at the school drop-off also located at the northern entrance. Both the driveways and parking lot will be shielded using vegetation as well as fencing.
The Highland Valley project will be developed as a traditional neighborhood using walking paths and landscaping to create streetscapes that are appealing to the residents of the project.
The Highland Valley project is located on the mine floor of the existing Southern Dutchess Mine at the base of the Fishkill Ridge. The project, once developed, will not be seen from US Route 9 or most areas of the Town as the elevation of the project is below most sight lines and it will be behind the existing berm left behind from the soil mining process. The elevation along US Route 9 ranges from 280 to 310 depending on the location US Route 9. The project will be constructed at an elevation of approximately 260. The berm separating the proposed project and US Route 9 ranges in elevation from 280 to 320. It is the intent of the Project Sponsor to ensure that the majority of the site will be shielded from the existing roadways.
The Highland Valley project is located on the mine floor of the existing Southern Dutchess Mine at the base of the Fishkill Ridge. The Project Sponsor currently holds a permit to begin Highland Valley DEIS – Page 11
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subaqueous mining at the site. As an alternative to that measure, the Project Sponsor wishes to undertake a project that is more beneficial to both the residents of the Town. The Highland Valley project will provide 210 manufactured homes in a traditional style community. This type of housing is, by design, affordable in comparison to other housing stock in the region. This project can provide housing for every category of homeowner. Due to the fact that the homes will be affordable, this project can satisfy the needs of first-time homebuyers, the local workforce, senior citizens as well as other homeowners. The project, once developed, will not be seen from US Route 9 or most areas of the Town as the elevation of the project is below most sight lines and it will be behind the existing berm left behind from the soil mining process. The elevation along US Route 9 ranges from 280 to 310 depending on the location US Route 9. The project will be constructed at an elevation of approximately 260. The berm separating the proposed project and US Route 9 ranges in elevation from 280 to 320. It is the intent of the Project Sponsor to ensure that the majority of the site will be shielded from the existing roadways.
The project involves the construction of roadways that are 26’ wide with (2) 11’ wide travel lanes and a 4’ wide bicycle/walking path on one side of the roadway. As mentioned earlier herein, the project will create a passive recreation corridor along the Clove Creek which can be used for hiking and fishing for the residents of the project.
The Highland Valley project is located on the mine floor of the existing Southern Dutchess Mine at the base of the Fishkill Ridge. The Project Sponsor currently holds a permit to begin subaqueous mining at the site. As an alternative to that measure, the Project Sponsor wishes to undertake a project that is more beneficial to both the residents of the Town.
1.5.3.1.9 Streamline the Review Process The objectives in this section of the Town of Fishkill Comprehensive Plan are directed more to the Reviewing Boards than the Project Sponsor. The Project Sponsor for the Highland Valley project will work with all involved and interested agencies to provide a project which is both beneficial and appealing to the community.
1.5.3.1.10 Raise Community Awareness The objectives in this section of the Town of Fishkill Comprehensive Plan are also directed more to the Reviewing Boards than the Project Sponsor. The Project Sponsor for the Highland Valley project will work with all involved and interested agencies to provide a project which is both beneficial and appealing to the community.
1.5.3.1.11 Coordinate with the School Districts The project is located in the Haldane School District. The project will generate an additional $205,052.29. This document addresses the fiscal impacts to the Haldane School District in section 1.7.2.
The project is located in the Haldane School District. Busing will be required as it will not be possible for the school-aged children to walk to the schools in the District.
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1.5.3.1.12 Work Cooperatively The objectives in this section of the Town of Fishkill Comprehensive Plan are directed more to the Reviewing Boards than the Project Sponsor. The Project Sponsor for the Highland Valley project will work with all involved and interested agencies to provide a project which is both beneficial and appealing to the community and the surrounding municipalities.
1.5.3.2 Dutchess County The Dutchess County Planning Department prepared a Comprehensive Plan for the County in 1987, titled Directions: The Plan for Dutchess County. A set of 15 goals are identified in the Plan, each with specific policies intended to help achieve these goals. The goals and policies are intended to provide a balance between economic growth and environmental responsibility, and include guidelines directing local municipalities on community values, population growth, regional activity, economic development, natural resources, water supply, waste disposal, land recreation, open space, historic and cultural resources, energy and site planning. This Plan serves as a decision making guide for local governments with respect to their physical, social, and economic development needs. The proposed project is consistent with all of the main objectives identified within the County’s Comprehensive Plan, which include: Land Use Plan: Satellite communities with maintenance of rural atmosphere outside the urban core. Community Values: “To create strong, healthy communities that facilitate supportive interpersonal communications, enhance an individual’s sense of well-being, support and encourage strong families, and provide an environment wherein people can understand and respect one another.” Demography: “To provide for anticipated population growth, while allowing for the orderly and reasonably-timed expansion of community services to accommodate this growth.” Regional Perspective: “Foster Mid-Hudson regional identity & cooperative activity.” Economic Base: “To preserve & strengthen the economy, and to encourage growing & increasingly diversified economic base.” Natural Resources: “To preserve & maintain the quantity and quality of the county’s surface and groundwater resources” “To protect the county’s soils, prime and important agricultural lands, steep slopes, and significant natural areas, and to preserve the health and usefulness of the county’s forests.” Water Supply and Waste Disposal: “To ensure adequate long-term supplies of clean, reasonably priced water and environmentally sound disposal of wastes.” Land Use: “To promote a land use pattern that strengthens existing centers, protects important natural resources, maintains an efficient transportation network, provides for
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economical services and facilities, fosters an orderly pattern of growth and development, and helps each community protect its community values and maintain its distinct identity.” Transportation: “To maintain & enhance the existing transportation system, to encourage alternative means of transportation, to maintain a coordinated, effective, efficient and comprehensive public transportation system, and to ensure that future improvements are a positive force in shaping the physical, social and economic environments.” Housing: “To provide housing alternatives for all residents which ensure quality in construction and environment, variety, affordability and accessibility.” Community Facilities: “To promote the maintenance, enhancement and development of community facilities and services that meet the needs of as many people as practicable in the most cost-effective way.” Recreation and Open Space: “To meet the recreational needs of all of the county’s residents in a way that fulfills community goals, maximizes accessibility, and minimizes public costs.” Historic and Cultural Resources: “To promote the historic and cultural heritage of Dutchess County and to reserve significant artifacts, records, landscapes, structures and sites.” Energy: “To promote conservation and the efficient use of existing energy supplies while encouraging the development and use of less polluting, less costly, and locally produced renewable energy resources.” Site Planning: “To achieve consistently high-quality site planning in Dutchess County in order to promote beauty, order and harmony, to ensure compatibility with surrounding land uses, and to provide a visual and natural environment that will encourage economic stability and growth.” The Town of Fishkill Comprehensive Plan advocates the concentration of development within defined or proposed utility service areas in an effort to help existing or proposed central sewage or water districts become more economically viable. In accordance with this recommendation, the design measures proposed in the Highland Valley layout encompass a plan for all proposed residences into a central sewage and water system. Furthermore, the preferred alternative for a water supply and sewage treatment system involves the connection to existing facilities. The Project Sponsor could develop an individual central water supply system for the project but has chosen to connect to the Village of Fishkill water supply system which is located on US Route 9 directly along the project frontage. Sanitary wastewater generated by these homes will be collected by gravity sewer mains and conveyed directly to an on-site sewer lift station. The pump station shall convey the site-generated wastewater to the existing force main located on the north end of the Dutchess Mall. In December of 2001, Dutchess County commissioned a task force to study current housing conditions in the county and to make recommendations with respect to encouraging more flexible and affordable housing options. Their report, entitled “Smart Growth Housing Task Force Report”, took an in-depth glance at the current conditions hindering the growth of smart housing in Dutchess County. The first recommendation made by the Task Force Highland Valley DEIS – Page 14
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Report was for local municipalities to modify current zoning regulations to promote more flexible housing options for both seniors and non-seniors. The Highland Valley project proposes 210 lots for manufactured housing which will serve the needs of first-time homeowners, workforce housing and senior citizens since the units are affordable when compared to the existing housing stock in the Town and Region. Overall, the proposed Highland Valley project is substantially consistent with local and regional comprehensive plans. It is intended to implement the land use strategies recommended by the Town of Fishkill Comprehensive Plan and the Dutchess County Comprehensive Plan. Therefore, there are no potential adverse impacts associated with Comprehensive Plan consistency.
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1.6 SIGNIFICANT ADVERSE IMPACTS
1.6.1 School-Aged Children
1.6.1.1 Potential Impacts The project site lies within the Haldane Central School District, which encompasses a portion of the Town of Fishkill. The District has an enrollment of 866 school children during the 2009-2010 school-year. It is anticipated that the Highland Valley project will impact the number of students attending that school. Two methodologies were used to estimate the number of public school-aged children (PSAC) that would be generated by the development of the Highland Valley project. The first methodology utilized a multiplier for PSAC for an average 3-bedroom mobile home (with a price greater than $66,000.00) of 0.67 PSAC per home for all of New York State. This multiplier is offered by Rutgers University’s Center for Urban Policy Research, June 2006. Using this multiplier, the Highland Valley project would generate 141 public school- aged children in the Haldane School District. This value appeared to be historically high for projects of a similar size and type in the immediate region. Therefore a second methodology was used which focused on the specific demographics of the Haldane School District instead of general multipliers which apply to the entire state of New York and may not be applicable. The second methodology compares the actual number of persons in the Haldane School District to the number of school children in the district. The total current population of the Haldane School District is approximately 7,5003 persons. The actual number of school children currently served by the District is 866. Therefore, using this information, the per capita multiplier for the Highland Valley project site is 0.116 total school-children per proposed unit. Assuming 10% of these school children attend parochial or private schools, the multiplier is reduced to 0.104. Therefore, it is anticipated that the Highland Valley project will generate approximately 24 school children to the Haldane School District. This equates to an increase of 2.8%4 of the school population based on 2009-2010 enrollment numbers.
1.6.1.2 Mitigation Measures There are two schools at the Haldane Campus. One building serves grades Kindergarten through 8th grade. The second building serves grades 9th through 12th grade. The capacity of the school has been stated between 900 and 950 students.5 Impacts to the Haldane Central School District will be mitigated by the fact that new residents will be added to the community gradually, as the proposed project will take place in phases over a period of approximately 5 years. The 2008 tax revenue generated from the Highland Valley project site was $25,607.34. It is projected, in section 1.5.2 of this document, that the Highland Valley project will contribute
3 Per a discussion with Jesse DesMarais, Tax Collector, Haldane Central School District, July 30, 2009 4 24 New Students ÷ 866 Current Enrollment 5 Per a meeting with Mr. Wayne Robinson, Director of Facilities Highland Valley DEIS – Page 16
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$230,650.63 to the school district. See the next section for further discussion of anticipated fiscal impacts on the Haldane School District.
1.6.2 Fiscal Impacts to the School District
1.6.2.1 Potential Impacts
1.6.2.1.1 Existing Tax Revenues Currently, the five project parcels are assessed at $1,865,100. Based on this assessment, the current school taxes for the property are $25,607.34 paid to the Haldane Central School District.
1.6.2.1.2 Projected Tax Revenues It was estimated the 210 proposed single-family mobile homes would be increase the assessment of the project property by $80,000 per unit6. The projected assessment for the project site will be $16,800,000. Therefore, the projected school tax revenue would be $230,650.63 for the Highland Valley project site.
1.6.2.1.3 Fiscal Impacts on Schools The School District budget for 2009-2010 totaled $20,688,7277 for the 2009-2010 school- year. The current enrollment is approximately 8668 students. As mentioned in §1.6.1 herein, the total population of the Haldane School District is approximately 7,5009 persons. Using the total population, the per capita multiplier for the Highland Valley project site is 0.116 school-children per proposed unit. Assuming 10% of these school children attend parochial or private schools, the multiplier is actually 0.104. Therefore, it is anticipated that the Highland Valley project will generate approximately 24 school children to the Haldane School District. This is felt to be within the realm of normal background growth for the Haldane School District. Based on a discussion with Mr. Wayne Robinson, Director of Facilities, at Haldane, the capacity of the school is between 900 and 950 students. Therefore, it is felt that the anticipated increase of 24 school children to the District would not surpass the threshold for a capital improvement project (i.e. school expansion or renovation). There are three components of the Haldane School District’s budget. There are “Capital”, “Administrative” and “Program” as depicted on figure 1.6.2.1.3. The “Capital” and “Administrative” cost components of the District budget shall be, for the most part, unaffected by the development of the Highland Valley project since these are fixed costs. The majority of the impact would be to the “Program” costs since they are costs relating to the number of students attending the schools in the District. If the current number of students is 866 in the District, the “Program” costs are $17,017.37 per student. Therefore, the additional 24 students would create a need for an additional
6 Per a discussion with Mr. Christian Harkins, Assessor for the Town of Fishkill 7 2009-2010 DRAFT School Budget, Haldane School District 8 Telephone interview with Linda Dearborn, Secretary to the Superintendent on January 20, 2009 9 Per a discussion with Jesse DesMarais, Tax Collector, Haldane Central School District, July 30, 2009 Highland Valley DEIS – Page 17
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$408,416.88 on the district. At build-out, the Highland Valley project will generate $205,052.29 of tax revenue to the Haldane School District. The net deficit is $203,364.5910 to the Haldane School District. Figure 1.6.2.1.3 – Haldane School District Budget Breakdown
10 This value does not take into consideration the State Aid component for each Student. Highland Valley DEIS – Page 18
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1.6.2.2 Mitigation Measures The project shall contribute $230,650.63 in tax revenue to the school district at complete build-out. If the mining operation at the site was to continue, the assessment of the property would further decrease. Impacts to the Haldane Central School District will be mitigated by the fact that new residents will be added to the community gradually, as the proposed project will take place in 3 phases over a period of approximately 5 years when assessments and school tax rates may be higher.
1.6.3 Soil and Geology
1.6.3.1 Potential Impacts The field mapping sheets prepared by the United States Department of Agriculture Soil Conservation Service11 were used to identify soil types found on the Highland Valley property. Information on the origin and characteristics of these soil types was derived from the Dutchess County Soil Survey.12 Although the data contained in the Dutchess County Soil Survey is the most accurate available source of information with regard to soil types and soil boundaries, the map units on the detailed soil maps represent an area on the landscape made up mostly of the soil or soils for which that unit is named.13 In addition, the smallest mapping unit is three acres and a given soil series as mapped may contain small inclusions of other soil types.
11United States Department of Agriculture Soil Conservation Service, West Point Quadrangle. 12Dutchess County Soil Survey, Dutchess County Soil and Water Conservation District, September 1991. 13Ibid. Highland Valley DEIS – Page 19
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Figure 1.6.3.1 – Soils Map (Not to Scale)
Soil Type Map Unit Nam Fr Fredon Silt Loam KrA Knickerbocker Fine Sandy Loam, nearly level KrD Knickerbocker Fine Sandy Loam, nearly level Ps Pits, gravel Wy Wayland Silt Loam
The proposed development will disturb 5 soil types. The largest single soil type that will be disturbed is the Pits, gravel (Ps). The majority of soil disturbance will be associated with the construction of the residential dwellings and roads. It is anticipated that there shall be no rock removal on the Highland Valley site. The site contains approximately 25.3 acres of “prime agricultural” soils (as identified in the “Dutchess County Soil Survey” on pages 9-16, right-most column; also refer to footnotes 2 and 5). Prime Farmland is defined by the U.S. Department of Agriculture as “…soils that are best suited for producing food, feed, forage, fiber, and oilseed crops…”14 These soils are
14 Dutchess County Soil Survey, DRAFT, September, 1991
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identified as Knickerbocker Fine Sandy loam (KrA & KrD). Of the approximately 25.3 acres of agricultural soils on the site, 100% of it has been disturbed in the central area of the development by the mining process. The area of disturbance will be converted to residential lots for manufactured homes.
1.6.3.1.1 Agricultural Soils Of the approximately 25.3 acres of agricultural soils on the project site, 100% of it will be disturbed. The remaining acreage is not prime agricultural soils and is not considered tillable. As such, development of this parcel does not deplete the current inventory of agricultural lands in the region. No additional mitigation measures are proposed.
1.6.3.1.2 Possible Blasting Although, blasting is not anticipated since the site is primarily a sand & gravel. However, if blasting is required, all operations will adhere to New York State ordinances governing the use of explosives. Proper program guidelines will be established between the State, the Town, and the blasting contractor prior to undertaking this activity. In addition to obtaining applicable blasting certifications and complying with all blast safety requirements, a blast monitoring program will be implemented.
1.6.3.2 Mitigation Measures When compared with the subaqueous mining alternative, the Highland Valley proposal will provide the greatest mitigation measure for soil and geology disturbance. The use of the cluster layout itself, which decreases disturbance due to construction of a compact roadway system draining to a series of stormwater control structures, will also provide mitigation measures. Grades on the internal roads will not exceed the Town requirement of 10 percent. The following section describes additional mitigation measures taken to reduce impacts. Impacts to soils and geology will be further minimized through erosion control measures and the establishment of BMPs as outlined in the March 10, 2003, Phase II Stormwater Regulations. Please refer to section 4.2.10.6 and 4.2.10.7 for a comprehensive list of proposed erosion control measures.
1.6.4 Surface and Groundwater Resources
1.6.4.1 Potential Impacts
1.6.4.1.1 Surface Water The Project Sponsor proposes to develop the site as a 210-unit residential project as an alternate to subaqueous mining for which the site is currently permitted. The development of the Highland Valley site will develop approximately 55.39 acres or 72.3% of the 76.63-acre site. Development of the project will create approximately 15.3 acres of new impervious areas including the construction of new roads, new homes, driveways, etc. The total area of impervious surfaces, i.e. roads, driveways and rooftops approaches approximately 19.9% of Highland Valley DEIS – Page 21
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the project area. Approximately 36.85 acres of new lawn area will be created as part of this project, equivalent to 48.1% of the project site. Approximately 24.48 acres, or 31.9%, will remain as open space. Out of the 24.48 acres of open space, 21.24 acres will remain as undeveloped. The remaining 3.24 acres will remain as open space areas in the development area. This new ground cover results from the conversion of approximately 5.5 acres of woods, approximately 1.2 acres of existing residential/industrial development and approximately 47.34 acres of the existing Southern Dutchess Sand & Gravel mine. The remaining 21.24 acres of the property will remain as open space along the Clove Creek corridor as part of the newly proposed “Highland Valley Park”. The pre-development drainage patterns, i.e. drainage basins and primary design points, remain the same after development. The majority of the runoff generated by the development of this site shall be discharged below grade into the subsoil. The layout has been designed to minimize disturbances to wetland areas and minimize indirect impacts associated with the development. As currently proposed, there are no impacts on wetlands. The Project Sponsor intends on utilizing on-site stormchambers on each proposed lot to intercept runoff from the roof leaders and driveways. The new lawn areas will serve as biofilter strips for runoff. This methodology for stormwater pollutant removal is accepted by the NYSDEC and is outlined in the New York State Guidelines for Urban Erosion and Sediment Control. The proposed project will not adversely impact the surface water.
1.6.4.1.2 Groundwater The Project Sponsor has reached an agreement with the Village of Fishkill with respect to a water supply for the proposed Highland Valley project. It is estimated that the project site will require an averaged daily flow of 49,35015 gallons of water per day. It is the intent of the Project Sponsor to install a sanitary sewer lift station that will discharge via a PVC force main to an existing pump station located on the Dutchess Mall property. Therefore, sewage disposal will not impact groundwater, the Clove Creek or the NYSDEC regulated wetlands areas. The design of the lift station and the force main shall be reviewed and approved by the Dutchess County Health Department.
1.6.4.2 Mitigation Measures The project is currently approved for subaqueous mining which would allow the mining of soil below the water table. The Project Sponsor is proposing the Highland Valley project as an alternate to subaqueous mining. This will eliminate any future mining below the water table. Furthermore, the site plan has been engineered using Best Management Practices which will mitigate post-development impacts upon existing surface water or groundwater.
15 210 units x 235 gallons per day per bedroom = 49,350 gallons per day
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There will be no floodway impacts as a result of this project, and therefore no floodplain mitigation is required.
1.6.5 Vegetation
1.6.5.1 Potential Impacts
1.6.5.1.1 Existing Conditions Ecological Solutions, LLC, has been retained to conduct a Natural Resources Survey & Wetlands Report. Ecological Solutions researched the current databases and made inquires with the NYSDEC with respect to endangered species known to be in the vicinity of the project site. The NYSDEC responded in a letter (see §1.6.6) that identified four rare species and ecological communities that may exist in the vicinity of the Highland Valley property. They include the Acidic Talus Slope Woodland, Appalachian Oak-Hickory Forest, Oak- Tulip Tree Forest and Red Cedar Rocky Summit. The Natural Heritage Program prepared a map identifying the location of the rare species and ecological communities. Refer to figure 1.6.5.1.1-1 on the following page. The areas identified in the NYSDEC letter are located to the west of the Highland Valley project site.
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Figure 1.6.5.1.1-1 – Map of Rare Species & Ecological Communities
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Vegetative surveys were conducted on the Highland Valley property to determine the different species on the site. Vegetative surveys of the property involved direct field identification of species that could be visually observed and identified. Vegetation was identified by flower type and floral structure, by type, and leaf shape and arrangement, in both flowering and non-flowering conditions. Individual specimens were identified by common name and scientific name (genus and species) and recorded. Unless noted, the Flora list contains species that were observed to be present on the site. The New York State Department of Environmental Conservation's (NYSDEC) publication “New York State Endangered, Threatened and Special Concern Species 1998”, was used as the definitive list for determining whether any plants observed on the study area would be considered Endangered or Threatened. The vegetation inventory positively identified many Flora species on the site, as outlined in the “Natural Resources Survey and Wetlands Report” in the appendices of this document. No threatened, or endangered plant species were identified on the site.
1.6.5.2 Mitigation Measures Areas proposed for re-landscaping after being disturbed by construction activities should have the soil scarified and aerated prior to hydroseeding. This would eliminate the effects of soil compaction and facilitate seed germination and seedling survival. Trees that are to remain and are located near construction activities would be protected from harm for both trunk and root systems by the erection of physical barriers, such as orange safety fencing, along the tree's drip line. The location of such fencing will be subject to examination by the Town Engineer or other agencies having jurisdiction. Trees and vegetation within the upland areas are potential habitat for existing wildlife. The project does not propose any formally protected open space areas. The greatest mitigation measure is the subdivision design itself, which conserves 24.48 acres (31.9%) of the project site as open space and minimizes the amount of landscaped lawn area on the site, when compared to the other development alternatives considered, thereby reducing impacts to the wetland and surrounding waterbodies. The proposed design will also conserve diversity along stream corridors, the wetland, and forested communities. This will provide vegetative and habitat buffers for wildlife along the Clove Creek Corridor. Vegetation removal in the proposed development area will be mitigated with landscaping around the proposed homes and roadways. A detailed landscaping plan will be finalized prior to final Site Plan approval. The plan will utilize a mixture of ornamental and native species, many of which provide wildlife value including food and nesting opportunities. Erosion and sediment controls will be utilized during construction activities until disturbed areas are fully developed or soils have been stabilized through vegetative plantings. These measures are discussed in Section 6.2.3, “Soils and Geologic Mitigation Measures,” and in subsequent subsections. Soil and Erosion Control Plans are presented, in the full size, in the appendices of this document. A Stormwater Pollution Prevention Plan (SWPPP) has been prepared for the project in accordance with the EPA Phase II Stormwater Regulations. This plan will ensure that stormwater control systems designed for the Highland Valley site will attenuate post-
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development peak rates of runoff (up to a 100-year design storm). The intent of the plan is to maintain all of the post-development runoff on-site using a series of subsurface discharge chambers. Water quality treatment shall be provided prior to discharge to subsurface chambers.
1.6.6 Fauna
1.6.6.1 Potential Impacts General impacts to fauna as a result of the proposed project may result from the removal of limited amount of remaining vegetation to the south of the mine floor, establishment of new vegetation types, and the loss of individual animal species during the land clearing and construction phases. Land clearing activities may cause more mobile species to relocate to other areas of the site, while less mobile species could move to areas on the site not affected by development. The proposed project will result in the loss of habitat primarily in common and abundant wildlife species such as white tail deer, gray squirrels, and cottontail rabbits, songbirds, etc. The limited amount of land clearing activities may impact wildlife species by the loss of nesting, breeding, and feeding areas. However the site is surrounded to the south, west and north by areas that will remain undeveloped. Ecological Solutions researched the current databases and made inquires with the NYSDEC with respect to endangered species known to be in the vicinity of the project site. The NYSDEC responded in a letter that identified four endangered species that may be in the vicinity of the property. They include the Indiana Bat, Bog Turtle, Eastern Timber Rattlesnake and the Bald Eagle. Ecological Solutions, LLC, also conducted a site survey in January of 2009 to investigate the presence of Indiana Bats, Bog Turtles, Eastern Timberlake Rattlesnakes and Bald Eagles. The following pages are the response from the NYSDEC in response to Ecological Solutions, LLC:
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1.6.6.1.1 Indiana Bats A large percentage of the property is gravel mine and the remaining undeveloped area is lightly wooded and contains distinct habitat types that can broadly be categorized as rich mesophytic forest, and forested wetland. The property has gentle to moderately steep slopes in the mixed upland forest areas. The forested portion of property contains some trees over 9” dbh that contain tight smooth bark and lack crevices, cavities or holes that are potential Indiana Bat roosting trees. No Indiana Bat roosting or maternal colony trees/habitat was observed on the property and no hibernacula are suspected on the property.
1.6.6.1.2 Bog Turtles The “waters of the United States” including wetland area and tributary (Clove Creek) on the property does not contain suitable hydrology or muck soils substrate often associated with Bog Turtle habitat such as open, early successional habitat, wet meadows or calcareous boggy areas generally dominated by sedges (Carex spp.) or sphagnum moss. Like other cold-blooded or ectothermic species, it requires habitats with a good deal of solar penetration for basking and nesting. Hydrology supporting the wetlands on the site is primarily periodic surface water inundation and overland flow that appears to fluctuate during each storm event. The fluctuating hydrology and lack of suitable mucky soils negates the potential for Bog Turtle habitat on the property.
1.6.6.1.3 Eastern Timber Rattlesnake The proposed project is sited in the existing gravel mine which is fully exposed to sunlight with no existing cover in this area. Generally this species will avoid long hours of direct exposed sunlight since it is a reptile and cannot regulate its body temperature when constantly exposed to this type of condition. The gravel mine is not timber rattlesnake habitat and it is doubtful that individuals would be found migrating or otherwise using this area as habitat.
1.6.6.1.4 Bald Eagle The habitat characteristics of the property are unfavorable to bald eagles with no nesting trees observed on the property. The proximity of the mine and the road traffic along this busy road and the lack of large substantial trees in or immediately adjacent to the project area renders the project area unsuitable for nesting eagles. Transient individuals may soar over the project area since there are several lakes in the area but no existing nesting opportunities were observed in or adjacent to the project area.
1.6.6.2 Mitigation Measures The greatest mitigation measure for wildlife impacts generated by proposed development the protection of the adjacent areas of the Clove Creek and the area to the south of the site that will remain undeveloped.
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The design will conserve 21.24 acres of open space along the Clove Creek that will provide vegetative buffer areas for wildlife from the development. All of the site wetlands and the 100’ adjacent along the Clove Creek and areas to the south of the site will be protected. Out of the 76.63 acres of the project acreage, 21.24 acres will remain undeveloped. Part of this includes the Federal, State and Local wetlands and their associated 100’ adjacent areas. Mitigating measures to help reduce excess nutrients and pollutants into the waterbodies include the Best Management Practices (BMPs) and erosion control measures. No further mitigation is necessary.
1.6.7 Cultural Resources
1.6.7.1 Potential Impacts A report was prepared based on a site visit conducted on the Highland Valley site on July 23, 2009, by Hartgen Archeological Associates, Inc., of Renssalaer, New York. The report states that the project site “…has been extensively impacted by previous gravel mining activities...” The recommendations of the report state that “…no further archeological investigation is warranted for the parcel…”
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Figure 1.8.5.1.5-1 – Hartgen Letter
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1.6.7.2 Mitigation Measures No further mitigation is required.
1.6.8 Transportation
1.6.8.1 Potential Impacts The proposed development of the Highland Valley project, and other proposed local developments will generate increased traffic on US Route 9 and other local secondary roads. In order to estimate the amount of traffic to be generated by the proposed Highland Valley development, Hourly Trip Generation Rates and anticipated site generated traffic volumes were developed based on information contained in the Institute of Transportation Engineers (ITE) “Trip Generation” Handbook, 7th Edition, 2003. The following intersections were studied as part of this report: 1. U.S. Route 9 and Merritt Boulevard 2. U.S. Route 9 and Schuyler Boulevard/Westage Business Center 3. U.S. Route 9 and I-84 (WB on Ramp)/Hotel Driveway 4. U.S. Route 9 and I-84 (WB off Ramp) 5. U.S. Route 9 and I-84 (EB on/off Ramp) 6. U.S. Route 9 and Snook Road/I-84 (EB off Ramp) 7. U.S. Route 9 and Van Wyck Lake Road/Dutchess Mall North Driveway 8. U.S. Route 9 and Dutchess Mall (Center Driveway) 9. U.S. Route 9 and Dutchess Mall (South Driveway) 10. U.S. Route 9 and Thalle Driveway
This information is detailed in the Traffic Impact Study prepared by John Collins Engineering, PC, dated February 3, 2009, and is included in the appendices of this document. It should be noted that the study utilizes 230 units based on preliminary layouts. Therefore, the report is slightly conservative.
1.6.8.1.1 Traffic Impacts due to Background Growth In order to determine impacts generated by background growth only, future developments have been considered in the vicinity of this site that would affect the intersections studied in the traffic report. These areas of development include the Dutchess Mall re-development and Manor Estates, Jackson Manor/Village Square and the Via Nove redevelopment, the last three of which are located in the Village of Fishkill. The traffic generated from these developments is considered background growth.
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1.6.8.1.2 Cumulative Traffic Impacts In order to demonstrate the cumulative traffic impacts to the roadway network in the vicinity of the Highland Valley project, it was necessary to add site-generated traffic impacts to the background growth traffic impacts. Site generated traffic volumes for the proposed developments were assigned to the roadway network based on the arrival and departure distributions. Based on results of the field inspections and the results of the capacity analysis contained in the appendices of this document, certain signal improvements will be required to help improve traffic flow and to accommodate the additional traffic generated by the proposed development. These should be addressed regardless of the proposed development and will have to be coordinated with the New York State Department of Transportation. It should also be noted that Highway Work Permits will have to be obtained from the New York State Department of Transportation for the driveway reconstruction and other work within the State Right-of-Way. The resulting site-generated traffic volumes are shown in the Traffic Impact Study in the appendices of this document.
1.6.8.2 Mitigation Measures As a mitigating measure, the Highland Valley project site is currently permitted as a soil mine using subaqueous technology which will extend the life of the existing mine for many years. The Project Sponsor has proposed the Highland Valley project as an alternative to the soil mine. At certain times of the year and under certain supply requirements, the mine can generate truck traffic of approximately 30 trucks per hour. The distribution is approximately 50% north and 50% south. Obviously, the existing soil mining traffic which currently exists will not be a factor when the Highland Valley project is developed. Furthermore, the signal modifications as outlined in the Collins Traffic Study will help alleviate some of the traffic congestion which currently exists along US Route 9 in the area of the study.
1.6.9 Land Use and Zoning
1.6.9.1 Potential Impacts The Project Sponsor is proposing a 210-unit single-family residential proposal with a proposed density based upon changing the current zoning of the property from GB & R-40 to the RMF-5 zoning designation. The current Zoning Code allows for the development of a Mobile Home Park in any residential zone. The proposed development will address market demand for a wide variety of single-family housing in the Town while providing open space and recreation which is accessible by the Town of Fishkill Residents. As such, the proposed development is consistent not only with the pertinent goals and objectives for residential development and open space preservation set forth in the Town’s Comprehensive Plan but also with the County’s goals.
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The project is located in proximity to the Fishkill Ridge and the Appalachian Trail. The project has access to the Town of Fishkill Recreation Center located on NYS Route 52 near the Town Hall and other parks in the Town.
1.6.9.2 Mitigation Measures The proposed zoning change and development of the Highland Valley project is consistent with the Town of Fishkill and the Dutchess County Comprehensive Plans with respect to the use of preservation of open space. These plans also encourage developers to consider certain community benefits or amenities, such as parks, open space, active and passive recreational opportunities. The proposed project will provide 21.24 acres and 3.24 acres of undeveloped open space areas and new open space areas, respectively that will be owned and maintained by the Project Sponsor. Out of the 24.48 acres of open space, 21.24 acres will remain undisturbed and protected as part of the proposed “Highland Valley Park”. No further mitigation measures beyond those described above are proposed.
1.6.10 Consistency with Comprehensive Plans
1.6.10.1 Potential Impacts The proposed subdivision is consistent with local and regional comprehensive plans. It is intended to implement the land use strategies recommended by the Draft Town of Fishkill Comprehensive Plan and the Dutchess County Comprehensive Plan.
1.6.10.2 Mitigation Measures The Highland Valley project is a mitigative design measure as allowed by the Town of Fishkill Zoning Code, as it conserves a total of 24.28 acres of open space. The proposed Highland Valley project utilizes a multi-generational neighborhood design. The project also provides for a diverse housing stock which serves as affordable housing, workforce housing, senior housing as well as first-time homebuyers as outlined in both the Town of Fishkill Comprehensive Plan and the Dutchess County Comprehensive Plans. Refer to table 1.6.10.2-1 for a comparative impact analysis of the various development options for the project.
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Table 1.6.10.2-1 - Comparative Impact Analysis
Conventional Resource No-Build 210-Units Subdivision Natural Resources Impervious Surfaces, Ac. 0.02 15.3 19.416 Impact on Wetlands, Ac. 0.0 0.0 0.0 Impact to Woods, Ac. 0.0 5.5 0.0 Preserved Open Space, Ac. 0.0 24.28 0.0 Community Resources Population 417 56018 10019 Peak Trips Generated (trips/hour) 2 Entry: 40 Exit: 121 Entry: 93 Exit: 35 Peak AM Hour Peak Trips Generated (trips/hour) 2 Entry: 132 Exit: 78 Entry: 40 Exit: 90 Peak PM Hour Water Demand & Sewage 39020 49,35021 20,44022 GPD (Average Daily Flow) Water Demand & Sewage Flow, Not 171 71 GPM (Peak Flow) 23 Applicable Fiscal Resources Total Tax Revenue $34,595.45 $308,893.25 $216,960.74 Town - 8.78% $3,010.78 $27,119.82 $19,048.45 County - 13.82% $4,739.13 $42,687.98 $29,983.22 HCSD - 74.67% $25,607.34 $230,659.63 $162,010.93 Fire District - 2.42% $829.69 $7,473.50 $5,249.24 Ambulance - 0.31% $105.73 $952.32 $668.89 Library - 0.88% $302.78 $2,727.33 $1,915.62 WCSD Fiscal Resources Tax Revenues to HCSD $25,607.34 $230,659.63 $162,010.93 School-age Children 124 24 325 Fiscal Impact to HCSD26 $19,062.45 $408,416.88 $51,052.11 Net Tax Revenue to HCSD $6,544.89 -$203,364.59 $110,958.82
16 Based on the maximum coverage allowed by the Zoning Code for residential and commercial components. 17 Average Household Size =3.67 persons per household - From the Rutgers University, Center for Urban Policy Research for New York State, June 2006, for single family homes. 18 Average Household Size = 2.67 persons per household – Rugers University, Center for Urban Policy Research for New York State, June 2006, for Mobile Homes, 3BR, price greater than $66,000 in value. 19Source: Rutgers University, Center for Urban Policy Research for New York State, June 2006 20 (1)3-bedroom home x 130 gallons per day per bedroom. 21 210 units x 235 gallons per day per unit = 49,350 gallons per day 22 Based on 5-bedroom homes and 90,000 square feet of potential commercial buildings. 23 Average Daily Flow x a peaking factor of 5. 24 Source: Rutgers University, Center for Urban Policy Research for New York State, June 2006 25 Using the 0.104 multiplier described in Section 1.6.1.1. 26 Cost per student = $17,017.37 (see Section 1.6.2.1.3) Highland Valley DEIS – Page 40
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1.6.11 Community Services – Police Services
1.6.11.1 Potential Impacts The Highland Valley development is projected to increase the existing population of the Town of Fishkill by approximately 560 persons when fully occupied. This is based on a multiplier of 2.67 persons per household taken from the U.S. Census Bureau for New York State and Rutgers University, Center for Urban Policy Research. While an increase in demand may be placed on police services, the proposed project is similar to the surrounding land uses and is unlikely to generate unique or unusual public safety considerations above normal background growth.
1.6.11.2 Mitigation Measures Despite the possibility of an increased demand on police services, the increased tax revenue generated by the project will help offset additional costs. Based on projected tax rates, the proposed development is expected to provide $42,687.98 and $27,119.82 in revenue to Dutchess County and the Town of Fishkill27, respectively.
1.6.12 Community Services – Fire and Emergency Medical Services The Town of Fishkill is served by several firehouses throughout the Town. The project is located in the Rombout Fire District. There are two fire stations in the Rombout District. Currently the District has 3 engine trucks, a ladder truck, a rescue truck, a utility truck, a fire police van, a rescue boat, a hazmat trailer and various light vehicles for the chiefs.
1.6.12.1 Potential Impacts As mentioned earlier, the proposed development is expected to generate approximately 56028 new residents in the Town of Fishkill. As this residential development is similar to existing land uses in the area, it is unlikely that The Highland Valley project will create unique or unusual public safety considerations above that which can be expected for background growth.
1.6.12.2 Mitigation Measures To assist the Fishkill Fire District with fire protection, the Project Sponsor will extend water lines throughout the site. The water lines will be capable of providing for domestic water use and fire protection meeting ISO standards. Water shall be provided to the site to meet the daily domestic water and fire fighting demands meeting ISO standards. The primary water source for fire fighting purposes will be fire hydrants installed no more than 500 feet apart as part of the water distribution system. Despite the increased population generated by the proposed development, the increased annual tax revenue generated by the project, coupled with the potential for new volunteers, is expected to offset any impacts the project may have on the Fire District. Based on projected
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tax rates, the proposed development is expected to provide an additional $7,473.50 in revenue to Town of Fishkill Fire District29. It is possible that some new residents from the development will volunteer for the Fishkill Fire District, thereby providing additional support for Fire and EMS services to all residents of the Town. The proposed project is not anticipated to have a significant impact on the Fire District, or on the Fire or EMS protection services offered to the residents of the Town of Fishkill. Therefore, no further mitigation measures are proposed. See also section 1.8.10.2.
1.6.13 Community Services – Recreational Facilities The Town of Fishkill has many recreation facilities in the Town. The site is located near the Appalachian Trail and the Fishkill Ridge. The Town also has a new multi-use recreational facility located on NYS Route 52 near the Town of Fishkill Town Hall. There are a number of public parks in the Town of Fishkill. They are as follows: • Doug Phillips Park - Route 82 • Friendly Paws Dog Park - at Doug Phillips • Dutchess Park Lake - Westview Drive • Jean Van Pelt - Washington Ave • Maurer-Geering Park - Geering Way • Dutchess Junction Park - Route 9D • Shepherd Memorial Park - Route 82 • Camp Foster - Castle Point Road, Route 9D
1.6.13.1 Potential Impacts It is estimated that the proposed subdivision will introduce 56030 new residents to the Town of Fishkill. This will place additional demands on local recreational facilities.
1.6.13.2 Mitigation Measures The Project Sponsor is proposing to provide a 21.24-acre recreational corridor along the Clove Creek. This area will be accessible by residents of the Highland Valley project. A parking area is provided at the northerly entrance road of the project for local residents to park to utilize the recreational corridor. No further mitigation measures are necessary.
29 Refer to Table 1.6.10.2 -1 of this document. 30Rutgers University, Center for Urban Policy Research from June 2006 Highland Valley DEIS – Page 42
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1.6.14 Community Services – General Government
1.6.14.1 Potential Impacts As a result of the proposed project, the population of Fishkill is expected to increase by approximately 56031 persons over a period of approximately 5 years. These new residents may increase the demand for municipal services such as road maintenance, recreational needs, and animal control. In addition, it is likely that the need for services such as tax collection and permits will also slightly increase.
1.6.14.2 Mitigation Measures The project will not impose any fiscal impacts on the Town of Fishkill Highway Department as the proposed 10,240 lineal feet of roadway will be privately owned and maintained. In addition, the proposed project is estimated to generate $27,119.8232 per year in annual tax revenue to the Town of Fishkill, which will help defray the cost of any additional services required by new residents.
1.6.15 Utilities –Water
1.6.15.1 Potential Impacts
1.6.15.1.1 Average Daily Water Demand The project will utilize a central water supply system to service the proposed 210 dwelling units. The average daily demand for the project has been determined to be approximately 49,350 gallons per day. This equates to 34.3 gallons per minute. The following table outlines water demand estimates for the project: Table 1.6.15.1.1-1 - Water Demand Estimate
Total Number GPD Per Type of Units Average of Units Unit (GPD) 210 Single-Family 235* 49,350 Total Project Water Usage 49,350 *Per the NYSDEC recommendations
No permanent lawn sprinklers will be allowed.
31Refer to Table 1.6.10.2-1 of this document. 32Refer to Table 1.6.10.2-1 of this document. Highland Valley DEIS – Page 43
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1.6.15.2 Mitigation Measures The water supply for the Highland valley project will be supplied by the Village of Fishkill. It is estimated that the project site will require an averaged daily flow of 49,35033 gallons of water per day. Any water supply option for the project will be reviewed the agencies having jurisdiction such as the NYSDEC, NYS Department of Health and the Dutchess County Health Department. The Project Sponsor will establish a water transportation company to maintain the distribution system throughout the Highland Valley project site.
1.6.16 Utilities – Wastewater
1.6.16.1 Potential Impacts The project will contain a gravity sewer main system with manholes placed at roadway intersections and wherever required. Sewage lift stations will be provided, where necessary, to deliver sanitary wastewater from lower areas to the gravity system. The gravity sewer collection system will discharge to a large sewage lift station that will convey the wastewater from the Highland Valley project to the existing force main located on US Route 9 near the north end of the Dutchess Mall. The wastewater shall be further conveyed to the existing lift station under the Wappinger Creek on the east side of US Route 9 and on to the wastewater treatment plant in the City of Beacon. The treated effluent will be discharged into the Hudson River in accordance with the NYSDEC SPDES permit.
1.6.16.2 Mitigation Measures The wastewater from the proposed project site will be treated in a municipal wastewater treatment plant which is closely regulated by the NYSDEC to meet the effluent limitations required by the SPDES permit. Wastewater flow volume will be mitigated through the use of water saving devices throughout the facility. The project will also provide a sanitary sewer line along US Route 9 that currently does not exist. This new sanitary sewer line will allow landowners along the US Route 9 corridor to develop their properties and to increase the commercial and residential tax revenues for the Town of Fishkill, Dutchess County and the School Districts.
1.6.17 Solid Waste
1.6.17.1 Potential Impacts The NYSDEC34 estimates that residential solid waste production is approximately 2.4 pounds per person per day. Based on this figure, it is estimated that The Highland Valley
33 235 gallons per day per unit x 210 units = 49,350 gallons per day
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development will generate approximately 9,40835 pounds of solid waste per week, or approximately 18.8 tons per month. Residents of the Town of Fishkill can contract with a private sanitation company and purchase service for $29.25/month36.
1.6.17.2 Mitigation Measures According to the Town Clerk’s office, the majority of residents and businesses in Fishkill utilize a private sanitation company for solid waste removal. Likewise, all of the residents of the proposed Highland Valley development will utilize a private sanitation company to meet their solid waste removal needs. According to Royal Carting Service, one local service provider, adequate capacity exists for picking up and processing the additional solid waste that will be produced by the proposed development. Therefore, no further mitigation measures are necessary. 1.7 INVOLVED & INTERESTED AGENCIES
1.7.1 Involved Agencies In addition to the Lead Agency’s responsibility for issuing Site Plan and Subdivision Approval, the following Agencies have been identified as responsible for issuing permits, approvals, and authorizations relative to the proposed project. Town of Fishkill Town Board 807 Route 52 Fishkill, New York 12524
Zone Change Authorization of Sewer and Water Transportation Corporations Sewer Rates
Town of Fishkill Planning Board 807 Route 52 Fishkill, New York 12524
Site Plan Approval Floodplain Development Permit SEQRA Related Documents
New York State Department of Environmental Conservation Region 3 Office 21 South Putt Corners Road New Paltz, NY 12561
34 William R. Troutman Associates. 1972. NYSDEC Comprehensive Solid Waste Study: Dutchess County. Final Report (CSWP-21). William R. Troutman Associates, Poughkeepsie, NY. 35 2.4 pounds per person x 560 persons x 7days 36 Conversation with Royal Carting Service, July 29, 2009 Highland Valley DEIS – Page 45
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State Pollution Discharge Elimination System (SPDES) Permit for Sanitary Disposal and Stormwater Discharges Water Supply Approval Permit
New York State Department of Transportation 4 Burnett Boulevard Poughkeepsie, New York 12603
Proposed Entrances onto US Route 9 Utility Work adjacent to and in the US Route 9 R.O.W.
New York State Health Department Bureau of Water Supply Protection Flanigan Square, 547 River Street Troy, NY 12180-2216
Approval of Plans for Public Water Supply & Sewer Improvements Water Quality and Treatment
New York State Department of Public Service 3 Empire State Plaza Albany, New York 12223-1350
Approval of Water Rates.
New York Secretary of State New York State Department of State 41 State Street Albany, New York 12207
Authorization for Transportation Corporation
Dutchess County Department of Health 387 Main Street Poughkeepsie, NY 12601
Water Distribution System Water Treatment Plant Wastewater Collection and Transmission Lines
1.7.2 List of Interested Agencies and Parties The following Agencies have been identified as responsible for reviewing and commenting on all or a portion of the proposed project:
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Rombout Fire District Cedar Hill Road Fishkill, New York 12524
Environmental Advisory Board 807 Route 52 Fishkill, New York 12524
Dutchess County Planning Department 27 High Street Poughkeepsie, New York 12601
New York State Department of Environmental Conservation Division of Regulatory Affairs 625 Broadway Albany, New York 12233
New York State Department of Environmental Conservation Central Office, Commissioner of NYSDEC 625 Broadway Albany, New York 12233-0001
New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau Peebles Island/PO Box 189 Waterford, New York 12188-0189
United States Army Corp. of Engineers Room 1937 26 Federal Plaza New York, New York 10278-0090
Robyn Niver U.S. Department of Fish and Wildlife 3817 Luker Road Cortland, New York 13045
1.8 POTENTIAL CONTROVERSY Some of the controversial issues with this proposed subdivision may include the following:
Cumulative impacts caused by other developments may become a controversial issue with this project. This project, like other projects, will generate school-aged children, additional traffic volumes and other town wide growth concerns.
Access onto US Route 9 may become controversial with this project. Highland Valley DEIS – Page 47
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Recreation may become a controversial issue with this project.
School-aged Children and the fiscal impacts on the schools may become a controversial issue with this project like many other projects that generate school- aged children.
1.9 CUMULATIVE IMPACTS Cumulative impacts were analyzed for areas within a ½ mile of the project site. Refer to Figure 1.9-1. At this time there are no other projects being considered or are under development in the Town of Fishkill that are within a ½ mile of the site. Development of the Highland Valley property in conjunction with other developments in Town may create cumulative impacts in the immediate area and throughout the Town. Proper site design will minimize many of these impacts. Full development of the Highland Valley project will create 210 new residential units. The residential portion of the project would increase population in the Town of Fishkill by approximately 56037 residents or 2.72% (560 new residents/20,570 projected residents38). No further development of the site can take place.
37 Rutgers University, Center for Urban Policy Research, June 2006. 38Dutchess County Census projections for July, 2015, for the Town of Fishkill Highland Valley DEIS – Page 48
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Figure 1.9-1 – ½ Mile Radius Map
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At this time there are other projects at various stages of development in the Town of Fishkill. These projects are:
Westage Property Dutchess Mall Property Merritt Park Property Development of the Highland Valley property in conjunction with other developments in Town may create cumulative impacts in the immediate area and throughout the Town. Proper site design will minimize many of these impacts. Full development of the Highland Valley project will create 210 new residential lots. The residential portion of the project would increase population in the Town of Fishkill by approximately 56039 residents or 2.72% (560 new residents/20,570 projected residents). No further development of the site can take place.
1.9.1 Traffic Future developments have been considered in vicinity of this site which would affect intersections in the vicinity of the Highland Valley project. Other specific planned area development traffic volumes were also added to the roadway system and included the Dutchess Mall re-development and Manor Estates, Jackson Manor/Village Square and the Via Nove redevelopment, the last three of which are located in the Village of Fishkill. Utilizing traffic studies previously prepared for these developments and the ITE Trip Generation Manual, volumes were projected and overlaid on the existing roadway network. See the traffic study in the appendices of this document. Intersection Capacity Analyses were computed in accordance with the previously stated methodologies presented in the 2000 Highway Capacity Manual. The capacity analyses are included within the traffic study prepared by John Collins Engineers, PC (See the Traffic Impact Study in the appendices of this document). A summary of the “Existing”, the “No- Build” and the “Build” intersection capacity analyses can be seen Section 1.6.8 and in the Traffic Impact Study in the appendices of this document. The analyses indicate acceptable Levels-of-Service will remain and no significant delays or changes in levels of service will occur due to the proposed Highland Valley development at full build-out. However, the report indicates that certain traffic signal improvements will be required to help improve traffic flow and to accommodate the additional traffic generated by the proposed Highland Valley development. The report continues to recommend that these improvements should be made regardless of the proposed development.
1.9.2 Recreation The project will involve the creation of 210 residential lots. The project will provide on-site recreation in accordance with the Town of Fishkill Zoning Code for the Mobile Home Parks. Furthermore, the Project Sponsor is proposing a 21.24-
39 U.S. Census information for the State of New York.. Highland Valley DEIS – Page 50
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acre recreational corridor along the east bank of the Clove Creek. This area will be made available to the residents of the Highland Valley project.
1.9.3 Zoning The cumulative impacts with respect to Zoning are minimal since there are no other projects within ½ mile of the site (See figure 1.9-1). The Highland Valley project is consistent with the current Master Plan in the Town of Fishkill.
1.9.4 School-Aged Children The project site lies within the Haldane Central School District, which encompasses a portion of the Town of Fishkill. The District has an enrollment of 866 school children during the 2009-2010 school-year. It is anticipated that the Highland Valley project will impact the number of students attending that school. Two methodologies were used to estimate the number of public school-aged children (PSAC) that would be generated by the development of the Highland Valley project. The first methodology utilized a multiplier for PSAC for an average 3-bedroom mobile home (with a price greater than $66,000.00) of 0.67 PSAC per home for all of New York State. This multiplier is offered by Rutgers University’s Center for Urban Policy Research, June 2006. Using this multiplier, the Highland Valley project would generate 141 public school- aged children in the Haldane School District. This value appeared to be historically high for projects of a similar size and type in the immediate region. Therefore a second methodology was used which focused on the specific demographics of the Haldane School District instead of general multipliers which apply to the entire state of New York. The second methodology compares the actual number of persons in the Haldane School District to the number of school children in the district. The total current population of the Haldane School District is approximately 7,50040 persons. The actual number of school children currently served by the District is 866. Therefore, using this information, the per capita multiplier for the Highland Valley project site is 0.116 total school-children per proposed unit. Assuming 10% of these school children attend parochial or private schools, the multiplier is reduced to 0.104. Therefore, it is anticipated that the Highland Valley project will generate approximately 24 school children to the Haldane School District. This equates to an increase of 2.8%41 of the school population based on 2009-2010 enrollment numbers.
1.10 PROJECT ALTERNATIVES As required by the New York State Environmental Quality Review Act (SEQRA), the Project Sponsor analyzed 3 different alternatives to the proposed action that include: • No-Build • A conventional subdivision, and
40 Per a discussion with Jesse DesMarais, Tax Collector, Haldane Central School District, July 30, 2009 41 24 New Students ÷ 866 Current Enrollment Highland Valley DEIS – Page 51
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• A clustered manufactured home community known as the Highland Valley project conforming to §106 the Town of Fishkill Zoning Code requirements for Mobile Home Parks.
1.10.1 No-Build Alternative The “No-Build” alternative is the scenario that would occur if no development were to take place on this site. Without development of the site as a residential development, the Project Sponsor would continue mining activities at the site as currently permitted. This alternative is not consistent with the objectives of the Comprehensive Plan for the Town and neighboring property owners. Under the “No Build Alternative” there would be:
No additional affordable housing options in the Town of Fishkill. No water or sewer facilities. No increase in vehicular traffic. No increased tax revenues to the Town, County, or State. No local economic activity resulting from the construction of the project and the on-going needs of the new residents. No increase in lighting or noise emitted from the project site. No change in existing stormwater patterns. No increase in the amount of solid waste to be disposed of in landfills or recyclable material to be reclaimed. No increases in the use of domestic energies. No impact on the Haldane School District. No increase tax revenues for the Haldane School District.
1.10.2 Conventional Subdivision A conventional subdivision will yield 22 single-family residences and two commercial lots. The configuration of the single-family homes in the conventional layout will occupy the majority of the site. The conventional layout requires more clearing and site disturbance than would be expected with the Highland Valley project. Wooded areas, wetland buffers and steep slopes will be disturbed and no land will be developed for recreational purposes. Total disturbance for the conventional alternative would be greater than the proposed action. With this alternative, the Town’s goal of increasing open space and recreational opportunities would not be realized. Under the “Conventional Subdivision Alternative” there would be:
No Additional affordable housing options in the Town of Fishkill. No central water or sewer facilities. Increased regrading. Decreased additional revenue generated to the Town, County, or State. Decreased local economic activity resulting from the construction of the subdivision and the on-going needs of the new residents. Increase in lighting or noise emitted from the project site. Alteration of the existing view shed. Changes in existing stormwater patterns. Increase in the amount of solid waste to be disposed of in landfills or recyclable material to be reclaimed. Highland Valley DEIS – Page 52
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Increases in the use of domestic energies. Impacts on the Haldane School District. Elimination of the current mining activities. Elimination of the truck traffic generated by the current mining activities.
1.10.3 Clustered Manufactured Housing Alternative The cluster manufactured housing alternative would generate 210 lots based on the current zoning code for RMF-5 zoning. The clustered option would provide areas that would be dedicated as open space throughout the project site. This Project Sponsor is proposing to this alternative in order to preserve open space. As mentioned earlier herein, this project will utilize central water and sewer facilities. Section 106 of the Town of Fishkill Zoning Code states that the minimum buildable area for a lot in this development alternative must be 7,500 square feet in size. Under this development alternative there would be:
Open space areas per the Town’s goals. Additional affordable housing options in the Town of Fishkill. Central water and sewer facilities. Additional recreational area for the residents of the Town of Fishkill Increases in vehicular traffic. Additional revenue generated to the Town, County, or State. Local economic activity resulting from the construction of the subdivision and the on-going needs of the new residents. Increases in lighting or noise emitted from the project site. Alteration of the existing view shed. Change in existing stormwater patterns. Increase in the amount of solid waste to be disposed of in landfills or recyclable material to be reclaimed. Increases in the use of domestic energies. Elimination of the existing mining activity. Elimination of the truck traffic generated by the current mining activities.
1.10.3.1 Alternative Water and Sewer Service The Project Sponsor has various options available with respect to water and sewerage services for the project.
1.10.3.1.1 Connection to the Village of Fishkill Water Supply The Project Sponsor’s preferred alternative for water supply would be to connect to the Village of Fishkill’s water supply since the Village’s water main runs along the frontage of the property along US Route 9. As indicated earlier herein, the project will require 49,350 gallons per day. The peak rate is estimated at approximately 171 gallons per minute using a peaking factor of 5. The Village has expressed a verbal acceptance of this alternative with the Project Sponsor in exchange for a new tank site located on the Sour Mountain property, Highland Valley DEIS – Page 53
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also owned by the Applicant, which located immediately north of the Highland Valley site. A formal agreement is pending between the Project Sponsor and the Village.
1.10.3.1.2 Community Water Supply System Due to the good quality sand and gravel underlying the area, the Project Sponsor has an option of utilizing a community water supply to the serve the project site with water. If the Project Sponsor opts for a community water supply system, gravel production wells will be developed to serve the needs of the Highland Valley project site. This option would also require the installation of a water storage tank and a water treatment and pump facility. The Project Sponsor would be required to file a Water Supply Application (WSA) with the NYSDEC for purposes of taking water from the aquifer. The Project Sponsor will also be required to obtain approvals from the New York State Department of Health, the Dutchess County Department of Health and possibly the Town Board and the New York State Department of Public Service. The NYS Department of Public Service would be involved in setting the water rates if the Project Sponsor was to establish a Water Transportation Corporation. The Town of Fishkill Town Board would have to approve, by Resolution, the establishment of the Transportation Corporation. Since the project included enough units to make it economically feasible to support a community water supply system, and the on-site wells were shown to provide an adequate source of water, this alternative would be a viable source of water for the Highland Valley project.
1.10.3.1.3 Community Water Supply Dedicated to the Town of Fishkill In the event that the Project Sponsor opted for the community water supply system as discussed in the previous section, there may be excess water that can be conveyed to the Town of Fishkill. Or there if the water source was large enough to serve the current and future needs of the Town of Fishkill, the Project Sponsor could offer the water supply system to the Town of Fishkill. An inter-municipal agreement might have to be reached between the Town of Fishkill and the Village of Fishkill so that the existing water line in front of the project site (owned by the Village of Fishkill) can be utilized by the Town of Fishkill.
1.10.3.1.4 Transportation Corporation In the event that the Project Sponsor opted for a community water supply system which was to remain private, The Town of Fishkill Town Board may have to establish a water transportation corporation prior to the project being providing water. This would be required if the water supply parcel was owned by a different entity than the project owner. Once the transportation corporation is established, the owner of the water company would have to file a tariff with the New York State Department of Public Service to establish water rates.
1.10.3.1.5 Alternative Sewage System The preferred alternate for sewage disposal for this project is to convey the domestic sewage from the site, via a sanitary lift station and force main, to the existing force main located in Highland Valley DEIS – Page 54
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front of the Dutchess Mall. The sewage would be conveyed to the City of Beacon wastewater treatment plant. As an alternative to installing a sanitary lift station, the Project Sponsor can seek a permit to install an individual wastewater treatment plant. The proposed wastewater treatment plant will be designed to treat approximately 49,350 gallons per day. This number is based on the average daily flow outlined earlier herein. The proposed sewage plant will be designed as a modular plant with expansion capabilities. The plant will discharge directly to the Clove Creek near the south end of the project site. The construction of the wastewater treatment plant design would require a SPDES discharge permit from the NYSDEC. A sewage transportation corporation would have to be established by the Town of Fishkill Town Board. The rates for the sewage treatment plant would be approved by the Town Board. It is estimated that the sewage treatment plant would cost approximately $1.2 million dollars, based on a figure of $30 per gallon of treated effluent. The collection system for this alternative would be the same as that described for the preferred alternative.
2.0 DESCRIPTION OF SITE SPECIFIC ACTION 2.1 INTRODUCTION
2.1.1 Description of Parcel The subject properties, hereinafter referred as the project site (tax map numbers 133809- 6154-00-780423, 723454 782532 & 846575) contain collectively approximately 76.63 acres. It is located along the west side of US Route 9 approximately 3 miles south of the Village of Fishkill as the crow flies (See Figure 1.4-1 “Site Map”, Figures 1.4-2 “USGS Map” and Figures 1.4-3 “Regional Map”). The Project Sponsor, Walloon Trust, located on Elm Street in the Village of Fishkill, is the current owner of the project site. The parcels are currently zoned GB/R-4. The proposed “Highland Valley” Action is a proposal to develop the 76.63-acre parcel into a manufactured housing community having a maximum unit count of 210 plots, recreation areas and private roadways and other appurtenances as required under the RMF-5 zoning and Chapter 106 of the Town of Fishkill Zoning Code entitled “Mobile Home Parks”. Refer to the Site Plan located in the appendices of this document. See Figure 2.1-1 “Site Map”, Figures 2.1-2 “USGS Map” and Figures 2.1-3 “Town Area Map”.
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Figure 2.1.1-1 – Site Map (Not to Scale)
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Figure 2.1.1-2 – USGS Map (Not to Scale)
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Figure 2.1.1-3 – Town Area Map (Not to Scale)
2.1.2 Description of Site Access and Surrounding Roadway Network The project parcel is located on the west side of US Route 9 immediately north of the Dutchess/Putnam County line. The Project Sponsor is proposing to utilize the existing entrance to the Southern Dutchess Sand & Gravel site as a “slip lane” (one-way in access on the southbound lane of US. Route 9) on the north end of the project site and a full movement access at the south end of the project site onto US Route 9. In general, it is assumed that residents of the Highland Valley project will travel north on US Route 9 to get to Interstate-84 which will take them to either the Taconic State Parkway or Highland Valley DEIS – Page 58
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the NYS Thruway. A small portion of commuters may travel south on US Route 9. Secondary trips may be made to the Village of Fishkill for food shopping or service items. The project proposes approximately 10,240 lineal feet of internal private roadways throughout the project site to serve the residents of the site.
2.1.2.1 US Route 9 US Route 9 is a major north/south state roadway which traverses throughout New York State. In the area north of the site, the roadway has signalized intersections with the Dutchess Mall access, Snook Road, Merritt Boulevard, Schuyler Boulevard and the I-84 ramps. In this vicinity, the roadway is a divided highway section. U.S. Route 9, in the immediate vicinity of the site, consists of one lane per direction and has a 55-mph posted speed limit with curve warning signs of 40 and 45-mph.
2.1.2.2 Interstate-84 Interstate 84 is a major east/west roadway which runs throughout the northeast. The roadway has a full interchange connection with U.S. Route 9 approximately 2.5 miles north of the site. The roadway generally consists of two lanes in each direction with a speed limit of 55 miles per hour in the vicinity of the site. Climbing lanes and ramp widenings are also present in the interchange area.
2.1.2.3 Other Secondary Roads There are other local roadways such as Snook Road, Merritt Boulevard, Schuyler Boulevard and the I-84 ramps in the vicinity of the project site. These roadways are owned and maintained by the Town of Fishkill and the NYS Thruway Authority. The roadways are in generally good condition.
2.1.3 Project Purpose, Public Need and Benefit to the Town
2.1.3.1 Project Purpose The purpose of the Highland Valley project is to offer a multi-generational alternative and affordable housing option for new and existing residents in the Town of Fishkill. The Highland Valley project will provide additional housing opportunities in the Southern Dutchess area which will serve first-time homebuyers, as workforce housing and senior citizens. It is not the intent of offering an age-restricted community since the needs for affordable housing reach far beyond the spectrum of seniors. Other purposes of the project include: Permit flexibility of design, site layout, and development to promote superior land planning design, greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, and preserve existing natural open space, and natural and scenic features. Promote the creation of a more desirable living environment than might be offered in other areas or developments in the Town. Encourage orderly and well-planned development of a scale and location so it is feasible to construct a comprehensive package of supporting utilities, services and facilities, a storm Highland Valley DEIS – Page 59
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water control and retention system, etc. The proposed development will be environmentally, physically, visually and economically superior. Encourage orderly development of sites with sufficient frontage on major collectors or state or county highways to provide safe, efficient access and traffic circulation, and require orderly internal traffic and pedestrian circulation. Promote a development pattern in harmony with the objectives of the Town's Comprehensive Plan. Maximize the preservation of wetlands, flood-prone areas, unique, natural or geographic formations, rare vegetation or habitats of endangered wildlife, or resources and significant scenic routes, particularly ridge lines, water bodies and mountains. Provide adequate review and supervision of development by the Town Planning Board, requiring both conceptual and specific plan approvals. Protect the important viewsheds in the community.
2.1.3.2 Public Need Currently there are limited housing opportunities offered in the Town of Fishkill in the private setting that the Highland Valley site offers. Both the Town and Dutchess County Comprehensive plans discuss the growing need for diverse housing options. In January of 2001, the Dutchess County Executive recognized the need for more balanced housing opportunities in the County. Thereafter, the County Executive formed a task force to summarize the current state of the County’s housing stock in order to identify obstacles in providing a more balanced housing stock and to make recommendations for overcoming these obstacles. Dutchess County published a report called “Smart Growth Housing Task Force Report” in December 2001 to make recommendations with respect to diverse housing. The Highland Valley project meets the recommendations listed in the Report.
2.1.3.3 Benefit to the Town The Highland Valley project will have a number of beneficial impacts for the Town of Fishkill. They are discussed in the following sections.
2.1.3.3.1 Greenway Compact One of the goals of the Greenway Compact is to “…provide housing alternatives for all residents, which ensure quality in construction and environment, variety, affordability, and accessibility…”42. The Highland Valley project is designed to accommodate this goal and others listed in both the Greenway Compact and the Town of Fishkill Comprehensive Plan. This project will be providing a multi-generational development with traditional neighborhood design to a diverse group of persons. The project offers a choice of single- family detached housing in the Southern Dutchess area which has access to major roadways.
42 Greenway Connections, Greenway Compact Program and Guides for Dutchess County Communities, The Hudson River Valley Greenways Community Council,2002 Highland Valley DEIS – Page 60
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2.1.3.3.2 Fiscal Benefits Currently, the four project parcels are assessed at $1,865,100.00. Based on this assessment, the current school taxes for the property are $25,607.34 paid to the Haldane Central School District. The current county, town, fire, ambulance & library tax for the property is $8,988.11. The total current tax revenue for the project site is $34,595.45. It was estimated the proposed single-family mobile homes would be increase the assessment of the property by $80,000 per unit43. Tax revenues would be $308,893.25 for 210 units. Of the total annual taxes generated by the proposed development, 8.78 percent would be provided to the Town, 74.67 percent would be provided to the School District, approximately 13.82 percent would be provided to Dutchess County, 2.42 percent would be provided to the local fire district, 0.31% would be contributed to the Ambulance District and 0.88% would be provided to the Library District. Assuming increases in current tax rates, these numbers would be projected to increase at the time of construction through build-out.
2.1.3.3.3 Decreased Land Disturbance The Highland Valley project is a development which groups lots into “clusters” of lots. Clustering allows more compact design and is one of the other alternatives considered. The clustered design would allow for the preservation of more open space.
2.1.3.3.4 Social and Economic Benefits of the Proposed Action According to 1994 Urban Land Institute’s Development Impact Assessment Handbook, the proposed project is expected to generate the equivalent of approximately 25 full-time on-site construction labor jobs annually. A majority of the construction-related employees at the site are expected to come from Fishkill and the immediate surrounding area. These workers are expected to have a positive impact on existing local businesses by purchasing food, gasoline, and other goods and services. In addition to increased tax revenue generated by new homes, the residents of the proposed development would contribute to the local economy.
2.1.4 Objectives of the Project Sponsor One of the objectives of the Project Sponsor is to provide opportunities for persons who wish to live in the Southern Dutchess area of the region in a private residential development that is secluded from adjacent roadways but yet close to major roadways. Another objective of the Project Sponsor is to provide other affordable housing options to all of the residents of the Town of Fishkill.
2.1.5 Project Background and Site History The Highland Valley project site is a 76.63-acre site comprised of four separate tax map parcels. The site is currently permitted for and is being mined as the Southern Dutchess Sand
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and Gravel mine. The gravel mine has been in operation for over 50 years and currently is permitted to continue mining using subaqueous mining technology. The Project Sponsor wishes to develop the site into a multi-generational, manufactured housing community which will serve to fulfill the needs of true affordable housing in the Town of Fishkill. The Project Sponsor is not considering an age-restricted project. The project will serve the needs of all residents of the Town.
2.1.6 Conformance to the Town of Fishkill Comprehensive Plan The Town of Fishkill Town Board is working to adopt a new Town of Fishkill Comprehensive Plan. The new plan is still under review at the time of this writing. The proposed Highland Valley project is consistent with a number of land use goals and guidelines listed in the Draft Town of Fishkill Comprehensive Plan. A. CONSERVE CRITICAL LANDS Objective #1: Protect and preserve large open space parcels in public and semi-public ownership for Fishkill residents and for future generations. The Highland Valley project identifies and considers open space in the project development. The project will create approximately 25 acres of open space. The majority of the proposed open space (21.24 acres) is adjacent to the Clove Creek. This area will be known as “Highland Valley Park” and will be conserved as open space for residents of the Highland Valley project who can use this open space for hiking, fishing along the Clove Creek. These areas will remain as open space and be preserved in perpetuity. Objective #2: Promote use of conservation easements and other mechanisms to acquire and preserve important open space lands in perpetuity.
See previous objective.
Objective #3: Enact Critical Environmental Area (CEA) designations to help protect significant ecological communities.
The Highland Valley project will occupy the site of the Southern Dutchess Sand & Gravel mine. The majority of the mining at the site is complete. Currently, the Project Sponsor has approvals to begin subaqueous mining of the mine floor to mine material below the water table. The approval and development of the Highland Valley project would occur at the site in lieu of the continuation of mining.
Furthermore, the project will utilize conservation subdivision methodologies as outlined in both Town of Fishkill Zoning Code and in the Draft Town of Comprehensive Plan to develop the site.
Objective #4: Utilize state-of-the-art conservation planning techniques to protect important environmental resources and create a connected network of green space throughout the community.
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As outlined earlier under previous objectives, the Highland Valley project will provide 24.48 acres of open space. Of the 24.48 acres of open space, 21.24 acres will be used to create a passive recreation “corridor” immediately adjacent to the Clove Creek. This area will be used for hiking and fishing along the Clove Creek. The corridor will begin at the southern border of Dutchess County through the site to US Route 9.
B. PRESERVE SIGNIFICANT ENVIRONMENTAL RESOURCES Objective #1: Protect surface water quality and natural drainage areas.
The Highland Valley project will utilize a state-of-the art stormwater management program to protect the Clove Creek. The project will utilize sedimentation basins, whenever possible, that will allow stormwater to collect and infiltrate into the ground through an extensive layer of naturally occurring sand and gravel. This provides filtration of stormwater prior to reaching the water table.
Objective #2: Protect the quality and quantity of groundwater that the Town depends on for its present and future water supply needs.
See Objective #1.
Objective #3: Improve stormwater quality by reducing pollutants that enter surface water and ground water, and by using natural processes as much as possible rather than engineered structures. See Objective #1. Objective #4: Reduce impacts of development on steep slopes.
The Highland Valley project will develop an existing mine. The majority of the site is to be developed on the areas that have been mined and have slopes that are less than 20%.
Objective #5: Protect areas rich in biodiversity.
The majority of the Highland Valley project will occupy the area of the Southern Dutchess Sand & Gravel Mine. Approximately 32% of the site will remain as open space. The majority of the open space (21.24 acres) is adjacent to the Clove Creek. This area will remain undeveloped as part of this proposal.
Objective #6: Encourage use of native plant species for landscaping, and discourage the use of invasive species.
The Highland Valley project will provide richly landscaped areas using native species to create streetscapes as wells as pocket parks throughout the site. The Project Sponsor will work with a Landscape Architect to create these areas.
Objective #7: Preserve existing trees where possible and require the planting of new trees when appropriate. Highland Valley DEIS – Page 63
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The Project Sponsor will preserve as many of the existing trees as possible to develop the site. Whenever, possible, native trees will be transplanted throughout the site from areas that are to be disturbed. New trees will be planted when native trees can not be planted.
C. CONNECT PEOPLE AND PLACES Objective #1: Connect streets and neighborhoods to improve traffic circulation and safety, and encourage walking and bicycling.
The Highland Valley layout provides for easy traffic circulation throughout the site. The project also involves the construction of roadways that share vehicles with bicycles.
Objective #2: Connect neighborhoods with paths, sidewalks, and bicycle lanes to encourage walking and bicycling and reduce traffic congestion.
The project involves the construction of roadways that are 26’ wide with (2) 11’ wide travel lanes and a 4’ wide bicycle/walking path on one side of the roadway. As mentioned earlier herein, the project will create a passive recreation corridor along the Clove Creek which can be used for hiking and fishing for the Town of Fishkill residents.
Objective #3: Create a greenway trail along the Fishkill Creek to connect parks, neighborhoods and other important sites in the Town, and enhance opportunities for recreation and alternative ways of getting around.
As mentioned earlier herein, the project will create a passive recreation corridor along the Clove Creek which can be used for hiking and fishing.
Objective #4: Connect the community with a town-wide network of hiking trails and bicycle paths that link residential neighborhoods, parks, shopping areas, and regional trails. See previous objective. Objective #5: Connect commercial sites to improve transportation efficiency, safety and movement. Admittedly, the Highland Valley project will not serve to satisfy this objective since it does not connect to commercial sites. Objective #6: Apply traffic calming measures to reduce speeding and create a safe environment for pedestrians and bicyclists where necessary and appropriate.
The project incorporates traffic calming measures such as narrower roadways of 22’ lanes and a 4’ wide pedestrian and bicyclist’s path.
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Objective #7: Connect people and places with public transit. Admittedly, the Highland Valley project will not serve to satisfy this objective since it does not connect to sites that offer public transportation. The nearest Dutchess County Loop bus connection is at the Dutchess Mall which is approximately 1 mile to the north of the project on US Route 9. Once built, the Project Sponsor, can solicit other transportation programs such as “Dial-a- Ride” to arrange for community transportation at the site.
Objective #8: Reduce the number of automobile trips by permitting compact, mixed- use development in identified areas of the Town to encourage walking and public transit.
See previous objective.
D. ENSURE ECONOMIC AND SOCIAL DIVERSITY Objective #1: Accommodate the housing needs of a broad spectrum of community residents so that our local workforce, senior citizens, first time homebuyers, and the children of residents can afford to live in Fishkill The Highland Valley project will provide 210 manufactured homes in a traditional style community. This type of housing is, by design, affordable in comparison to other housing stock in the region. This project can provide housing for every category of homeowner. Due to the fact that the homes will be affordable, this project can satisfy the needs of first-time homebuyers, the local workforce, senior citizens as well as other homeowners. Objective #2: Encourage use of efficient building materials and energy efficient heating and cooling systems (“green building” techniques) to conserve natural resources and reduce utility costs.
The manufactured homes that will be placed at the Highland Valley project will be new, state-of-the-art, energy efficient homes. These homes will comply with current Energy Codes. The homes are constructed in a facility where there is no waste of materials as the homes are designed to dimensions that conserve building materials.
E. EMPHASIZE SCENIC AND HISTORIC STEWARDSHIP Objective #1: Protect the scenic beauty of the ridgelines that contribute to Fishkill’s unique character.
The Highland Valley project is located on the mine floor of the existing Southern Dutchess Mine at the base of the Fishkill Ridge. The project, once developed, will not be seen from US Route 9 or most areas of the Town as the elevation of the project is below most sight lines and it will be behind the existing berm left behind from the soil mining process. The elevation along US Route 9 ranges from 280 to 310 depending on the location US Route 9. The project will be constructed at an elevation of approximately 260. The berm separating
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the proposed project and US Route 9 ranges in elevation from 280 to 320. It is the intent of the Project Sponsor to ensure that the majority of the site will be shielded from the existing roadways.
Objective #2: Protect and enhance the aesthetic quality of scenic roads.
See previous objective. This project will be hidden from the existing scenic roads in the Town of Fishkill.
Objective #3: Preserve and commemorate significant historic and archaeological structures and sites.
See previous objective.
F. CREATE GATEWAYS Objective #1: Preserve the existing rural and scenic character of Route 9D and Route 9 at the entrances to the Town to maintain the “town and country” character and to distinguish Fishkill from neighboring municipalities.
The Highland Valley project is located on the mine floor of the existing Southern Dutchess Mine at the base of the Fishkill Ridge. The project, once developed, will not be seen from US Route 9 or most areas of the Town as the elevation of the project is below most sight lines and it will be behind the existing berm left behind from the soil mining process. The elevation along US Route 9 ranges from 280 to 310 depending on the location US Route 9. The project will be constructed at an elevation of approximately 260. The berm separating the proposed project and US Route 9 ranges in elevation from 280 to 320. It is the intent of the Project Sponsor to ensure that the majority of the site will be shielded from the existing roadways.
Objective #2: Welcome visitors to Fishkill.
The project will provide affordable homes to residents of the Town of Fishkill. The project will also provide a recreation corridor along the Clove Creek for hiking and fishing.
G. CREATE GREAT PLACES FOR PEOPLE Objective #1: Design neighborhoods with streets that are vital public spaces and are safe for pedestrians and cyclists, not just cars.
The project involves the construction of roadways that are 26’ wide with (2) 11’ wide travel lanes and a 4’ wide bicycle/walking path on one side of the roadway. As mentioned earlier herein, the project will create a passive recreation corridor along the Clove Creek which can be used for hiking and fishing for the Town of Fishkill residents. The project also takes into account pedestrian walkways through the site with benches and picnic tables.
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Objective #2: Design parks as lively community gathering places with a variety of activities for people of all ages and strong connections to the surrounding neighborhoods.
The project proposes to utilize pedestrian-friendly walkways from the south end of the site to the north end of the site. These walkways will have park benches and picnic tables where residents can congregate. There is also central recreational area where there is a pavilion and a landscaped park where people can meet.
Objective #3: Engage the community in planning, funding, developing and maintaining parks.
As mentioned earlier herein, the project will create a passive recreation corridor along the Clove Creek which can be used for hiking and fishing for the residents of the Highland Valley project. The Project Sponsor will work with the Town of Fishkill to plan and develop the recreational corridor for the Highland Valley project.
H. PROMOTE GOOD DESIGN OF THE BUILT ENVIRONMENT Objective #1: Give developers clear direction about the type of development the community desires, in order to expedite the review process and achieve high quality design that enhances and builds on Fishkill’s heritage.
The Project Sponsor will work with the Town of Fishkill throughout the SEQRA review process to plan and develop the Highland Valley project as a high-quality project.
Objective #2: Require that new commercial development enhances the Town’s character and reflects vernacular site layout and historic architectural styles.
Admittedly the Highland Valley project can not satisfy this objective as it is not a commercially-oriented project.
Objective #3: Develop standards for lighting to enhance community character.
The Highland Valley project will incorporate site lighting to encourage night time walking and biking along its streets. It is the intent of the Project Sponsor to make the Highland Valley project a traditional neighborhood where people can walk and bicycle throughout the neighborhood. Pocket Parks will be provided where peoples can meet and congregate.
Objective #4: Ensure that adequate but not excessive off-street parking is provided for residential and commercial development, and that parking lots are designed to enhance the appearance of the community.
Each unit will be provided with a driveway that will accommodate two off-street parking spaces.
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Objective #5: Begin retrofitting existing commercial strips and adjacent areas as traditional neighborhoods.
The Highland Valley project will be developed as a traditional neighborhood using walking paths and landscaping to create streetscapes that are appealing to the residents of the project.
Objective #6: Ensure that new residential development fits into its natural surroundings, rather than being superimposed as a dominant element of the landscape.
The Highland Valley project is located on the mine floor of the existing Southern Dutchess Mine at the base of the Fishkill Ridge. The project, once developed, will not be seen from US Route 9 or most areas of the Town as the elevation of the project is below most sight lines and it will be behind the existing berm left behind from the soil mining process. The elevation along US Route 9 ranges from 280 to 310 depending on the location US Route 9. The project will be constructed at an elevation of approximately 260. The berm separating the proposed project and US Route 9 ranges in elevation from 280 to 320. It is the intent of the Project Sponsor to ensure that the majority of the site will be shielded from the existing roadways.
Objective #7: Ensure that new residential subdivisions are designed as pleasant, walkable neighborhoods.
See Objective #5.
Objective #8: Encourage redevelopment and/or rezoning of abandoned and underutilized commercial properties, as well as former mining sites and other unique properties to allow mixed uses or traditional neighborhood development, with an emphasis on affordable/workforce housing and neighborhood scale commercial and institutional uses.
The Highland Valley project is located on the mine floor of the existing Southern Dutchess Mine at the base of the Fishkill Ridge. The Project Sponsor currently holds a permit to begin subaqueous mining at the site. As an alternative to that measure, the Project Sponsor wishes to undertake a project that is more beneficial to both the residents of the Town and the surrounding environment by eliminating the potential impacts that could be caused by continued mining at the project location. The Highland Valley project will provide 210 manufactured homes in a traditional style community. This type of housing is, by design, affordable in comparison to other housing stock in the region. This project can provide housing for every category of homeowner. Due to the fact that the homes will be affordable, this project can satisfy the needs of first-time homebuyers, the local workforce, senior citizens as well as other homeowners. The project, once developed, will not be seen from US Route 9 or most areas of the Town as the elevation of the project is below most sight lines and it will be behind the existing berm left behind from the soil mining process. The elevation along US Route 9 ranges from 280 to 310 depending on the location US Route 9. The project will be constructed at an elevation of approximately 260. The berm separating the proposed project and US Route 9 ranges in Highland Valley DEIS – Page 68
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elevation from 280 to 320. It is the intent of the Project Sponsor to ensure that the majority of the site will be shielded from the existing roadways.
The project involves the construction of roadways that are 26’ wide with (2) 11’ wide travel lanes and a 4’ wide bicycle/walking path on one side of the roadway. As mentioned earlier herein, the project will create a passive recreation corridor along the Clove Creek which can be used for hiking and fishing for the Town of Fishkill residents.
Objective #9: Regulate businesses that may have adverse impacts on the neighborhood.
The Highland Valley project is located on the mine floor of the existing Southern Dutchess Mine at the base of the Fishkill Ridge. The Project Sponsor currently holds a permit to begin subaqueous mining at the site. As an alternative to that measure, the Project Sponsor wishes to undertake a project that is more beneficial to both the residents of the Town and the surrounding environment by eliminating the potential impacts that could be caused by continued mining at the project location.
I. STREAMLINE THE REVIEW PROCESS The objectives in this section of the Town of Fishkill Comprehensive Plan are directed more to the Reviewing Boards than the Project Sponsors. The Project Sponsor for the Highland Valley project will work with all involved and interested agencies to provide a project which is both beneficial and appealing to the community.
J. RAISE COMMUNITY AWARENESS The objectives in this section of the Town of Fishkill Comprehensive Plan are also directed more to the Reviewing Boards than the Project Sponsors. The Project Sponsor for the Highland Valley project will work with all involved and interested agencies to provide a project which is both beneficial and appealing to the community.
K. COORDINATE WITH THE SCHOOL DISTRICTS Objective #1: Address potential impacts of development on school capacity and taxes.
The project is located in the Haldane School District. The project will generate an additional $205,052.29 while generating approximately 24 public school-aged children. This document addresses the fiscal impacts to the Haldane School District in earlier sections.
Objective #2: Site new schools within walking distance of residential neighborhoods.
The project is located in the Haldane School District. It will not be possible for the school- aged children to walk to the schools in the District.
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L. WORK COOPERATIVELY The objectives in this section of the Town of Fishkill Comprehensive Plan are directed more to the Reviewing Boards than the Project Sponsors. The Project Sponsor for the Highland Valley project will work with all involved and interested agencies to provide a project which is both beneficial and appealing to the community and the surrounding municipalities.
2.1.7 Conformance to the Zoning Code The four parcels that make up the proposed Highland Valley project are currently zoned GB and R-4. The project will require that the four parcels obtain a zone change from GB/R-4 to RMF-5. Once the zone change is approved by the Town of Fishkill Town Board, the project will conform to the current Town of Fishkill Zoning Code with respect to a mobile home park as outlined in Section 106-1 of the Code.
2.2 PROJECT DESCRIPTION
2.2.1 Project Narrative
2.2.1.1 General The subject properties, hereinafter referred as the project site (tax map numbers 133809- 6154-00-780423, 723454, 782532 & 846575) contain collectively approximately 76.63 acres. It is located along the west side of US Route 9 approximately 3 miles south of the Village of Fishkill as the crow flies (See Figure 1.4-1 “Site Map”, Figures 1.4-2 “USGS Map” and Figures 1.4-3 “Regional Map”). The Project Sponsor, Walloon Trust, located on Elm Street in the Village of Fishkill, is the current owner of the project site. The parcels are currently zoned GB/R-4. The proposed “Highland Valley” Action is a proposal to develop the 76.63-acre parcel into a manufactured housing community having a maximum unit count of 210 plots, recreation areas and private roadways and other appurtenances as required under the RMF-5 zoning and Chapter 106 of the Town of Fishkill Zoning Code entitled “Mobile Home Parks”. Refer to the Site Plan located in the appendices of this document. The project is currently used as a sand & gravel mine and is currently permitted to continue mining on the site using subaqueous technology. As an alternative to the sand and gravel mine, the Project Sponsor is proposing a 210-unit manufactured home residential project. The project will utilize some form of central water and sewerage collection systems for the project site. The site will utilize a “slip-lane” entrance into the site from the southbound lane of US Route 9 at the north end of the project site and a full-movement access at the south end of the site. The project involves 10,240 lineal feet of new private roads which will consist of (2) 11’ wide lanes and a 4’ wide pedestrian bicycle lane.
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The project will also create a 21.24-acre parcel adjacent to the Clove Creek which will be used for hiking, fishing and other recreational purposes. This area will be accessible to both the residents of the Highland Valley project and the Town of Fishkill.
2.2.2 Project Layout and Design Philosophy The proposed Highland Valley Project is a multi-generational residential development using a traditional neighborhood design. It will provide opportunities for additional housing in the Town of Fishkill and Southern Dutchess area.
2.2.2.1 Site Disturbance The Project Sponsor proposes to develop 68.1% of the site and disturbance will be limited to approximately 55.39 acres of the 76.63-acre project site.
2.2.2.2 Site Roadways Development of the Highland Valley project will involve construction of approximately 10,240 lineal feet of new roads. The roads will remain private and will not be dedicated to the Town of Fishkill. The pavement width for this roadway will be 26’ and 22’ throughout the site. The rights-of-way (R.O.W) will be 26’ and 22’ wide where the roadway is 26’ and 22’ wide, respectively. Both of the travel lanes will be 11’ wide and the primary roads (26’ wide) will have a 4’ wide pedestrian and bicycle lane. All services such as refuse pickup, recycling pickup, fuel oil delivery, etc. will be done from the front of the lots the public roads as with other developments in the Town.
2.2.2.3 Lot Layout The primary goal of the lot layout is to create a desirable streetscape that promotes pedestrian activity and social interaction.
2.2.3 Open Space
2.2.3.1 Preservation of Existing Vegetation and Trees As mentioned in previous sections, the Project Sponsor intends to preserve approximately 24.48 acres of the Highland Valley proposal. Of the 24.48 acres of open space, 21.24 acres of it will be used as a recreational corridor along the east bank of the Clove Creek as the proposed “Highland Valley Park”. This will be used for hiking, fishing as well as other passive recreational uses. This area will be accessible to the residents of the Highland Valley community. It is the intent of the Project Sponsor to preserve open space in perpetuity. This project will provide approximately 31.9% of its total area as open space to be permanently preserved from future development or future use as part of a yard of any individual lot. In order to effectuate the preservation of open space, the land designated as open space will be owned by the Owner with a recorded conservation easement. The conservation easement
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will require the open space land to be permanently designated for use only as open space and will not allow future development or future use as part of a yard of any individual lot.
2.2.3.2 Buffers Physical markers shall be used to identify the limits of the 100’ adjacent areas of the NYSDEC wetlands.
2.2.3.3 Land to be Cleared As part of the development of the site, approximately 51.49 acres or 67.2% of the project site will be disturbed. A majority of the development occurs in the location of the existing mining activity. Out of the 76.63 acres of land disturbance, approximately 5.5 acres of the land is forested.
2.2.3.4 Impervious Area The development of the project will convert approximately 15.3 acres of vegetation to impervious surfaces. These impervious surfaces include roadways, rooftops, driveways, etc.
2.2.4 Site Access There are two points of access from US Route 9 for the Highland Valley Project. A “slip lane” shall be constructed near the entrance of the existing Snow Valley campground at the north end of the site. The “slip lane” shall be a one-way, entrance-only entrance road which will allow access to the site from the south-bound lane of US Route 9. This lane will ease the load on the second proposed entrance to be located at the location of the existing driveway entrance serving the residential lot at the south end of the site. This entrance will be a full movement entrance. The Project Sponsor will construct any necessary lane widening, signalization, channelization or other improvements as directed by the New York State Department of Transportation. All services such as refuse pickup, recycling pickup, fuel oil delivery, etc. will be done from the public roadways.
2.2.4.1 Traffic Calming Measures Traffic calming measures will be employed along the connector roadway. Traffic calming techniques prove effective in encouraging motorists to reduce their speed through the use of visual cues and physical barriers. These measures include: Planting trees along both sides of the roadway and in the landscaped islands, whenever possible. Street lighting provides a high-degree of traffic calming. Street lighting will be installed at all intersections and in other areas of the development, as necessary to provide safe conditions throughout.
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2.2.5 Traffic Circulation The project involves the construction of 10,240 lineal feet of internal roadways. These roadways will be 26’ wide with (2) 11’ travel lanes and a 4’ wide pedestrian/bicycle lane. The roads will remain private and will not be dedicated to the Town of Fishkill. The majority of the roadways are looped. The radii of the intersections will be kept at a minimum of 25’ to provide better circulation for site traffic, emergency vehicles and delivery vehicles which will be used to deliver the proposed manufactured homes.
2.2.6 Architectural Housing Design The Project Sponsor is proposing to develop the Highland Valley site using a traditional neighborhood design.
2.2.6.1 Type of Construction The proposed residential dwelling units will be conventional wood frame structures (Type 4B). All of the units will have a defined entrance. Exterior materials will be low-maintenance, such as vinyl siding, partial brick or simulated stone veneer, architectural grade roofing shingles, insulated steel overhead garage doors, insulated steel or fiberglass hinged doors at front, side, rear and service entry, welded tubular vinyl window frames with double pane insulated glazing. Exterior features will also include standard and optional decks or patios at the rear of the homes. Residents will be required to park in their driveways.
2.2.6.2 Fuel and Energy Source It is the intent of the project to provide energy efficient dwelling units which will either meet or exceed the NYS Energy Code. After a discussion with Central Hudson Gas & Electric, it appears there is adequate electric power in the local region, however, units will be using fuel oil for heating since natural gas is not available at the Highland Valley site at this time.44 As natural gas may become available prior to the commencement of construction at the site, the Project Sponsor would like to install natural gas supply lines in the event natural gas service becomes available. The units will be offered with electric ranges and ovens. Liquid propane appliances will be available as an option.
2.2.6.3 Separation Between Houses Per Section 106-9 of the Town of Fishkill Zoning regulations, the closest two homes can be constructed is 40’ based on a side yard setback of 20’ for each lot.
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2.2.7 Plantings, Buffers and Signage The Project Sponsor is proposing an elaborate planting scheme throughout the project. The following sections outline the areas where plantings will be concentrated.
2.2.7.1 Street Trees Street trees and other plantings along roadways and walkways are anticipated to be a combination of deciduous and evergreen trees and shrubs. Likewise, streetscapes will be supplemented with a variety of deciduous trees designed to enhance the area’s aesthetic appeal. The following is a list of street tree species which are proposed for use throughout the Highland Valley site: • Acer saccharum - Sugar Maple • Acer rubrum - Red Maple • Quercus rubra - Red Oak • Quercus palustris - Pin Oak • Tilia americana - Redmond Linden • Fraxinus americana greenspire - Greenspire American Ash • Catalpa speciosa – Northern Catalpa • Platanus occidentalis – Sycamore • Liriodendron Tulipifera – Tulip • Carya ovata – Shagbark Hickory • Fagus grandifolia – American Beech
Trees will be selected based on availability, hardiness and deer tolerance. The spacing of the street trees will be between 50’ and 75’ depending on sight distance requirements and species. Efforts will be made to group plantings in such a way to promote a natural setting.
2.2.7.2 Signage
2.2.7.2.1 Project Signage A well designed landscaped sign will be placed at the project entrances. The sign will be incorporated into a fieldstone planter that will be filled with ground cover landscaping. No lights will be used to illuminate the sign. The developer will install the sign. The signs will be located on common land owned by the HOA. All proposed signage shall meet the Town of Fishkill Zoning Code requirements.
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2.2.7.2.2 Directional Signs and Other Miscellaneous Signs There will be a need to provide various directional signs, street signs and identification signs throughout the project. These signs will be installed in accordance with the Town of Fishkill Zoning Code requirements.
2.2.8 Utilities
2.2.8.1 Water Supply The Project Sponsor has reached an agreement to connect to the Village of Fishkill water supply system. The Village of Fishkill has adequate source to provide the project. It is estimated that the project site will require an averaged daily flow of 49,350 gallons of water per day. Any water supply option for the project will be reviewed the agencies having jurisdiction such as the NYSDEC, NYS Department of Health and the Dutchess County Health Department.
2.2.8.1.1 Water Demand The water demand estimate assumes an average of 235 gallons per day per residential unit. The total water demand for the residential development project is estimated as 49,350 gpd, as summarized in table 2.2.8.1.1-1 below. Table 2.2.8.1.1-1 - Water Demand Estimate
Total Number GPD Per Type of Units Average of Units Unit (GPD) 210 Single-Family 235 49,350 Total Water Usage 49,350 A flow confirmation letter was submitted to the Dutchess County Department of Health for their review. On November 9, 2009 Marie Brule, PE, from the department, issued a confirmation letter for the project. See figure 2.2.8.1.1-1 on the following page. The confirmation letter references a total number of units of 230 for the project site. However, the project has been reduced to 210 after the flow confirmation letter was issued.
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Figure 2.2.8.1.1-1 – Flow Confirmation Letter
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For new community water supplies, the New York State Department of Health (NYSDOH) requires a minimum of two sources, each capable of delivering twice the average daily demand of the residential project.
2.2.8.2 Wastewater It is estimated that the average gross daily wastewater generated by the proposed development will be approximately 49,350 GPD (based on the calculations provided in the preliminary water demand). The preferred alternative for the Highland Valley project is to connect to the Dutchess Park south interceptor force main via a force main from the Highland Valley project site. Collection of the sanitary sewer system for the Highland Valley site will consist of gravity sewer, sanitary sewage lift stations and force mains, where necessary. Wastewater generated by the homes will be collected by gravity sewer mains and conveyed directly (or where necessary by means of a sewage lift station) to the main sewage lift station and onto the south interceptor force main at a point immediately north of the Dutchess Mall. The sewage treatment system will not impact the groundwater or the NYSDEC regulated wetlands areas, as it will be designed and approved to meet the criteria established by the NYSDEC, Dutchess County Health Department and the New York Sanitary Code.
2.2.8.3 Transportation Corporation The Project Sponsor will establish a water transportation corporation to maintain the water distribution system in the project limits. The Town of Fishkill Town Board would be required to approve, by Resolution, the creation of the transportation corporation. The usage rates for the water supply system would be established by the NYS Department of Public Service. The Town of Fishkill Town Board would establish the usage rates for the sewage disposal costs.
2.2.8.4 Stormwater Management The stormwater management system will be comprised of a closed drainage system which will convey stormwater runoff to stormwater basins or underground infiltration structures. It should be noted that although, the stormwater collection system has been designed for a 25- year design storm, the entire system is able to attenuate up to a 100-year storm event due to the fact that the excess rainfall volume will pond in certain locations until such time it can infiltrate into the subsoil. It should be noted that this is common practice in most municipalities as it is impractical to design storm sewer conveyance systems for a storm event that has a 1% chance of occurrence. The stormwater basins will vary in purpose and design. The primary purpose of the basins is to attenuate the peak rate of runoff to below pre-development levels during the post- development storm events, provide water quality treatment and to provide channel flow protection volume prior to discharging to the wetland or other water bodies.
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Currently, stormwater runoff follows the topographical contours of the property. Stormwater from the non-point sources is generally collected at the mine floor and percolates into the underlying subsoil. The stormwater management system constructed for the Highland Valley site will be designed in such a manner as to maintain the quantity and quality of the post- development stormwater to pre-development conditions. The system will be designed in accordance with the current EPA stormwater regulations for quantity and quality.
2.2.8.4.1 Pre-Development Conditions The stormwater discharge points or watershed discharge points are areas that the surface runoff leaves the property or accumulates on the project leaves the site. There are 4 design points which have been analyzed as part of the Stormwater Pollution Prevention Plan (SWPPP). Drainage area #1 is the larges drainage area of the site. It accepts the majority of the pre-development runoff. The other 3 drainage areas ultimately discharge off-site. Table 2.2.8.4.1-1 - Pre-Development Stormwater Runoff, provides a summary of the existing site stormwater runoff. Table 2.2.8.4.1-1 Pre-Development Drainage Areas
Peak Outflow (cfs) Design Point 2-Yr 10-Yr 25-Yr 100-Yr #1 36.90 77.65 107.61171.47 #2 0.18 1.32 2.59 5.88 #3 0.44 1.75 2.93 5.68 #4 17.37 31.47 41.32 61.45
2.2.8.4.2 Post-Development Conditions In the post-development condition, the site will consist of 210 manufactured housing units on 7,500 square foot lots. There shall be approximately 2.5 miles of newly constructed roadways installed to serve the site. A substantial amount of the site will be regraded to both lower the site and to raise the site in the area of the existing berm on the west side of the site. The intent of the stormwater management system is to contain the stormwater on-site utilizing stormwater chambers, drywells and open stormwater basins throughout the majority of the site. Rain gardens will be used on each lot to catch the stormwater from the roof leaders on each lot. This system shall be designed to mitigate both stormwater quality & quantity and will allow for infiltration of stormwater into the surrounding soils. This system is in compliance with the New York State Department of Environmental Conservation’s Stormwater Manual. A Stormfilter-400 device will be placed inline between the stormwater collection system and the stormchamber units for the purposes of pre-treatment. This stormwater filter will remove the majority of the TSS and other pollutants from the stormwater during events up to and including the 1-year event. The subsurface storage areas along with the surface storage basins will provide the required water quality volume. This type of system has been approved by the NYSDEC and is noted as a type I-4 infiltration system in Chapter 10 of the Stormwater Manual. Please refer to the SWPPP included in the appendices of this document.
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Table 2.2.8.4.2-2 - Post-Development Conditions
Peak Outflow (Surface Discharge cfs/Infiltration cfs) Design Point 2-Yr 10-Yr 25-Yr 100-Yr #1 91.05 166.88 219.86 327.96 #2 0.11 0.60 1.11 2.37 #3 0.04 0.14 0.22 0.40 #4 17.00 30.81 40.44 60.11
2.2.8.4.3 Impacts to Clove Creek The Clove Creek may be impacted very slightly by an increased volume of stormwater runoff due to the development of the Highland Valley site. However, the water quality and the peak rate of runoff will be maintained by use of the proposed stormwater basins. These basins will be designed to attenuate increased peak stormwater rates and to treat the stormwater by removing pollutants typically attributed to stormwater runoff. The water quality of the Clove Creek will be maintained in a pristine condition by use of the proposed sedimentation basins and soil erosion control measures.
2.2.8.4.4 Cumulative Impacts - Surface Waters The cumulative impacts to the Clove Creek and the Fishkill Creek will be kept to a minimum since all projects in development and all projects from this point forward will need to comply with the EPA Phase II stormwater runoff guidelines. These guidelines were established to prevent further degradation of stream water quality. The sedimentation basins to be constructed in the Highland Valley project have been designed to conform to these new guidelines.
2.2.8.4.5 Surface Water Mitigation Measures The Project Sponsor will implement the following mitigation measures during the construction process: • Adequate drainage will be provided to reduce exposure to flood hazard; • Utilities will be designed to minimize or eliminate infiltration of floodwaters into the systems. • During construction, erosion will be controlled through the implementation of various erosion control methods consistent with the U.S. Soil and Water Conservation Service recommendations including: • The contractor, on a weekly basis and following each rainfall event, will inspect all erosion control measures employed during the construction process. Erosion control will be repaired and maintained as necessary by the contractor; • During construction, as the road subgrade is formed by excavation, drainage ditches will be cut on the downhill side of the street at intervals of fifty feet so rainwater falling on exposed soils will drain off at a frequent interval into the underbrush instead of being allowed to accumulate as it travels down to a central discharge point;
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• During construction, as the road subgrade is formed by fill, work will proceed quickly and the side slopes seeded with a quick germinating rye (10 to 15 pounds per 1000 square feet). During this time, any gullies or washes that develop are to be filled and the surface graded to prevent wash in the same location; • Temporary drainage swales with a minimum grade of one percent will be provided to direct runoff away from excavated areas. Swales will be installed with staked and secured straw bale berms to prevent downstream siltation. Location of the drainage swales and straw bales will be at the direction of the Project Engineer; • Straw bales will be placed in a row with ends tightly abutting adjacent bales. Each bale will be embedded in the soil a minimum of 4". Bales will be securely anchored in place by stakes or re-bars driven through the bales. The first stake in each bale should be angled toward the previously laid bale to force the bales together. Inspection should be frequent and repair or replacement should be made promptly as needed. The bales should be removed when they have served their usefulness so as not to block or impede storm flow or drainage; • Reverse slope benches of diversion swales will be provided wherever the vertical height of any 2:1 slope exceeds twenty feet; thirty feet for slopes of 3:1; and forty feet for slopes of 4:1. Benches or swales will be located to divide the slope face into equal sections to convey runoff to stable outlets. Benches will be a minimum of six feet wide to provide for maintenance. Benches will be designed with a reverse slope of not more than 6:1. Bench gradient to the outlet will be between two and three percent. The flow length of any bench or swale will not exceed 800 feet; • If the construction process exposes significant soil areas for any length of time, increased potential for erosion and dust creation will occur. The contractor shall provide, at the Project Engineer’s direction, supplemental surface treatments (such as straw bale lines, temporary swales and/or rip-rap intercept pools, and dust control measures) as may be required; • Subsurface drainage will be provided where required by the Project Engineer or Highway Superintendent to intercept seepage that would otherwise adversely affect slope stability or create excessively wet site conditions; • Erodible material temporarily stockpiled on the site during the construction process will be located in an area away from storm drainage and will be properly protected from erosion by a surrounding silt fence barrier; • The storm drainage system will be installed and rendered functional as soon as possible, with silt traps provided around each inlet; • Grading will be finalized, topsoiled and seeded as quickly as possible; • Stockpiled topsoil will be temporarily seeded; • All grass seed will contain at least 25 percent rapid germinating perennial rye grass; • Erosion controls will be removed at the end of site construction only as approved by the Project Engineer, and will be done so only when upgradient surfaces are properly stabilized and all stormwater management systems are in place and operable; Highland Valley DEIS – Page 80
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• At the completion of the project, the temporary siltation basins will be cleaned and restored with fill, topsoil, and vegetation that are most appropriate for the individual areas. • Stormwater discharges and pipe outlets will be constructed in accordance with the following guidelines to limit the introduction of sedimentation into the discharge area: • An apron will be placed in rip-rap with a depth of 6"; • The length of the riprap will be no less than 14' and no less than 16' wide. • After construction, erosion control measures will be maintained by the Town of Fishkill and should be consistent with the recommendations in the New York Guidelines for Urban Erosion and Sediment Control45, including: • The stormwater collection areas should be inspected quarterly to ensure proper operation; • All catch basin sumps should be cleaned when they reach 50% of their capacity; • All rip-rap at outfalls should be either cleaned or replaced when it becomes overburdened with silt or sediment; • All drainage areas damaged by erosion should be repaired; • All silt or sediment accumulations should be cleaned from ponds; • All drainage swales should be kept free of debris and the vegetation should be maintained to allow unobstructed flow of stormwater; • Any slopes or embankments that have damaged vegetation should be re-seeded as necessary; • All grass swale areas should be mowed so that they facilitate unobstructed flow of stormwater. A Stormwater Pollution Prevention Plan is included in the appendices of this document. Stormwater drainage will be accomplished on-site by a series of pre-cast drywells and catch basins and interconnecting perforated "HDPE" pipe placed in the road network and the interior of the site. The perforated pipe will allow assimilation of stormwater into the existing subsoil. Other features of the drainage system will be earth detention areas and surface swales to facilitate stormwater movement and purification (first flush) of the point and non-point sources, including increased contamination from roads, driveways and other impervious surfaces. Stormwater quality will also be controlled utilizing a series of pre-cast catch basins with a 24” deep sump. Sedimentation basins will be used to facilitate purification (first flush) of the point and non-point sources, including increased contamination from roads, driveways and other impervious surfaces and stormwater movement. Land areas that are not collected by the subsurface system will sheet flow off the property through natural patterns and surface
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conditions. Water retention measures such as small infiltration basins and water collection basins will be employed to limit the impact to the downstream infiltration basins. As designed, the net post-development peak stormwater discharges will be maintained below the pre-development peak level for all storm events analyzed. The proposed development is designed to integrate the existing runoff patterns and natural features into the planned residential plan with little disturbance. In addition, natural features on-site will be used to provide environmentally preferred stormwater management mitigation by improving runoff quality through the use of open-channel/wetland filtration, absorption, and evaporation that are efficient cleansing measures utilized to pre-treat stormwater prior to it entering an existing drainage system. The stormwater analysis illustrates that the proposed system will function properly, provide water quality enhancements, and require minimal maintenance to insure continued performance. As detailed stormwater plans are developed in the subdivision process, specific controls will be placed to control the quality of stormwater discharge.
2.2.8.4.6 Solid Waste The NYSDEC46 estimates that residential solid waste production is approximately 2.4 pounds per person per day. Based on this figure, it is estimated that the Highland Valley development will generate approximately 9,40047 pounds of solid waste per week, or approximately 18.8 tons per month. Residents of the proposed development will have to contract with a private sanitation company for pick-up and removal (including recyclables and bulk trash). Residents of the Town of Fishkill can contract with a private sanitation company and purchase service for $29.25/month ($21.00/month for smaller container needs)48.
2.2.8.5 Wetland Management NYSDEC wetlands are those lands and waters of the state which meet the definition provided in Subdivision 24-0107.1 of the Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law) and have an area of at least 12.4 acres or, if smaller, have unusual local importance as determined by the Commissioner pursuant to Subdivision 24-0301.1 of the Act and Subdivision 24-0107.1 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (6 NYCRR Part 664). NYSDEC wetlands are mapped on an official freshwater wetlands map pursuant to Subdivision 24-0301.5 of the Act, or such a map that has been amended or adjusted pursuant to the Act and Part 664, on which are indicated the appropriate location of the actual boundaries of regulated wetlands. Each wetland area is identified by the code representative of the United States Geological Service (USGS) topographical quadrant in which the wetland is identified.
46 William R. Troutman Associates. 1972. NYSDEC Comprehensive Solid Waste Study: Dutchess County. Final Report (CSWP-21). William R. Troutman Associates, Poughkeepsie, NY. 47 2.4 pounds per person x 560 persons x 7days 48 Conversation with Tony Contarino of Royal Carting Service, November 23, 2009 Highland Valley DEIS – Page 82
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NYSDEC wetlands include a 100 foot adjacent area or buffer, measured horizontally from the boundary of the wetland.
2.2.8.5.1 NYSDEC Wetlands NYSDEC wetlands are those lands and waters of the state which meet the definition provided in Subdivision 24-0107.1 of the Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law) and have an area of at least 12.4 acres or, if smaller, have unusual local importance as determined by the Commissioner pursuant to Subdivision 24-0301.1 of the Act and Subdivision 24-0107.1 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (6 NYCRR Part 664). NYSDEC wetlands are mapped on an official freshwater wetlands map pursuant to Subdivision 24-0301.5 of the Act, or such a map that has been amended or adjusted pursuant to the Act and Part 664, on which are indicated the appropriate location of the actual boundaries of regulated wetlands. Each wetland area is identified by the code representative of the United States Geological Service (USGS) topographical quadrant in which the wetland is identified. NYSDEC wetlands include a 100 foot adjacent area or buffer, measured horizontally from the boundary of the wetland. There are no NYSDEC regulated on the project site.
2.2.8.5.2 ACOE Wetlands Under Section 404 of the Clean Water Act, the ACOE has jurisdiction over navigable waters [Section 10 of Rivers and Harbors Act 33 CFR 320] plus their tributaries and adjacent wetlands and where the use, degradation or destruction of such waters could affect interstate or foreign commerce. Under Section 404 of the Clean Water Act, the USACOE regulates the discharge of dredged or fill materials into these navigable waters of the US, including wetlands (33 CFR 323). The Clean Water Act uses the term "navigable waters" which is defined as "waters of the United States, including the territorial seas" (Section 502(7)). The following includes definitions of “waters of the US”: • All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; • All interstate waters including interstate wetlands; • All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: o Which are or could be used by interstate or foreign travelers for recreational or other purposes; or
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o From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or o Which are used or could be used for industrial purposes by industries in interstate commerce; • All impoundments of waters otherwise defined as waters of the United States under this definition; • Tributaries of waters identified in paragraphs (s)(1) through (4) of this section; • The territorial sea; • Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (s)(1) through (6) of this section; waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. The term “wetlands” means 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. Wetlands generally include swamps, marshes, bogs and similar areas. “Navigable waters of the US” - are those waters that are subject to the ebb and flow of the tide or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity. Precise definitions of navigable waters of the United States or navigability are ultimately dependent on judicial interpretation and cannot be made conclusively by administrative agencies. (33 CFR 329) “Isolated Wetlands” - Isolated wetlands are defined as those wetland areas that do not have an identifiable surface water connection to a tributary to navigable waters of the United States. For example, wetlands that do not have a defined outflow into a drainage that connects to a stream would be considered isolated wetlands. Ecological Solutions, LLC has outlined an area to the south of the site which is considered Federal Wetlands. The development of the Highland Valley project will not impact this area.
2.2.8.6 Erosion Control Measures Erosion control measures will be utilized to protect wetlands and the 100’ adjacent areas from the proposed development. Erosion control measures will play an important factor during construction of the project. Stabilized stone construction entrances, silt fences, sediment traps and water quality basins will be constructed to prevent soil erosion, contamination of the wetlands and tracking of soil onto US Route 9 by traffic to and from the site during construction. The following erosion control measures will be utilized during the construction phase of the Highland Valley project: Stabilized Construction Entrance – A stabilization pad will be constructed near the entrances onto US Route 9 and into the Highland Valley site, if applicable, to remove
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mud and debris from the tires of construction equipment before entering existing roadways.
Road grades – Silt fences will be erected at the toe of the new roadway slopes and will continue throughout the site for the local roads and service alleys.
Silt Fencing – Silt fencing will be installed in between the area of development and the wetland buffers. Hay bales may be used along with silt fencing to provide support for the silt fencing during a storm event.
Catch Basins – Catch basins will be protected with silt fencing to reduce the amount of sedimentation being conveyed to the on-site stormwater basins.
Stormwater Basins – Both temporary and permanent sedimentation basins will be installed throughout the project to trap and hold stormwater until the sediments are either filtered out or they settle out.
Diversion Ditches – Temporary and permanent diversion ditches will be cut and maintained throughout the project site to divert stormwater to stormwater basins where the stormwater can be treated.
Stone Check Dams – Stone check dams will be installed in the diversion ditches to slow stormwater velocities to below the scour velocity of the underlying soil. Also, the stone check dams will filter the stormwater as it travels along the diversion ditches. When it is necessary to remove sediments from contaminated surface water, the most efficient method is settlement. Temporary Sediment Traps are proposed to collect up to one- half inch of sediment-laden runoff from the contributing drainage shed. A sand and fabric filter provides positive drainage discharge from the sediment trap. The slow rate of discharge permits sediments suspended in the water to settle to the bottom of the sediment trap. Six sediment traps are to be implemented during the construction phase. When complete these traps will be cleaned and appropriately graded and converted into water quality basins. Erosion control measures, designed to minimize soil loss, and sediment control measures, devised to retain eroded soil and prevent it from reaching water bodies or adjoining properties, have been developed in accordance with the following documents: • New York State Guidelines for Urban Erosion and Sediment Control (April, 1997) • New York State General Permit for Stormwater Discharges, GP-0-10-001 (General Permit) Appendices D, E, and F (Stormwater Pollution Prevention Plan) • Reducing the Impacts of Stormwater Run-off from New Development, NYSDEC (April, 1992) The goals set forth in the erosion and sediment control plan are two fold. The first objective is to control erosion by minimizing the opportunity for soil to be transported by wind,
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rainfall, or run-off. This goal will be met by disturbing the minimal amount of land possible at any one time. Additionally, areas undergoing clearing or grading and where work is delayed or completed and will not be re-disturbed for a period of 21 days or more will be stabilized with temporary or permanent vegetative cover within 14 days. Second, the erosion control measures have been incorporated into the plan to contain and trap the sediment as close to its place of origin, preventing it from reaching off-site watercourses or lands. These goals concur with the guidelines set forth by the NYSDEC “Reducing the Impact of Stormwater Runoff from New Development” manual. This objective will be met by installing the recommended sediment and erosion control structures prior to the initiation of construction and maintaining the protective measures during construction as indicated on the projects plans and details to ensure their stability and effectiveness.
2.2.8.7 Types of Temporary Erosion Control Structures
2.2.8.7.1 Silt Fencing Prior to the initiation of construction, silt fencing will be installed as indicated in the SECP and in areas deemed necessary by the contractor, to reduce run-off velocity and intercept sediment-laden run-off.
2.2.8.7.2 Temporary Seeding Temporary seeding may be used in disturbed areas to minimize erosion and sediment loss. Any disturbed area that will not be re-disturbed for 21 days or more will be stabilized by the 14th day after the last disturbance.
2.2.8.7.3 Stabilized Construction Entrance Prior to construction, stabilized construction entrances will be installed to reduce the tracking of sediment onto public roadways.
2.2.8.7.4 Dust Control Construction operations will be scheduled in order to minimize the amount of disturbed areas at any one time during the course of work. Existing vegetation will be preserved where possible and temporary soil stabilization practices, such as mulching, seeding, and spraying (water), will be utilized to control dust.
2.2.8.7.5 Temporary Soil Stockpile Materials such as topsoil will be temporarily stockpiled (if necessary) on the site during the construction process. Stockpiles will be located in an area away from storm drainage and will be properly protected from erosion by a surrounding silt fence barrier.
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2.2.8.8 Types of Permanent Erosion Control Structures
2.2.8.8.1 Establishment of Vegetation Disturbed areas that will be vegetated will be seeded in accordance with the contract documents. The type of seed, mulch, and maintenance measures as described in the contract documents will also be followed.
2.2.8.8.2 Operation and Maintenance To confirm the stability and effectiveness of all protective measures and practices during and after construction, all erosion control measures employed will be inspected on a regular basis.
2.2.8.8.3 During Construction Inspection and Maintenance An Erosion and Sediment Control Maintenance Schedule will be provided on detail sheets. During construction, the contractor will inspect and maintain the erosion control structures as stated on the aforementioned sheet and as shown on the following list: • The contractor will inspect the erosion control structures weekly and after every storm event that exceeds ½” of rainfall. • The contractor will pay close attention to each erosion control measure to ensure that it is structurally sound and is functioning properly. • Required maintenance will be completed in a timely manner. • Accumulated sediment, debris, and litter will be removed from the control structures, as required, in order to maintain the available stormwater management capacity and to preserve satisfactory performance of each structure. • Silt fencing will be replaced when it can no longer maintain its structural integrity. • Materials which are not trapped by the stabilized construction entrance and are deposited onto public roads will be removed so that they do not enter off-site catch basins. • On-site dust control will be employed in accordance with standard methods. • Accumulated sediments removed from the control measures will be placed in such a manner that they will not erode from the site. Specifically, the sediment removed from the catch basins will be exported from the site, stockpiled for later use, or used immediately for general non-structural fill. • Should stockpiling be necessary, material should be stored in a flat topped, conical pile(s) surrounded by a silt fence.
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2.3 CONSTRUCTION, OPERATION, AND PHASING
2.3.1 Phasing and Construction Schedule The Project Sponsor is proposing three primary phases of residential development. Project build-out is anticipated in the year 2015 for the Highland Valley project. See the “Phasing Plan” in the appendices of this document.
2.3.1.1 Phasing, Construction and Operation
2.3.1.1.1 Phasing and Construction Schedule The proposed project will take place in three Phases over a period of approximately five years, with each phase installing erosion control measurements ranging from silt fences to sediment traps. The specific types of erosion control for each phase will be shown and detailed on the construction plans entitled “Highland Valley” site plans by M.A. Day Engineering, P.C. It is anticipated that construction will commence in 2010 and will be completed in 2015. Construction access to the site will be provided from US Route 9. Typical construction sequencing will be bulk grading, installation of water, sewer, electrical, and stormwater infrastructure, road construction, home construction, and landscaping. See the proposed phasing plan on the following page.
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Figure 2.3.1.1.1-1 – Phasing Plan
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Phase I The initial phase of the project will involve construction of the entrances and improvements at US Route 9. The lots closest to US Route 9 will be developed first. This phase should be completed in 2012 depending on market demands. A summary of the utilities and improvements for this first phase are as follows: • Construction of temporary water quality basins in all areas of proposed disturbance. • Installation of all required erosion and sediment controls in the entire work area in accordance with the SWPPP. • Clear construction staging area. • Bulk grading adjacent to US Route 9. • Rough-grade roadways. • Construction of proposed entrances onto US Route 9. • Construction of the sanitary lift station and installation of force main. • Preparation for lot development, bulk grading in the vicinity of the lots. • Sub-grading of all roads. • Installation of stormwater collection system in all the project roads. • Formation of Water Transportation Corporation, if necessary. • Installation of water mains. • Installation of sanitary sewer collection system throughout the phase of development. • Construction of slabs, driveways, units and landscaping. • Provide binder asphalt paving of all roads.
Phase II The second phase of the project will involve development of the middle lots. This phase should be completed in the middle of 2014 based on market demands. A summary of the utilities and improvements that will be constructed during this Phase include: • Construction of water quality basins in all areas of proposed disturbance. • Installation of all required erosion and sediment controls in the entire work area in accordance with the SWPPP. • Clear construction staging area. • Preparation for residential lot development and bulk grading.
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• Sub-grading of all roads. • Installation of stormwater collection system in roads in the development phase. • Extension of water mains to serve the phase of development. • Extension of sanitary sewer collection system to serve the phase of development. • Construction of Recreational area located in the center of the project. • Construction of road base sections for all roads. • Construction of houses and landscaping. • Pavement of all roads.
Phase III The third phase of the project will be the development of the remaining lots, roadways, sidewalks, etc. This phase will be completed in 2015 based on market demands. This phase includes construction of the following items: • Construction of water quality basins in all areas of proposed disturbance in the phase of development. • Installation of all required erosion and sediment controls in the entire work area in accordance with the SWPPP. • Preparation for residential lot development and bulk grading. • Construction of all water quality basins in the phase of development. • Sub-grading of all roads. • Extension of sanitary sewer collection system to serve the phase of development. • Extension of water mains to serve the phase of development. • Extension of stormwater collection system to serve the phase of development. • Construction of all walkways. • Construction of houses and landscaping. • Final paving of all roadways.
2.3.2 Construction Operations
2.3.2.1 Hours of Construction Activity For the most part, construction activities will be conducted during normal business hours such as Monday through Saturday, between 7:00 AM and 6:00 PM. Generally, construction will not occur on Sundays, holidays or during sensitive times, although certain construction activities may vary and certain critical equipment delivery and interior installation items may occur on Sundays. Highland Valley DEIS – Page 91
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Construction of certain phases may overlap at times due to market demand, scheduling, and site infrastructure interdependence. The Contractor will maintain the site in a neat and workmanlike manner at all times. Site generated debris shall be removed, as a minimum, on a weekly basis. All soil and erosion control measures will be maintained in accordance with the SWPPP. The Contractor will provide dust control measures such as water trucks, or other physical measures for the entire construction phase of the development.
2.3.2.2 Noise Control Construction noise will be controlled by ensuring that construction equipment is kept in good operating condition and all prescribed noise attenuation equipment is properly installed. Noise will also be controlled by limiting the construction schedule and hours of operation to “normal business hours” as described in the previous section.
2.3.2.3 Erosion Control Erosion control measures will be utilized to protect both the wetlands and topsoil from the proposed development. Stabilized stone construction entrances, silt fences, sediment traps and water quality basins will be constructed to prevent soil erosion, contamination of the wetlands and tracking of soil onto NYS Route 52 by day-to-day traffic to and from the site. The following measures will be utilized during the construction phase of the Highland Valley site:
Stabilized Construction Entrance – A stabilization pad will be constructed near the entrances onto US Route 9 and into the Highland Valley site, if applicable, to remove mud and debris from the tires of construction equipment before entering existing roadways.
Road grades – Silt fences will be erected at the toe of the new roadway slopes, starting approximately 100’ south of lot NYS Route 52 and continuing throughout the site for the local roads and service alleys.
Silt Fencing – Silt fencing will be installed in between the area of development and the wetland buffer. Hay bales may be used along with silt fencing to provide support for the silt fencing during a storm event.
Catch Basins – Catch basins will be protected with silt fencing to reduce the amount of sedimentation being conveyed to the on-site stormwater basins.
Stormwater Basins – Both temporary and permanent sedimentation basins will be installed throughout the project to trap and hold stormwater until the sediments are either filtered out or they settle out.
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Diversion Ditches – Temporary and permanent diversion ditches will be cut and maintained throughout the project site to divert stormwater to stormwater basins where the stormwater can be treated.
Stone Check Dams – Stone check dams will be installed in the diversion ditches to slow stormwater velocities to below the scour velocity of the underlying soil. Also, the stone check dams will filter the stormwater as it travels along the diversion ditches. When it is necessary to remove sediments from contaminated surface water the most efficient method is settlement. Temporary Sediment Traps are proposed to collect up to one-half inch of sediment-laden runoff from the contributing drainage shed. A sand and fabric filter provides positive drainage discharge from the sediment trap. The slow rate of discharge permits sediments suspended in the water to settle to the bottom of the sediment trap. Sediment traps are to be implemented during the construction phase. When complete, these traps will be cleaned and appropriately graded and converted into water quality basins. Erosion control measures, designed to minimize soil loss, and sediment control measures, devised to retain eroded soil and prevent it from reaching water bodies or adjoining properties, have been developed in accordance with the following documents: • New York State Guidelines for Urban Erosion and Sediment Control (April, 1997) • New York State General Permit for Stormwater Discharges, GP-0-10-001 (General Permit) (Stormwater Pollution Prevention Plan) • Reducing the Impacts of Stormwater Run-off from New Development, NYSDEC (April, 1992) The goals set forth in the erosion and sediment control plan are two fold. The first objective is to control erosion by minimizing the opportunity for soil to be transported by wind, rainfall, or run-off. This goal will be met by disturbing the minimal amount of land possible at any one time. Additionally, areas undergoing clearing or grading and where work is delayed or completed and will not be re-disturbed for a period of 21 days or more will be stabilized with temporary or permanent vegetative cover within 14 days. Second, erosion control measures have been incorporated into the plan to contain and trap the sediment as close to its place of origin, preventing it from reaching off-site watercourses or lands. These goals concur with the guidelines set forth by the NYSDEC “Reducing the Impact of Stormwater Runoff from New Development” manual. This objective will be met by installing the recommended sediment and erosion control structures prior to the initiation of construction and maintaining the protective measures during construction as indicated on the projects plans and details to ensure their stability and effectiveness.
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3.0 REQUIRED PERMITS & APPROVALS 3.1 LIST OF INVOLVED AGENCIES In addition to the Lead Agency’s responsibility for issuing Site Plan and Subdivision Approval, the following Agencies have been identified as responsible for issuing permits, approvals, and authorizations relative to the proposed project. Town of Fishkill Town Board 807 Route 52 Fishkill, New York 12524
Zone Change Authorization of Sewer and Water Transportation Corporations Sewer Rates
Town of Fishkill Planning Board 807 Route 52 Fishkill, New York 12524
Site Plan Approval Floodplain Development Permit SEQRA Related Documents
New York State Department of Environmental Conservation Region 3 Office 21 South Putt Corners Road New Paltz, NY 12561
State Pollution Discharge Elimination System (SPDES) Permit for Sanitary Disposal and Stormwater Discharges Water Supply Approval Permit
New York State Department of Transportation 4 Burnett Boulevard Poughkeepsie, New York 12603
Proposed Entrance onto US Route 9 Utility Work adjacent to and in the US Route 9 R.O.W.
New York State Health Department Bureau of Water Supply Protection Flanigan Square, 547 River Street Troy, NY 12180-2216
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New York State Department of Public Service 3 Empire State Plaza Albany, New York 12223-1350
Approval of Water Rates.
New York Secretary of State New York State Department of State 41 State Street Albany, New York 12207
Authorization for Transportation Corporation
Dutchess County Department of Health 387 Main Street Poughkeepsie, NY 12601
Water Distribution System Water Treatment Plant Wastewater Collection and Transmission Lines 3.2 LIST OF INTERESTED AGENCIES AND PARTIES The following Agencies have been identified as interested parties on all or a portion of the proposed Highland Valley project. They are as follows: Rombout Fire District Cedar Hill Road Fishkill, New York 12524
Environmental Advisory Board 807 Route 52 Fishkill, New York 12524
Dutchess County Planning Department 27 High Street Poughkeepsie, New York 12601
New York State Department of Environmental Conservation Division of Regulatory Affairs 625 Broadway Albany, New York 12233
New York State Department of Environmental Conservation Central Office, Commissioner of NYSDEC
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625 Broadway Albany, New York 12233-0001
New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau Peebles Island/PO Box 189 Waterford, New York 12188-0189
United States Army Corp. of Engineers Room 1937 26 Federal Plaza New York, New York 10278-0090
Robyn Niver U.S. Department of Fish and Wildlife 3817 Luker Road Cortland, New York 13045
4.0 SETTING, IMPACTS & MITIGATION 4.1 LAND USE & ZONING
4.1.1 Existing Conditions The project parcel is located on the west side of US Route 9 near the Dutchess/Putnam county line in the Town of Fishkill. The project is surrounded by rural vacant land, single family lots, mining activity and commercial lots. The site is comprised of four separate tax map parcels which have a combined area of 76.63. The site is currently operated as a soil mine know as Southern Dutchess Sand & Gravel. The site is currently permitted to continue mining on the site using subaqueous technology. There are approximately 5.5 acres forested areas and open water. The Clove Creek runs in a northerly direction along the westerly boundary of the project site.
4.1.1.1 Existing Site Conditions The predominant existing land use on the site is soil mining. There is an isolated wood- frame single-family residential site at the southeast corner of the project site on US Route 9. See Figures 4.1.1.1-1 and 4.1.1.1-2. The house is in good condition and is currently occupied. There is an attached garage under the existing house.
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Figure 4.1.1.1-1 & 4.1.1.1-2 - Existing Single-Family Residence
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The residence is served by an existing driveway on US Route 9. This driveway location will serve as the southern entrance to the proposed Highland Valley site. This proposed intersection will be a full-movement intersection. See Figure 4.1.1.1-3. Figure 4.1.1.1-3 - Existing Driveway Entrance US Route 9
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The soil mining site is served by an existing unimproved single lane entrance road. See Figure 4.1.1.1-4. Figure 4.1.1.1-4 - Existing Driveway Entrance to Soil Mine
4.1.1.1.1 Site Photographs Site photographs were taken throughout the site. Refer to Figure 4.1.1.1.1-1 for a map showing the location of the site photographs.
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Figure 4.1.1.1.1-1 – Site Photograph Location Plan
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Site Photograph - 1 – Looking South
Site Photograph - 2 – Looking Southwest Highland Valley DEIS – Page 101
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Site Photograph - 3 – Looking West
Site Photograph - 4 – Looking Northwest
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Site Photograph - 5 - Looking North
Site Photograph - 6 - Looking East Towards Route 9
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Site Photograph - 7 – Looking Southeast
Site Photograph - 8 – Looking South Highland Valley DEIS – Page 104
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Site Photograph - 9 - Looking South Southwest
Site Photograph - 10 - Looking Southwest Highland Valley DEIS – Page 105
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Site Photograph - 11 - Looking West
Site Photograph - 12 - Looking North Highland Valley DEIS – Page 106
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Site Photograph - 13 - Looking Northeast
Site Photograph - 14 - Looking Southwest Highland Valley DEIS – Page 107
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Site Photograph - 15 - Looking South Southwest
Site Photograph - 16 - Looking Southwest Highland Valley DEIS – Page 108
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Site Photograph - 17 - Looking Northeast
Site Photograph - 18 - Looking East Towards Route 9 Highland Valley DEIS – Page 109
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Site Photograph - 19 - Looking Northeast
Site Photograph - 20 - Looking West Highland Valley DEIS – Page 110
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Site Photograph - 21 - Looking Southwest
Site Photograph - 22 - Looking South Highland Valley DEIS – Page 111
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Site Photograph - 23 - Looking South Southeast
Site Photograph - 24 - Looking South Highland Valley DEIS – Page 112
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Site Photograph - 25 - Looking Southeast
Site Photograph - 26 - Looking East Highland Valley DEIS – Page 113
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Site Photograph - 27 - Looking Northeast
Site Photograph - 28 - Looking Northwest
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Site Photograph - 29 - Looking Southwest
Site Photograph - 30 - Looking South Southwest Highland Valley DEIS – Page 115
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Site Photograph - 31- Looking South
Site Photograph - 32 - Looking South Southeast
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Site Photograph - 33 - Looking East Southeast
Site Photograph - 34 - Looking East Highland Valley DEIS – Page 117
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Site Photograph - 35 - Looking Northeast
Site Photograph - 36 - Looking North Highland Valley DEIS – Page 118
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Site Photograph - 37 - Looking North
Site Photograph - 38 - Looking Northwest Highland Valley DEIS – Page 119
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Site Photograph - 39 - Looking Northeast
Site Photograph - 40 - Looking East Highland Valley DEIS – Page 120
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Site Photograph - 41 - Looking Southeast
Site Photograph - 42 - Looking South Highland Valley DEIS – Page 121
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Site Photograph - 43 - Looking South Southwest
Site Photograph - 44 - Looking Southwest
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Site Photograph - 45 - Looking Southeast
Site Photograph - 46 - Looking South Highland Valley DEIS – Page 123
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Site Photograph - 47 - Looking South Southwest
Site Photograph - 48 - Looking Southwest Highland Valley DEIS – Page 124
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Site Photograph - 49 - Looking Northwest
Site Photograph - 50 - Looking North Highland Valley DEIS – Page 125
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Site Photograph - 51 - Looking Northeast
Site Photograph - 52 - Looking East Highland Valley DEIS – Page 126
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Site Photograph - 53 - Looking North
Site Photograph - 54 - Looking Northeast Highland Valley DEIS – Page 127
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Site Photograph - 55 - Looking East
Site Photograph - 56 - Looking Southeast Highland Valley DEIS – Page 128
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Site Photograph - 57 - Looking South
Site Photograph - 58 - Looking South Southwest Highland Valley DEIS – Page 129
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Site Photograph - 59 – Looking Southwest
Site Photograph - 60 - Looking West Southwest Highland Valley DEIS – Page 130
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Site Photograph - 61 - Looking West
Site Photograph - 62 - Looking Northwest Highland Valley DEIS – Page 131
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Site Photograph - 63 - Looking North
Site Photograph - 64 - Looking Northwest Highland Valley DEIS – Page 132
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Site Photograph - 65 - Looking North
Site Photograph - 66 - Looking Northeast Highland Valley DEIS – Page 133
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Site Photograph - 67 - Looking East
Site Photograph - 68 - Looking East Southeast Highland Valley DEIS – Page 134
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Site Photograph - 69 - Looking Southeast
Site Photograph - 70 - Looking Southwest Highland Valley DEIS – Page 135
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Site Photograph - 71 - Looking Northwest
Site Photograph - 72 - Looking West Highland Valley DEIS – Page 136
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Site Photograph - 73 - Looking Northwest
Site Photograph - 74 - Looking South Highland Valley DEIS – Page 137
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4.1.1.2 Surroundings Existing land uses along US Route 9 can be broken down into three distinct categories within one-half mile of the site. Commercial land use is the dominant land use. Mining is the secondary land use and then residential is the third category.
4.1.1.3 Existing Zoning The existing zoning of the property is GB/R-4 which allows commercial development and 4 acre residential development. As part of this application the Project Sponsor is seeking to rezone the property to RMF-5 zoning.
4.1.1.4 Other Major Developments A number of other commercial developments are proposed or under construction in both the Village and the Town of Fishkill. These projects include:
Manor Estates – 200 Multi-Family Units – Jackson Road – Town of Fishkill. Dutchess Mall Re-development – US Route 9 – Town of Fishkill Via Nove – Commercial Redevelopment – US Route 9 and NYS Route 52 - Village of Fishkill
4.1.1.5 Traffic Highland Valley is a proposed 210 dwelling unit single family development which is planned to be constructed on the Southern Dutchess Mine property which is located on the west side of U.S. Route 9 south of the Thalle facility. Access to this site is proposed via a full movement access driveway to U.S. Route 9, site borders the Dutchess and Putnam County line. See the Traffic Impact Study prepared by John Collins Engineering in the appendices of this report.
4.1.1.5.1 Existing Conditions In order to identify current traffic conditions in the vicinity of the site, representatives of John Collins Engineers, P.C. collected Weekday turning movement traffic counts on Thursday, January 8th, Friday the 9th, Wednesday the 14th and Friday the 16th of 2009 for the following intersections in order to identify current traffic conditions in the vicinity of the site. The surveys were collected between 6:45 and 9:15 AM for the weekday morning hours and 3:30 and 6:30PM for the weekday afternoon hours. These volumes were compared with other historical counts including counts collect in 2006 and 2008 and used together to establish the Existing Volumes. U.S. Route 9 and Merritt Boulevard U.S. Route 9 and Schuyler Boulevard/Westage Business Center U.S. Route 9 and I-84 (WB on Ramp)/Hotel Driveway U.S. Route 9 and I-84 (WB off Ramp) U.S. Route 9 and I-84 (EB on/off Ramp) Highland Valley DEIS – Page 138
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U.S. Route 9 and Snook Road/I-84 (EB off Ramp) U.S. Route 9 and Van Wyck Lake Road/Dutchess Mall North Driveway U.S. Route 9 and Dutchess Mall (Center Driveway) U.S. Route 9 and Dutchess Mall (South Driveway) U.S. Route 9 and Thalle Driveway Based on a review of these data, the existing Weekday Peak Hours of the surrounding roadway network were generally identified as follows: Peak AM Highway Hour -- 7:15 AM - 8:15 AM Peak PM Highway Hour -- 4:30 PM - 5:30 PM The resulting Year 2009 Existing Traffic Volumes are shown in the Traffic Impact Study in the appendices of this report.
4.1.1.5.2 Traffic Impacts due to Background Growth In order to determine impacts generated by background growth only, future developments have been considered in the vicinity of this site that would affect the intersections studied in the traffic report. These areas of development include the Dutchess Mall re-development and Manor Estates, Jackson Manor/Village Square and the Via Nove re-development, the last three of which are located in the Village of Fishkill. The traffic generated from these developments is considered background growth.
4.1.1.5.3 Cumulative Traffic Impacts In order to demonstrate the cumulative traffic impacts to the roadway network in the vicinity of the Highland Valley project, it was necessary to add site-generated traffic impacts to the background growth traffic impacts. Site generated traffic volumes for the proposed developments were assigned to the roadway network based on the arrival and departure distributions. Based on results of the field inspections and the results of the capacity analysis contained herein, certain signal improvements will be required to help improve traffic flow and to accommodate the additional traffic generated by the proposed development. These should be addressed regardless of the proposed development and will have to be coordinated with the New York State Department of Transportation. Refer to the Level of Service Summary Table on the following page.
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It should also be noted that Highway Work Permits will have to be obtained from the New York State Department of Transportation for the driveway reconstruction and other work within the State Right-of-Way. Highland Valley DEIS – Page 140
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The resulting site-generated traffic volumes are shown in the Traffic Impact Study in the appendices of this document.
4.1.2 Land Use and Zoning Impacts The Highland Valley project is the site of the Southern Dutchess Sand & Gravel mine. Currently the Project Sponsor, has a permit to begin subaqueous mining at the site. As an alternative, the Project Sponsor is proposing the Highland Valley development which will consist of a multi-generational, affordable 210 residential development. The four parcels which make up the Highland Valley project site are currently zoned GB/R-4 which allows commercial development and 4-acre residential development. The Project Sponsor is seeking to re-zone the parcels to the RMF-5 zoning. This will allow the development of a mobile home park as outlined in Section 106 of the Town of Fishkill Zoning Code. The project will be designed in accordance with Section 106 (Mobile Home Parks) of the Town of Fishkill Zoning Code. The project site is located in an accessible area of Fishkill, with US Route 9, Interstate-84 and the Taconic State Parkway nearby. The proposed development would create a new network of streets (that will remain private) to service the residents of the proposed development. The streets will consist of (2) 11’ travel lanes with a 4’ wide pedestrian/bicycle lane on one side of the primary roadways.
4.1.2.1 Other Major Developments Most of the developments currently under consideration are commercial in nature and will not increase the total population or school-aged children in the Town of Fishkill. The proposed Manor Estates project, currently under review by the Town of Fishkill Planning Board, will create approximately 200 residential units on Jackson Avenue in the Town of Fishkill. This project will generate approximately 566 persons and 56 school-aged children to the Town of Fishkill and the Wappingers Central School system, respectively49. The traffic impacts for these developments were analyzed in the Traffic Impact Study prepared by John Collins Engineering, PC, included in the appendices of this report.
4.1.2.2 Land Use Cumulative Impacts There are no major developments within one-half mile of the Highland Valley project site. Development of the Highland Valley property in conjunction with the other developments in Town, may create cumulative impacts in the immediate area and throughout the Town. Proper site design will minimize many of these impacts. Full development of the Highland Valley residential project will create 210 new homes. The residential portion of the project would increase the population of the Town of Fishkill by approximately 56050 residents. No further development of the site would take place.
49 Rutgers University, Center for Urban Policy Research, June 2006 50 From the Dutchess County Planning Department’s 2000 Census information for the Town of Fishkill. Highland Valley DEIS – Page 141
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4.1.2.3 Soils The cumulative impacts with respect to Soils are minimal since the one other application is within one-half mile of the site.
4.1.2.4 Surface Waters The cumulative impacts shall be kept to a minimum since all projects in development and all projects from this point forward will be required to comply with the new Phase II stormwater runoff guidelines. The Highland Valley project will be designed to conform to these new guidelines.
4.1.2.5 Land Use and Zoning Mitigation Measures
4.1.2.5.1 Land Use Given the number of mitigative features that have been incorporated into the design of the proposed Highland Valley project, further mitigation measures for land use are not necessary. The proposed development will preserve 24.48 acres of the 76.63-acre project site as open space. In addition, significant natural buffer areas and existing soil berms will help screen the proposed development from adjacent property owners and US Route 9.
4.1.2.5.2 Comprehensive Planning and Zoning The proposed development is consistent with the goals and policies set forth in the two comprehensive planning documents described below. Both plans called for greater use of cluster subdivision development techniques; preservation of wetlands and other natural resources; and protection of local water supplies.
4.1.2.5.3 Town of Fishkill Comprehensive Plan The proposed development embodies the major concepts of the Town of Fishkill Comprehensive Plan. See section 1.5.3.1 of this document. The proposed development will help to preserve about 24.48 acres of land as open space. The project will create a recreational corridor along the Clove Creek which will be accessible to both the residents of the project as well as the Town of Fishkill residents. The Highland Valley project will introduce multi-generation affordable housing to the Town of Fishkill. With its proximity to US Route 9, Interstate – 84 and the Taconic State Parkway, the proposed development is also consistent with the Comprehensive Plan’s goal of locating residential projects near major roads, open space and recreational amenities. The Town adopted the “Greenway Compact” for the Town of Fishkill. The following Greenway concepts shall be used as part of the preparation of the residential subdivision plan:
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¾ Open Space – This project has been designed to conserve as much open space as possible.
¾ Central Utilities - Central water and sewer facilities are proposed for this project. This will allow the sponsor to cluster the project and to provide open space.
¾ Water Supply Protection - Wellhead protection areas are being proposed to protect the aquifer underlying the project site.
¾ Street Trees - Street trees are proposed to be spaced between 50’ and 75’ increments. However, no uniform spacing will be used in order to make the tree placement more natural and to avoid obvious site constraints.
¾ Preservation of Stream Corridors - This project proposes to protect the stream corridor located in the open space.
¾ Preservation of Habitat - This project proposes to preserve approximately 177 acres of undeveloped habitat.
4.1.2.5.4 Dutchess County Master Plan The proposed development is also consistent with Dutchess County's 1985 comprehensive plan, Directions. The project would comply with Directions' goal of preserving the quality of surface and groundwater resources, as mentioned above in relation to Fishkill's similar planning goal. The project would also accord with Directions' goal of maintaining an adequate supply of clean, reasonably priced water. Because the project is consistent with Fishkill's stated planning preference for clustered residential design, the proposed development would support Directions' goal of promoting a land use pattern that strengthens centers, preserves important natural resources, and protects community values. Directions called for the achievement of consistently high-quality site planning to promote beauty and ensure compatibility with surrounding land uses. The site plan proposed for the Highland Valley development achieves this goal. Finally, the project complies with Directions by offering diversity in the Town of Fishkill housing market through the inclusion of multi- generational affordable housing. As stated above, the proposed development embodies the goals of providing affordable housing and clustering and conservation of land as outlined in the Town of Fishkill's Comprehensive Plan. As such, no further mitigation measures are necessary. Similarly, the proposed development conforms to Dutchess County’s comprehensive plan, thus requiring no further mitigation.
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4.2 SOILS AND TOPOGRAPHY
4.2.1 Existing Soil & Topographic Conditions Soils
4.2.1.1 Subsurface According to the United States Department of Agriculture (USDA) Dutchess County Soil Survey51, five soil types are identified on the project site as illustrated on Figure 4.2.1.1-1, “Soil Map.” Bedrock in the area of the proposed “Highland Valley” property consists of limestone and dolomite mapped within the Wappinger Group as a Cambrian to Lower Ordovician aged rock. The surface soils vary in depth but in general average about 7’ deep. The soils vary from a silty clay to a sandy run-of-bank material. There are a few bedrock outcroppings on the site, indicating that the bedrock layer varies with slope. As mentioned earlier, the bedrock formation is a limestone and dolomite. Refer to figure 4.2.1.1-1 for a map of the site soils.
51 USDA Natural Resource Conservation Service. Soil map for Dutchess County, New York. Highland Valley DEIS – Page 144
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Figure 4.2.1.1-1 – Site Soils
Soil Type Map Unit Nam Fr Fredon Silt Loam KrA Knickerbocker Fine Sandy Loam, nearly level KrD Knickerbocker Fine Sandy Loam, nearly level Ps Pits, gravel Wy Wayland Silt Loam
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4.2.1.2 Surface The site soils consist of differing types of soils and rock outcroppings. The following offers a detailed description and location of the various soil classifications identified for this site. Refer to figure 4.2.1.1-1 on the previous page to identify their location. Table 4.2.1-1 - Site Soils at the Highland Valley Site52
Soil Type Soil Characteristics This is a very deep, somewhat poorly drained loamy over sandy Fredon Silt Loam soils formed in outwash. Permeability is moderate. (Fr) The erosion potential is generally low. This is a very deep, excessively-drained fine sandy loam soil Knickerbocker formed in outwash. Slopes are 0% to 2%. Permeability is rapid Fine Sandy Loam to moderately rapid in the surface layer and upper subsoil, and (KrA) rapid or very rapid in the lower subsoil and substream. This is a very deep fine sandy loam, excessively well-drained loamy soil formed in outwash. Permeability is moderately rapid Knickerbocker in the surface layer and upper subsoil and rapid or very rapid in Fine Sandy Loam the lower subsoil and substratum. (KrD)
Slopes range from 15% to 30%. Pits Gravel This area consists of areas where the sand and gravel has been (Ps) mined. This soil is very deep, nearly level. The soil is poorly drained and very poorly drained soils formed in recent alluvium. Permeability is moderately slow to moderate in the surface layer and slow in the subsoil and the substratum. The soil is subject Wayland Silt Loam to frequent brief to long flooding from November to June. (Wy) Seasonal high water table at +0.5 to 1.0 foot from November to June.
This soil is Hydric.
52Dutchess County Soil Survey, Dutchess County Soil and Water Conservation District, September 1991 Highland Valley DEIS – Page 146
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Table 4.2.1-2-Percentage of Site Soils at the Project Site
Soil Type % of the Property Fr 2.7% KrA 11.4% KrD 21.6% Ps 43% Wy 21.3%
The largest single soil type that will be disturbed is the Galway-Farmington and Farmington- Galway complexes. The majority of soil disturbance will be associated with the construction of residential dwellings and roads. It is anticipated that the majority of rock removal on the site will be achieved through mechanical means (i.e., hydraulic hammers). However, the proposed location for the utility lines in some areas of the project may encounter rock which will require some minor blasting. The site contains approximately 25.3 acres of “prime agricultural” soils (as identified in the “Dutchess County Soil Survey” on pages 9-16, right-most column; also refer to footnotes 2 and 5). Prime Farmland is defined by the U.S. Department of Agriculture as “…soils that are best suited for producing food, feed, forage, fiber, and oilseed crops…”53 These soils are identified as Knickerbocker Fine Sandy Loam (KrA and KrD). While the project would develop these soils, the project site has not been farmed as prime or important agricultural land. The remaining land is not prime agricultural land and is not considered tillable. In brief, the development of this parcel does not deplete the current inventory of agricultural lands in the region.
4.2.1.2.1 On-Site Soil Test Pits On-site soil test pits were not conducted on this site since testing was done as part of the subaqueous mining permit application. The site is comprised of sand and gravel well below the water table.
4.2.1.2.2 Soil Limitations The following section describes limitations of each soil unit mapped within the project area. Fredon silt loam (Fr) – The main limitations associated with this mapping unit are frequent flooding and the high seasonal high water table if used for dwellings with basements, septic tank absorption fields, or local roads and streets. Slow percolation is also a limitation for septic tank absorption fields. Frost is an additional limitation for local roads and streets. Knickerbocker Fine Sandy Loam (KrA) – The main limitation for this soil type is that it drains too excessively and possibly too sandy.
53 Dutchess County Soil Survey, DRAFT, September, 1991
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Knickerbocker Fine Sandy Loam (KrD) – The main limitation for this soil type is that it drains too excessively and possibly too sandy. Pits, gravel (Ps) – On-site investigation is needed to determine the suitability of this unit for most uses. Poor filtering is a severe limitation for septic tank absorption fields. Wayland (Wy) – Flooding and ponding are the main limitations associated with this unit if used for dwellings with basements, septic tank absorption fields, or local roads and streets. Low bearing strength is a limitation for local roads and streets. This unit also maintains slow percolation for septic tanks. The construction limitations for shallow excavations are severe ponding.
4.2.1.3 Agricultural Soils Of the approximately 25.3 acres of agricultural soils on the project site, 100% of it will be disturbed. The remaining acreage is not prime agricultural soils and are not considered tillable. As such, development of this parcel does not deplete the current inventory of agricultural lands in the region. No additional mitigation measures are proposed.
4.2.1.4 Topography The majority of the site (approximately 63 acres) has slopes ranging from zero to ten percent. Approximately 10 acres of the site are comprised of slopes ranging from ten to fifteen percent and approximately 3 acres of the site has slopes greater than 15 percent. Rock outcrops are not visible on the project site.
4.2.1.5 Unique Features There are no unusual or unique land formations on the Highland Valley project.
4.2.1.6 Description of Surrounding Topography The project is located at the eastern base of Bald Hill. Generally, the topography of the surrounding area varies depending on location. The site is located in the valley between Bald Hill and the mountains to the east of US Route 9. The site is relatively flat, when compared to the surrounding mountains. To the south of the site lies Putnam County relatively flat. To the west of the project is Bald Hill which is very steep terrain and is also predominately exposed rock. The area to the north of the project site has minor relief and is primarily open. The area to the east of the project site is also relatively steep where the elevation dramatically increases as you move eastward.
4.2.2 Soils and Geologic Impacts
4.2.2.1 Land Disturbance & Site Grading The largest single soil type that will be disturbed is the Pits, gravel. The majority of soil disturbance will be associated with the construction of residential dwellings and roads. It is
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anticipated that the majority of the site will be sand and gravel and excavation will be achieved through mechanical means (i.e., hydraulic equipment). It is anticipated that the majority of the utility lines will also be in sand & gravel.
4.2.2.2 Soil Erosion and Control The site is most vulnerable to soil erosion during regrading of the site and during construction of roadways and utilities. The development of the project will require the use and maintenance of soil erosion and control measures as outlined in the Stormwater Pollution Prevention Plan included in the appendices of this document.
4.2.2.3 Slope Stabilization Slope stabilization may be required in certain areas of the development during regrading and site excavation. These measures will be outlined in the Stormwater Pollution Prevention Plan.
4.2.2.4 Blasting Blasting is not anticipated on the site.
4.2.2.5 Increased Impervious Area There are approximately 15.3 acres of new impervious surfaces proposed with the Highland Valley project. The majority of this area is proposed rooftops, new roadways and driveways.
4.2.2.6 Cut and Fill Requirements In the proposed areas of disturbance, large cuts and fills will be required to grade reasonable slopes between the roadways and the proposed units. The existing mine floor will be raised between 3’ and 10’ above its current elevation. The site is designed in a manner to balance the quantity of cut or excavated material with the quantity of fill material on the site. The proposed roadways will be constructed to generally follow the existing grades of the site.
4.2.2.7 Time Frame and Phasing Impacts The Phasing of the project would involve the disturbance of the site for approximately five years once approvals are granted. Refer to section 2.3.1 of this document for a discussion of the proposed phasing of the project.
4.2.2.8 Cumulative Impacts The cumulative impacts with respect to soils are minimal since there are no other applications within ½ mile of the site.
4.2.3 Soils and Geologic Mitigation Measures The greatest mitigation measure to soils and geology is in the overall design of the cluster layout when compared with other residential alternatives considered. The cluster layout will Highland Valley DEIS – Page 149
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decrease the disturbance to soils and geology due to the construction of fewer roads and stormwater control structures. Slopes for all developed areas will generally not exceed five percent, with side slopes not exceeding two horizontal to one vertical. Slopes on the internal roads will not exceed the Town requirement of ten percent. The following section describes additional mitigation measures taken to reduce impacts.
4.2.3.1 Grading Plan Conversion of the existing grade of the site is an irreversible impact of site development. However, all construction and development will be completed utilizing erosion control measures as outlined in the Stormwater Pollution Prevention Plan and as described in the next section. After proper grading and preparation of the lots for residential dwelling units, the slopes for each driveway will not exceed 5% grade and the internal roads will not exceed 10% with side slopes not exceeding 2:1. Efforts will be made to achieve 3:1 side slopes wherever possible.
4.2.3.2 Erosion Controls During construction, erosion will be controlled through the implementation of various erosion control methods consistent with the Soil and Water Conservation Service54 recommendations including: • After proper grading and preparation of the lots for residential dwelling units, the grade for each driveway will not exceed 15% and the grade for the internal roads will not exceed 10% with side slopes not exceeding 2:1. Efforts will be made to achieve 3:1 side slopes wherever possible. Side slopes of 2:1 or steeper will be used in competent rock. • The contractor and Project Engineer on a weekly basis and following each rainfall event to measure proper performance shall inspect all erosion control measures employed during the construction process. Erosion control shall be repaired and maintained as necessary by the contractor; • During construction, as the road subgrade is formed by excavation, drainage ditches will be cut on the downhill side of the street at intervals of fifty feet so that rainwater falling on exposed soils will drain off at frequent interval into the underbrush instead of being allowed to accumulate as it travels down to a central discharge point; • During construction, as the road subgrade is formed by fill, work shall proceed quickly and the side slopes seeded with a quick germinating rye (10 to 15 pounds per 1000 square feet). During this time any gullies or washes that develop are to be filled and the surface graded to prevent wash in the same location; • Temporary drainage swales with a minimum grade of one percent, to direct runoff away from excavated areas, will be provided. Swales will be installed with staked and secured straw bale berms to prevent downstream siltation. Location of the drainage swales and straw bales will be at the direction of the Project Engineer;
54New York Guidelines for Urban Erosion and Sediment Control, Empire State Chapter Soil and Water Conservation Society, October 1991.
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• Straw bales will be placed in a row with ends tightly abutting the adjacent bales. Each bale will be embedded in the soil a minimum of 4". Bales will be securely anchored in place by stakes or re-bars driven through the bales. The first stake in each bale should be angled toward the previously laid bale to force the bales together. Inspection should be frequent and repair or replacement should be made promptly as needed. The bales should be removed when they have served their usefulness so as not to block or impede storm flow or drainage; • Reverse slope benches of diversion swales will be provided wherever the vertical height of any 2:1 slope exceeds twenty feet; thirty feet for slopes of 3:1; and forty feet for slopes of 4:1. Benches or swales will be located to divide the slope face into equal sections to convey runoff to stable outlets. Benches will be a minimum of six feet wide to provide for maintenance. Benches will be designed with a reverse slope of not more than 6:1. Bench gradient to the outlet will be between two and three percent. The flow length of any bench or swale will not exceed 800 feet; • If the construction process exposes significant soil areas for any length of time, increased potential for erosion and dust creation will occur. The contractor shall provide, at the Project Engineer’s direction, supplemental surface treatments (such as hay bale lines, temporary swales or rip-rap intercept pools, and dust control measures) as may be required; • Erodible material temporarily stockpiled on the site during the construction process shall be located in an area away from storm drainage and shall be properly protected from erosion by a surrounding silt fence barrier; • The storm drainage system will be installed and rendered functional as soon as possible with silt traps provided around each inlet; • Grading will be finalized, topsoiled, and seeded as quickly as possible; • Stockpiled topsoil will be temporarily seeded and the piles enclosed with silt fencing; • All grass seed will contain at least 25 percent rapid germinating perennial rye grass; • Erosion controls shall be removed at the end of the site construction process only as approved by the Project Engineer, and will be done so only when upgradient surfaces are properly stabilized and all stormwater management systems are in place and operable; • At the completion of the project, the temporary siltation basins will be cleaned and restored with fill, topsoil, and vegetation that are most appropriate to the individual areas; • Prior to construction, stabilized construction entrances will be installed, to reduce the tracking of sediment onto public roadways; Construction operations will be scheduled in order to minimize the amount of disturbed areas at any one time during the course of work. Existing vegetation will be preserved where possible; and temporary soil stabilization practices, such as mulching, seeding, and spraying (water), will be utilized to control dust.
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Prior to initiation of construction activities, riprap outlet sediment traps will be constructed. The purpose of these structures is to intercept sediment-laden runoff and allow it to settle out of the surface runoff prior to being discharged from the site. The outlets for the traps will be lined with riprap, which will discharge onto a stable area. The riprap outlet sediment traps will be designed in accordance with the New York State Guidelines for Urban Erosion and Sediment Control.
4.2.3.3 Stormwater Pollution Prevention Plan (SWPPP) A Stormwater Pollution Prevent Plan has been prepared and can be found in the appendices of this document. This Plan identifies and details the measures proposed to reduce the impacts of soil erosion as a result of the proposed project. A number of erosion and sediment control measures have been incorporated into the design of the project to minimize soil erosion and to control sediment transport off-site during construction. The Plan includes limitations on the duration of soil exposure, criteria and specifications for placement and installation of the erosion control measures, a maintenance schedule, and specifications for the implementation of erosion and sediment control practices and procedures. The site has been designed to maintain vegetated buffers adjacent to the on-site wetlands to the fullest extent possible. The erosion control measures incorporated into the plan will contain and trap the sediment as close to its place of origin, preventing it from reaching off-site watercourses or lands. This goal is consistent with the guidelines set forth by the NYSDEC55. Erosion control measures, designed to minimize soil loss, and sediment control measures, devised to retain eroded soil and prevent it from reaching water bodies, wetlands or adjoining properties, have been developed in accordance with standard practice. The goal of the SWPPP is to minimize the impact of the quality of run-off exiting the site into watercourses, wetlands and off-site properties during construction and after development is complete. This objective will be met by several methods. Stormwater Basins will function as sediment basins during construction and remain to treat the "first flush" pollutants after development is complete. Temporary and permanent erosion control measures, including structural and non-structural methods, will be installed prior to and during construction to minimize erosion and control sediment transport.
4.2.3.3.1 Forebays and Stormwater Basins Forebays will be used in the stormwater basins to intercept sediment-laden run-off and reduce the amount of sediment leaving the site during construction. The proposed basins will control pollutants generated from impervious areas after development is complete. The basins will be cleaned of sediment after construction to restore the volume required so it will perform as designed after construction. The basins will be designed to capture the "first flush" runoff volume from the site's impervious areas. The basins will provide proper
55 "Reducing the Impact of Stormwater Runoff from New Development" manual, New York State Guidelines for Urban Erosion and Sediment Control (April, 1997) New York State General Permit for Stormwater Discharges, GP-0-10-001 (General Permit) Appendices D, E, and F (Stormwater Pollution Prevention Plan) Reducing the Impacts of Stormwater Run-off from New Development, NYSDEC (April, 1992) New York State Stormwater Design Manual (2002)
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pollutant treatment in accordance with the NYSDEC "Guidelines for Reducing the Impacts of Stormwater Runoff." The site will be designed to minimize disturbance of existing slopes in excess of 25 percent. Excavation operations will proceed in a manner to maintain the slopes of excavations to the soil's angle of repose or less. Existing steep slopes that are disturbed during construction and steep slopes created by earthwork operations will be stabilized quickly to minimize excessive soil erosion and slope instability. Methods may include the temporary or permanent installation of vegetation, rip-rap armoring or matting. Stormwater runoff from upgrade areas will be directed away from the steep sloped areas during disturbance.
4.2.3.3.2 Sediment & Erosion Control & Best Management Practices Impacts to soils and geology will be minimized through erosion control measures and the establishment of BMPs. As outlined in the March 10, 2003, “Phase II Stormwater Regulations,” the Project Sponsor is proposing to implement the following erosion control measures: • Establish a construction phasing plan describing the intended sequence and schedule of construction activities, including clearing, grubbing, excavation and grading, utility and infrastructure installation and any other activity to reduce on-site erosion and off- site sedimentation by performing land-disturbing activities and installing erosion control practices in accordance with a planned schedule. • There shall not be more than five (5) acres of disturbed soil at any one (1) time without prior written approval from the NYSDEC. • Avoid construction on steep slopes. • Protect existing vegetation- Areas where existing vegetation will be preserved will be shown on the grading plans. The following is a list of measures to be implemented during construction to be followed in and around these sensitive areas: • Placement of safety fence along the perimeter of protected zones and non- construction or non-disturbance areas. • Routine inspection schedule for compliance. • Remedial measure for repair and maintenance. The mitigation proposed for the removal and stockpiling of topsoil is the placement and protection of this soil in locations to ensure the ability for the reclamation of the topsoil upon the graded areas of the site. This can be achieved by the following: • Locate topsoil in areas which do not receive direct runoff from swales or streams. The topsoil shall be protected with diversion swales if necessary. • Locate topsoil areas beyond proposed grading activities for roadways and driveways. • Enclose topsoil areas with silt fencing to minimize erosion potential. • Seed topsoil to reduce erosion if stored for prolonged periods.
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• Stabilization – stabilization measures will be employed as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case longer than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. • On a weekly basis and within 24 hours following each rainfall event, the contractor will inspect all erosion control measures employed during construction activities to measure proper performance. 56 • In areas where construction would take place in “wet soils,” curtain drains or subsurface drainage will be installed to drain the soils. • Disturbed areas are to be conveyed to sediment traps. During construction, as the road sub-grade is formed by fill, work will proceed quickly and the side slopes will be seeded with a quick germinating rye (10 to 15 pounds per 1000 square feet). Concomitantly, any gullies or washes that develop will be filled and the surface graded to prevent wash in the same locations. To direct runoff away from excavated areas, temporary drainage swales will be installed with a minimum grade of one percent where feasible. A permanent vegetative covering is required where the channel grade is between 0.2 percent and three percent. Location of the drainage swales will be at the direction of the Project Engineer or as supplemented by the Town Engineer. Reverse slope benches of diversion swales will be provided wherever the vertical height of any 2:1 slope exceeds 20 feet; 30 feet for slopes of 3:1; and 40 feet for slopes of 4:1. Benches or swales will be located to divide the slope face into equal sections to convey runoff to stable outlets. Benches will be a minimum of six feet wide to provide for maintenance. Benches will be designed with a reverse slope of not more than 6:1. Bench gradient to the outlet will be between two and three percent. The flow length of any bench or swale will not exceed 800 feet. Develop surface roughening practice based on site conditions and equipment availability No more than five acres of soil shall be exposed at one time without prior written approval from the NYSDEC. Therefore, phasing of construction activities should be considered. Should the construction process expose a significant soil area for any length of time, increased potential for erosion and dust creation could occur. The contractor will provide, at the Town Engineer or Project Engineer’s direction, supplemental surface treatments (i.e., temporary swales or rip-rap intercept pools, and appropriate dust control measures) as may be required.
4.2.3.3.2.1 Post-Construction After construction, erosion control measures will be consistent with the recommendations in the New York Guidelines for Urban Erosion and Sediment Control,57 including:
56New York Standards and Specifications for Erosion and Sediment Control, Empire State Chapter Soil and Water Conservation Society, 2003. 57 New York Standards and Specifications for Erosion and Sediment Control, Empire State Chapter Soil and Water Conservation Society, 2003. Highland Valley DEIS – Page 154
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Annual inspections of the stormwater collection system to ensure proper operation. All catch basin sumps will be cleaned when they reach 50% capacity. All rip-rap at outfalls will be either cleaned or replaced when it becomes overburdened with silt or sediment. All drainage areas damaged by erosion will be repaired. All silt or sediment accumulations will be cleaned from stormwater quality management basins. All drainage swales will be kept free of debris and the vegetation should be maintained to allow unobstructed flow of stormwater. Any slopes or embankments which have damaged vegetation will be re-seeded as necessary. All grass swale areas will be mowed so that they facilitate an unobstructed flow of stormwater. The stormwater basin will be maintained by the Home Owner’s Association.
4.2.3.3.3 Siltation Fencing and Diversion Swales Silt fencing shall be installed at the perimeter of all areas of disturbances. Diversion swales shall be installed to divert stormwater runoff into temporary or permanent sedimentation basins.
4.2.3.3.4 Disposal of Construction Generated Debris All construction-generated debris shall be disposed of in a NYS approved landfill. The Contractor shall utilize roll-off dumpsters for construction debris. Construction and demolition debris that is not appropriate for use as fill on the site will be removed and disposed of off-site at an approved facility.
4.2.3.3.5 Site Reclamation Site reclamation shall be done utilizing on-site topsoil stockpiled during the regarding phase of construction. Site reclamation shall be completed as soon as rough grading has been completed. Topsoil stripped during clearing and grading activities will be stockpiled on-site for restoration and landscaping of the project. Silt fencing shall be installed around all stockpiles in accordance with the Stormwater Pollution Prevention Plan.
4.2.3.3.6 Disturbance of Non-Construction Areas Prior to construction, the Contractor will place both siltation fencing and orange safety fencing between the areas of proposed disturbance and the areas of non-construction. This barrier will be maintained during the construction phase of the project.
4.2.3.3.7 Steep Slopes Construction will be avoided on steep slopes, where possible. In the event that steep slopes cannot be avoided, proper slope stabilization measures shall be used to prevent erosion of steep slopes. Highland Valley DEIS – Page 155
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4.2.3.4 Temporary Construction Access Temporary construction signage will be provided to alert motorists of potential construction traffic and the location of the construction access. The Phasing Plan identifies the proposed construction accesses for each phase of construction. Construction accesses will be stabilized in accordance with NYSDEC requirements and will provide anti-tracking measures to minimize soil loss from the site. 4.3 GROUNDWATER
4.3.1 Existing Conditions
4.3.1.1 Location & Description of Aquifers & Recharge Area The Project Sponsor has made an agreement to connect to the Village of Fishkill water supply system in lieu of developing a private water supply for the project. It is estimated that the project site will require an averaged daily flow of 49,35058 gallons of water per day. The parcel is located in the southwestern portion of Dutchess County. A significant creek (the Clove Creek) is immediately adjacent to the project site. The project overlies a significant sand & gravel deposit which can typically provide large amounts of water. The Village of Fishkill obtains it water supply from a well field which is unconsolidated sand and gravel deposits along the Clove Creek approximately 1 mile north of the Highland Valley site. It is anticipated that if the Project Sponsor were to opt to utilize a private water company, a sand & gravel well field could be developed on the site comparable to the Village of Fishkill since it is in the same area and overlies the same unconsolidated sand & gravel material. A hydrogeologic assessment of the parcel would be conducted by an hydrogeologist prior to the development of a well field for the Highland Valley project.
4.3.1.1.1 Aquifer Types Groundwater in the project area is developed from two aquifer types; sand and gravel aquifers and bedrock aquifers. The sand and gravel aquifers are the most prolific in Dutchess County.
4.3.1.1.2 Sand and Gravel Aquifers Sand and gravel aquifers, also called unconsolidated stratified-drift deposits, are the best source for development of large quantities of ground water. To be viable high-yield aquifers, unconsolidated deposits must contain pores or open spaces which can fill with water, and these openings must be large enough to permit water to move toward wells at an adequate rate. Individual pores in a fine-grained material like clay or silt are extremely small and, although the water content is high, water cannot move readily
58 2.75 Bedrooms per unit x 130 gallons per day per bedroom x 210 units = 49,350 gallons per day
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through the tiny pore spaces. This means clay and silt formations will not yield adequate water for development of high-yielding wells. Coarser sand and gravel material contains less water storage but has larger open spaces through which water can move readily. Therefore, saturated coarse sand and gravel formations are more suitable for development of high-yielding wells.
4.3.1.1.3 Depth to Water Table The water table in the low-lying area along the Clove Creek should be encountered within two feet from land surface. The water table in the upland area would likely be encountered within ten to twenty five feet from land surface because of the higher elevations.
4.3.1.1.4 Seasonal Variation of Water Table The seasonal variation of the water table is about five feet.
4.3.1.1.5 Water Quality and Quantity in the Aquifer
4.3.1.1.5.1 Quantity Groundwater in both sand and gravel aquifers and bedrock aquifers is a renewable resource that is continuously replenished by precipitation, but the volume of groundwater in storage and the available recharge varies greatly between aquifer types. Recharge is generally related to precipitation, but the amount of rainfall which becomes groundwater recharge is difficult to measure directly. In Dutchess County, the average precipitation is about 40 to 45 inches per year. About half this amount is lost to evaporation and transpiration processes; the remainder is available to become surface and groundwater runoff. Ground-water recharge results from the portion of total rainfall and snowmelt that infiltrates the soil and overburden materials. The sand and gravel aquifers of Dutchess County are recharged from precipitation which falls directly on the surface of the aquifer, from ground-water flow from surrounding hills and mountains and, most importantly, from significant streams or overlying surface-water bodies. A portion of the total runoff that infiltrates into the soil and overburden materials (including sand and gravel aquifers) eventually recharges the bedrock fracture system and is available for capture by bedrock wells. A thick section of saturated, permeable material overlying a bedrock formation acts as a reservoir which can increase the potential to recharge the bedrock aquifer, enhancing the prospect of relatively high yields. Precipitation data records for nearby Glenham, New York, indicate that the average annual precipitation there is 43 inches. Precipitation during a one-year-in-30 drought (3.3-percent probability of recurrence) decreases to about 28 inches or about 65 percent of the average annual precipitation in the vicinity of the study area.
4.3.1.1.5.2 Water Quality The water quality in the immediate project area is generally good with the exception of traces of iron, manganese and stray chlorides.
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4.3.1.2 Water Demand The water demand assumes 235 gallons per day per residential unit. The total water demand for the project is estimated as 49,350 gpd or 34.3 gpm and is summarized in table 4.3.1.2-1. Table 4.3.1.2-1 - Water Demand Estimate
Total Number Number GPD Per Type of Units Average of Units of Units Unit (GPD) 210 Single-Family 210 235 49,350 Total Water Usage 49,350 No permanent lawn sprinklers will be allowed.
4.3.1.3 Peak Daily Demand – Domestic Assuming a peaking factor of 5, the peak hourly demand can be estimated as being approximately 246,750 gallons per day or 171.4 gallons per minute.
4.3.1.3.1 Fire Protection Needs A system rated for fire protection follows the requirement of the ISO for the storage and distribution of dedicated fire volume. The ISO standards require that the central water supply system be designed to maintain a minimum flow rate of 1,000 gallons per minute for 1 and 2-family homes 30’ apart.59 Therefore, the water supply system shall be designed to deliver a minimum of 1,000 gallons per minute. The ISO also requires that for any system with a fire flow demand less than 2,500 gallons per minute shall be required to sustain its minimum fire flow rate for a minimum of 2 hours. Therefore, the minimum fire flow volume for the Highland Valley site will be 120,000 gallons.
4.3.2 Impacts
4.3.2.1 Use of Water Meters Water meters will be utilized on every service connection in the proposed project site. History shows that water systems that monitor water usage with water meter readings have reduced daily demands. Furthermore, leaks are more easily detected when water systems utilize water meters.
59 “Guide for Determination of Needed Fire Flow”, Insurance Services Office (ISO), Edition 05-2008 Highland Valley DEIS – Page 158
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4.4 SURFACE WATER
4.4.1 Sewage Treatment
4.4.1.1 Existing Conditions Currently the majority of the site is undeveloped. The existing residence located at the south end of the site is served by a subsurface sewage disposal system.
4.4.1.2 Impacts
4.4.1.2.1 Installation of the Proposed Force Main The current proposal involves the development of a central collection system into a proposed sanitary lift station. The lift station shall discharge via a force main to the northern boundary of the Dutchess Mall site. The Project sponsor will install the force main along the west side of US Route 9. The majority of the force main can be installed outside of the US Route 9 R.O.W. Some work will have to be completed in the NYSDOT R.O.W. and the Project Sponsor will obtain a permit for this utility work in the NYSDOT R.O.W.
4.4.1.2.1.1 Loss of Groundwater Recharge The domestic sewage will be conveyed off-site where it will be treated and disposed of into the Hudson River via the Beacon WWTP.
4.4.1.3 Mitigation
4.4.1.3.1.1 Loss of Groundwater Recharge The project involves the installation of large stormwater infiltration basins which will be designed to promote recharge of groundwater. Extended detention basins will be used whenever possible. These proposed stormwater basins will also serve as a source of recharge for groundwater.
4.5 STORMWATER MANAGEMENT PLAN
4.5.1 Existing Conditions
4.5.1.1 Location & Description of Surface Water The site is bounded by the Clove Creek along its western boundary. The Clove Creek has a New York State Department of Environmental Conservation water identification number of H-95-1060 and is classified61 as having a "CTs" standard.62
60New York State Department of Environmental Conservation Stream Maps, West Point Quadrangle. 61 According to 6 NYCRR Article 2, Classifications and Standards of Quality and Purity. The classification of a stream defines the level of purity or quality for any waters in relation to their reasonable and necessary use with a Class A being the highest quality water with the most restricted uses and a Class D stream being the lowest quality water with the least restrictions on use. According to 6 NYCRR 608.1, a 'C' stream is not a protected stream and therefore, disturbance to this stream for installation of the utility lines does not require a permit. Highland Valley DEIS – Page 159
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4.5.1.2 Required Permits The Project Sponsor will comply with NYSDEC requirements regarding the preparation of a Stormwater Pollution Prevention Plan (SWPPP), on-site monitoring during construction, and filing of Notice of Intent and Notice of Termination forms as required under the NYSDEC SPDES General Permit for Stormwater Discharges from construction activities. A Stormwater Pollution Prevention Plan is included in the appendices of this report.
4.5.1.3 Regional Watershed & On-Site Drainage The majority of the Highland Valley project drains into existing sedimentation basins that are currently being used for the mining process.
4.5.2 Impacts
4.5.2.1 Effect of SPDES Regulations on Drainage The proposed stormwater basins will be designed in accordance with the EPA Phase II regulations. The basins will be designed to not only attenuate the post-development peak rate of runoff to a point below the pre-development rate; they will also be designed to treat the stormwater prior to off-site discharge.
4.5.2.2 Loss of Groundwater Recharge The proposed stormwater basins will be designed to promote recharge of groundwater. Extended detention basins will be used whenever possible.
4.5.2.3 Changes in Local Drainage Plan The development of the Highland Valley site will alter the pre-development drainage patterns by routing stormwater to a closed storm sewer system. Runoff from the developed and disturbed areas will be intercepted by the proposed storm sewer system. This stormwater will be conveyed to a sedimentation basin where the stormwater will be treated for both quantity and quality.
4.5.3 Mitigation
4.5.3.1 EPA Phase II Regulations The Stormwater Pollution Prevention Plan (SWPPP) has been prepared in accordance with the EPA Phase II Stormwater Regulations. The Project Sponsor will comply with NYSDEC requirements regarding the preparation of a pollution prevention plan, on-site monitoring during construction, and filing of Notice of Intent and Notice of Termination forms as required under the NYSDEC SPDES General Permit for Stormwater Discharges from construction activities. A Stormwater Pollution Prevention Plan is included in the appendices of this document.
626NYCRR 862.6 Highland Valley DEIS – Page 160
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4.5.3.2 Temporary Sediment Basins When it is necessary to remove sediments from contaminated surface water the most efficient method is settlement. Temporary Sediment Traps are proposed to collect up to one-half inch of sediment-laden runoff from the contributing drainage watershed. A sand and fabric filter provides positive drainage discharge from the sediment trap. The slow rate of discharge permits sediments suspended in the water to settle to the bottom of the sediment trap. Sediment traps are to be implemented during the construction phase. When complete these traps will be cleaned and appropriately graded and converted into water quality basins. Temporary sediment basins will be used throughout the site during the construction process in order to prevent construction-generated sediment from entering the wetland, buffer or streams. Diversion swales will be installed as necessary to divert stormwater runoff to the temporary sediment basins.
4.5.3.3 Measures Required by the NYSDEC Erosion control measures, designed to minimize soil loss, and sediment control measures, devised to retain eroded soil and prevent it from reaching water bodies or adjoining properties, have been developed in accordance with the following documents: • New York State Guidelines for Urban Erosion and Sediment Control (April, 1997) • New York State General Permit for Stormwater Discharges, GP-0-10-001 (General Permit) Appendices D, E, and F (Stormwater Pollution Prevention Plan) • Reducing the Impacts of Stormwater Run-off from New Development, NYSDEC (April, 1992) The goals set forth in the erosion and sediment control plan are two fold. The first objective is to control erosion by minimizing the opportunity for soil to be transported by wind, rainfall, or run-off. This goal will be met by disturbing the minimal amount of land possible at any one time. Additionally, areas undergoing clearing or grading and where work is delayed or completed and will not be re-disturbed for a period of 21 days or more will be stabilized with temporary or permanent vegetative cover within 14 days. Secondly, the erosion control measures have been incorporated into the plan to contain and trap the sediment as close to its place of origin, preventing it from reaching off-site watercourses or lands. These goals concur with the guidelines set forth by the NYSDEC “Reducing the Impact of Stormwater Runoff from New Development” manual. This objective will be met by installing the recommended sediment and erosion control structures prior to the initiation of construction and maintaining the protective measures during construction as indicated on the projects plans and details to ensure their stability and effectiveness.
4.5.3.3.1 Types of Temporary Erosion Control Structures
4.5.3.3.1.1 Silt Fencing Prior to the initiation of construction, silt fencing will be installed and in areas deemed necessary by the contractor, to reduce run-off velocity and intercept sediment-laden run-off.
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4.5.3.3.1.2 Temporary Seeding Temporary seeding may be used in disturbed areas to minimize erosion and sediment loss. Any disturbed area that will not be re-disturbed for 21 days or more will be stabilized by the 14th day after the last disturbance.
4.5.3.3.1.3 Stabilized Construction Entrance Prior to construction, stabilized construction entrances will be installed to reduce the tracking of sediment onto public roadways.
4.5.3.3.1.4 Dust Control Construction operations will be scheduled in order to minimize the amount of disturbed areas at any one time during the course of work. Existing vegetation will be preserved where possible; temporary soil stabilization practices, such as mulching, seeding, and spraying (water), will be utilized to control dust.
4.5.3.3.1.5 Temporary Soil Stockpile Materials such as topsoil will be temporarily stockpiled (if necessary) on the site during the construction process. Stockpiles will be located in areas away from storm drainage and will be properly protected from erosion by a surrounding silt fence barrier.
4.5.3.3.2 Types of Permanent Erosion Control Structures
4.5.3.3.2.1 Establishment of Vegetation Disturbed areas that will be vegetated will be seeded in accordance with the contract documents. The type of seed, mulch, and maintenance measures as described in the contract documents will also be followed.
4.5.3.3.2.2 Operation and Maintenance To confirm the stability and effectiveness of all protective measures and practices during and after construction, all erosion control measures employed will be inspected on a regular basis.
4.5.3.3.2.3 During Construction Inspection and Maintenance An Erosion and Sediment Control Maintenance Schedule will be provided on detail sheets. During construction, the contractor shall inspect and maintain the erosion control structures as previously stated and as follows: • The contractor shall inspect the erosion control structures weekly and after every storm event that exceeds ½” of rainfall. • The contractor shall pay close attention to each erosion control measure to ensure that each measure maintains its structural integrity and is functioning properly. • Required maintenance shall be completed in a timely manner.
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• Accumulated sediment, debris, and litter shall be removed from the control structures, as required, in order to maintain the available stormwater management capacity and to preserve satisfactory performance of each structure. • Silt fencing shall be replaced when it can no longer maintain its structural integrity. • Materials which are not trapped by the stabilized construction entrance and are deposited onto public roads shall be removed so that they do not enter off-site catch basins. • On-site dust control shall be employed in accordance with standard methods. • Accumulated sediments removed from the control measures will be placed in such a manner that they will not erode from the site. Specifically, the sediment removed from the catch basins will be exported from the site, stockpiled for later use, or used immediately for general non-structural fill. Should stockpiling be necessary, material should be stored in a flat topped, conical pile(s) surrounded by a silt fence.
4.5.3.4 Stormwater Collection System The stormwater collection system shall consist of a closed storm sewer piping system of varying sizes. The storm sewer system shall be sized to adequately convey stormwater from a 25-year storm or rainfall event to the retention/detention basin system (stormwater management basin). These basins shall be designed to attenuate a 2, 10, 25 and 100-year design storm event. The stormwater management basins will be employed to provide treatment of stormwater runoff pollutants associated with land development and will include the installation of vegetated buffers. Stormwater runoff will be treated prior to discharging to the onsite wetlands. These facilities will be designed in accordance with "New York Guidelines for Urban Erosion and Sediment Control" and "NYSDEC Stormwater Management Design Manual." The Owner of the Highland Valley shall assume maintenance responsibility for the storm water facilities.
4.5.3.5 Stormwater Pollution Prevention Plan (SWPPP) A Stormwater Pollution Prevent Plan has been prepared and is in the appendices of this report. This Plan identifies and details the measures proposed to reduce the impacts of soil erosion as a result of the proposed project. A number of erosion and sediment control measures have been incorporated into the design of the project to minimize soil erosion and to control sediment transport off-site during construction. The Plan includes limitations on the duration of soil exposure, criteria and specifications for placement and installation of the erosion control measures, a maintenance schedule, and specifications for the implementation of erosion and sediment control practices and procedures. The site has been designed to maintain vegetated buffers adjacent to the on-site wetlands to the fullest extent possible.
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The erosion control measures incorporated into the plan will contain and trap sediment as close to its place of origin, preventing it from reaching off-site watercourses or lands. This goal is consistent with the guidelines set forth by the NYSDEC.63 Erosion control measures, designed to minimize soil loss, and sediment control measures, devised to retain eroded soil and prevent it from reaching water bodies, wetlands or adjoining properties, have been developed in accordance with standard practice. The goal of the SWPP is to minimize impact of the quality of run-off exiting the site into watercourses, wetlands and off-site properties during construction and after development is complete. This objective will be met by several methods. Stormwater Basins will function as sediment basins during construction and remain to treat the "first flush" pollutants after development is complete. Temporary and permanent erosion control measures, including structural and non-structural methods, will be installed prior to and during construction to minimize erosion and control sediment transport.
4.5.3.5.1 Forebays and Stormwater Basins Forebays will be used in the stormwater basins to intercept sediment-laden run-off and reduce the amount of sediment leaving the site during construction. The proposed basins will be employed to control pollutants generated from impervious areas after development is complete. The basins will be cleaned of sediment after construction to restore the volume required to perform as designed after construction. The basins will be designed to capture the "first flush" runoff volume from the site's impervious areas. The basins will provide proper pollutant treatment in accordance with the NYSDEC "Guidelines for Reducing the Impacts of Stormwater Runoff." The site will be designed to minimize the disturbance of existing slopes in excess of 20 percent wherever possible. Excavation operations will proceed in a manner to maintain the slopes of excavations to the soil's angle of repose or less. Existing steep slopes that are disturbed during construction and steep slopes created by earthwork operations will be stabilized quickly to minimize excessive soil erosion and slope instability. Methods may include the temporary or permanent installation of vegetation, riprap armoring or matting. Stormwater runoff from upgrade areas will be directed away from the steep sloped areas during disturbance.
4.5.3.6 Stormwater Treatment Prior to Discharge The stormwater management basins shall be designed using a forebay system in accordance with the EPA Phase II Stormwater Regulations. Contaminants and sediment shall be filtered from the stormwater in the forebays prior to recharging to the groundwater. Extended detention basins shall be used whenever possible to promote treatment prior to discharge to wetlands or streams.
63 "Reducing the Impact of Stormwater Runoff from New Development" manual, New York State Guidelines for Urban Erosion and Sediment Control (April, 1997) New York State General Permit for Stormwater Discharges, GP-0-10-001 (General Permit) Appendices D, E, and F (Stormwater Pollution Prevention Plan) Reducing the Impacts of Stormwater Run-off from New Development, NYSDEC (April, 1992) New York State Stormwater Design Manual (2002)
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4.5.3.7 Maintain Permeable Areas of the Site The existing permeable areas are effective in reducing the post-development drainage impacts as well as providing groundwater recharge areas. The Highland Valley site will preserve approximately 24.48 acres, or 31.9%, of the site as open space.
4.5.3.8 Avoiding Direct Discharge to Surface Waters Pursuant to the EPA Phase II Stormwater Regulations, no untreated stormwater shall be directly discharged to surface waters. All stormwater runoff from disturbed areas shall be intercepted by the storm sewer system where it shall be conveyed to the stormwater management basins. The basins shall be designed to remove contaminants prior to discharge to the buffer areas, wetland or surface waters.
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4.6 FLOODPLAIN
4.6.1 Existing Conditions
4.6.1.1 Location & Description of Surface Water The site is bounded by the Clove Creek along its western boundary. The Clove Creek has a New York State Department of Environmental Conservation water identification number of H-95-1064 and is classified65 as having a "CTs" standard.66 As a part of the National Flood Insurance Program, the Federal Emergency Management Agency (FEMA) produces maps of the 100-year flood boundary. According to FEMA mapping, the central portion of the site is within an area identified as a FEMA Zone “A” flood boundary.67 A numbered “A" Zone refers to "an area of 100-year flood where base flood elevations and flood hazard factors have been determined".68 An un-numbered “A” Zone refers to an area of 100-year flood where base flood elevations and flood hazard factors has not been determined.
4.6.1.2 Limits of unnumbered “A” zone The flood boundary on the Highland Valley project site is generally associated with the Clove Creek flowing along the westerly boundary of the site. See Figure 4.6.1.2-1 on the following page.
64New York State Department of Environmental Conservation Stream Maps, West Point Quadrangle. 65 According to 6 NYCRR Article 2, Classifications and Standards of Quality and Purity. The classification of a stream defines the level of purity or quality for any waters in relation to their reasonable and necessary use with a Class A being the highest quality water with the most restricted uses and a Class D stream being the lowest quality water with the least restrictions on use. According to 6 NYCRR 608.1, a 'C' stream is not a protected stream and therefore, disturbance to this stream for installation of the utility lines does not require a permit. 666NYCRR 862.6 67Flood Insurance Rate Map, Town of Fishkill, New York, Dutchess County, Federal Emergency Management Agency Community Panel Number 361336 0025 B - Panel 25 of 30. 68Ibid. Highland Valley DEIS – Page 166
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Figure 4.6.1.2-1 – FlRM Map
As stated earlier, there is a portion of floodplain on the property located along the westerly boundary of the property. The base flood elevation (shown on the FIRM) near the Dutchess/Putnam County line is 250. The lowest elevation on the project site is at an existing settling basin on the existing mine floor. This elevation is 248.6. However, there is an earthen berm along the entire westerly boundary which separates the Clove Creek from the mine floor. The elevation of the berm, at its lowest point, is approximately 261.0. Therefore, the site is not susceptible to flooding from the Clove Creek. Furthermore, the existing mine floor will be raised between 3’ and 7’ from its current elevation as part of the regrading of the site.
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4.7 WETLANDS
4.7.1 Existing Conditions
4.7.1.1 Location & Description Wetlands A wetland delineation of the Project Site was conducted by Ecological Solutions, LLC in order to determine the proximity of the wetland on the proposed site development. The results of site observations and site visit by Ecological Solutions, LLC, indicated that there is a wetland to the south of the site which is tributary to the Clove Creek. The majority of the wetland is off the project site to the south. All proposed development adjacent to the wetland shall maintain a minimum buffer of 100’.
4.7.2 Impacts
4.7.2.1 Amount of Disturbance All proposed development adjacent to the wetland shall maintain a minimum buffer of 100’ between the wetland areas and the proposed development.
4.7.2.2 Protection of Wetland and Buffer During construction, erosion control measures, designed to minimize soil loss, and sediment control measures, devised to retain eroded soil and prevent it from reaching water bodies or adjoining properties, have been developed in accordance with the following documents: New York State Guidelines for Urban Erosion and Sediment Control (April, 1997) New York State General Permit for Stormwater Discharges, GP-0-10-001 (General Permit) Appendices D, E, and F (Stormwater Pollution Prevention Plan) Reducing the Impacts of Stormwater Run-off from New Development, NYSDEC (April, 1992) The goals set forth in the erosion and sediment control plan are two fold. The first objective is to control erosion by minimizing the opportunity for soil to be transported by wind, rainfall, or run-off. This goal will be met by disturbing the minimal amount of land possible at any one time. Additionally, areas undergoing clearing or grading and where work is delayed or completed and will not be re-disturbed for a period of 21 days or more will be stabilized with temporary or permanent vegetative cover within 14 days. Secondly, the erosion control measures have been incorporated into the plan to contain and trap sediment as close to its place of origin, preventing it from reaching off-site watercourses or lands. These goals concur with the guidelines set forth by the NYSDEC “Reducing the Impact of Stormwater Runoff from New Development” manual. This objective will be met by installing the recommended sediment and erosion control structures prior to the initiation of construction and maintaining the protective measures during construction as indicated on the projects plans and details to ensure their stability and effectiveness.
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4.7.2.2.1 Silt Fencing Prior to the initiation of construction, silt fencing will be installed as indicated on the SWPPP and in areas deemed necessary by the contractor. This will reduce run-off velocity and intercept sediment-laden run-off.
4.7.2.2.2 Temporary Seeding Temporary seeding may be used in disturbed areas to minimize erosion and sediment loss. Any disturbed area that will not be re-disturbed for 21 days or more will be stabilized by the 14th day after the last disturbance.
4.7.2.2.3 Temporary Soil Stockpile Materials, such as topsoil, will be temporarily stockpiled (if necessary) on the site during the construction process. Stockpiles will be located in an area away from storm drainage and will be properly protected from erosion by a surrounding silt fence barrier.
4.7.2.2.4 Post Construction Wetland vegetation screenings will be provided along the bridge approach embankments to provide a natural setting after bridges have been constructed. The multiple barrel culvert crossing will be designed in a similar manner to bridge crossings with respect to screening, guide rails and impacts to the 100-year floodplain. Where avoidance of the wetland or the associated buffer can not be maintained, the Project Sponsor will obtain a permit from the NYSDEC or the USACOE. Whenever possible, the site will be restored in kind or wetland plants shall be installed in the disturbed areas to replace the lost wetland. Further, the Project Sponsor will enhance the wetland buffer area through the planting of wetland species that are common to this area. All of the following species are readily available from local nurseries and can tolerate periods of drought and are considered species that provide wildlife habitat and food. Typical plants include:
Cornus stolonifera - Red Osier Dogwood
This shrub is an understory species that typically ranges in size from 3-7' tall and usually sprouts from the base. Branches or twigs are red in color; fruit is berrylike and white in color. This species is often used as a landscaped species.
Viburnum dentatum - Arrowood
This shrub is also an understory species and has approximately the same growth form as Red Osier Dogwood. Branches are very straight and the fruit is berrylike and purple in color.
Viburnum trilobum - Highbush Cranberry
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This shrub is an understory species that ranges in size from 4-10' tall. Red berries persist long after leaves have dropped and are considered a good food source.
Aronia arbutifolia - Chokeberry
This species is predominantly an understory species that may reach up to 12' and is generally covered with red berries.
Clethra alnifolia - Sweet Pepperbush
The branches on this understory shrub species are very low to the ground. The plant generally ranges from 5' - 7' tall and the seed head resembles peppercorns.
Ilex glabra - Inkberry
This understory species is a very low growing shrub that generally grows to approximately 3 - 5 feet in height. Leaves are generally dark green with black (ink) areas.
Ilex verticillata - Winterberry
This understory shrub species generally grows to approximately 5 - 7 feet. Male and female plants must be in close proximity when planted produces persistent red berries considered to a good source of food.
Lindera benzoin - Spicebush
This understory shrub species sprouts early spring flowers that are yellow. The berries produced by this species are considered valuable for a food source.
Vaccinium corymbosum - Highbush Blueberry This understory species grows to approximately 6 - 8 feet tall. Growth is dense. The species produces fruit that are important to wildlife as a food source.
4.7.3 Mitigation
4.7.3.1 NYSDEC Permit Requirements A NYSDEC Article 24 Freshwater Wetland Permit will be required for any project that proposed disturbance to the wetlands or the 100’ adjacent area.
4.7.3.2 USACOE Permit Requirements The USACE requires that an Project Sponsor avoid and minimize disturbance to wetlands under USACOE jurisdiction. Less than 0.5 acres of fill material will be placed in Federal jurisdictional wetland areas and will require a NWP #39 and mitigation for the impacts.
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No disturbances to USACOE regulated wetlands are proposed for the Highland Valley project.
4.7.3.3 NYSDEC Requirements for the General SPDES Permit for Stormwater
4.7.3.3.1 Stormwater Quantity This project will require a New York State General Permit for Stormwater Discharges, GP-0- 10-001 (General Permit). Pursuant to the requirements of the NYSDEC SPDES General Permit for Stormwater Discharges, the Project Sponsor shall prepare a stormwater management plan that outlines the construction requirements for stormwater management basins. Basins will be designed to attenuate up to a 100-year post-development storm event. The strategy is to lessen the post- development peak rate of discharge to a value less than the equivalent pre-development storm event discharge. Some basins in the project are designed for extended detention that will hold the entire storm event up to a 100-year storm, thus reducing the quantity of stormwater discharged to the wetland or stream channels.
4.7.3.3.2 Stormwater Quality A further requirement of the New York State General Permit for Stormwater Discharges, GP- 0-10-001 (General Permit) involves treating the stormwater prior to discharge. The intent of the permit is to maintain water quality during and after construction of a project. The permit states that it shall be a violation of the general permit and the Environmental Conservation Law (“ECL”) for any discharge authorized by the general permit to either cause or contribute to a violation of water quality standards as contained in Parts 700 through 705 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York including, but not limited to: • There shall be no increase in turbidity that will cause a substantial visible contrast to natural conditions; • There shall be no increase in suspended, colloidal and settleable solids that will cause deposition or impair the waters for their best usages; • There shall be no residue from oil and overlay substances, nor visible oil film, nor globules of grease; and • The stormwater management basins will be designed, constructed and maintained to meet or exceed the requirements of the General Permit.
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4.8 VEGETATION AND FAUNA
4.8.1 Vegetation
4.8.1.1 Existing Conditions Ecological Solutions, LLC, has been retained to conduct a Natural Resources Survey & Wetlands Report. Ecological Solutions researched the current databases and made inquires with the NYSDEC with respect to endangered species known to be in the vicinity of the project site. The NYSDEC responded in a letter (see §1.6.6) that identified four rare species and ecological communities that may exist in the vicinity of the Highland Valley property. They include the Acidic Talus Slope Woodland, Appalachian Oak-Hickory Forest, Oak- Tulip Tree Forest and Red Cedar Rocky Summit. The Natural Heritage Program prepared a map identifying the location of the rare species and ecological communities. Refer to figure 1.6.5.1.1-1 on the following page. The areas identified in the NYSDEC letter are located to the west of the Highland Valley project site.
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Figure 4.8.1-1 – Map of Rare Species & Ecological Communities
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Vegetative surveys were conducted on the Highland Valley property to determine the different species on the site. Vegetative surveys of the property involved direct field identification of species that could be visually observed and identified. Vegetation was identified by flower type and floral structure, by type, and leaf shape and arrangement, in both flowering and non-flowering conditions. Individual specimens were identified by common name and scientific name (genus and species) and recorded. Unless noted, the Flora list contains species that were observed to be present on the site. The New York State Department of Environmental Conservation's (NYSDEC) publication “New York State Endangered, Threatened and Special Concern Species 1998”, was used as the definitive list for determining whether any plants observed on the study area would be considered Endangered or Threatened. The vegetation inventory positively identified many Flora species on the site, as outlined in the “Natural Resources Survey and Wetlands Report” in the appendices of this document. No threatened, or endangered plant species were identified on the site.
4.8.1.2 Mitigation Measures Areas proposed for re-landscaping after being disturbed by construction activities should have the soil scarified and aerated prior to hydroseeding. This would eliminate the effects of soil compaction and facilitate seed germination and seedling survival. Trees that are to remain and are located near construction activities would be protected from harm for both trunk and root systems by the erection of physical barriers, such as orange safety fencing, along the tree's drip line. The location of such fencing will be subject to examination by the Town Engineer or other agencies having jurisdiction. Trees and vegetation within the upland areas are potential habitat for existing wildlife. The project does not propose any formally protected open space areas. The greatest mitigation measure is the subdivision design itself, which conserves 24.48 acres (31.9%) of the project site as open space and minimizes the amount of landscaped lawn area on the site, when compared to the other development alternatives considered, thereby reducing impacts to the wetland and surrounding waterbodies. The proposed design will also conserve diversity along stream corridors, the wetland, and forested communities. This will provide vegetative and habitat buffers for wildlife along the Clove Creek Corridor. Vegetation removal in the proposed development area will be mitigated with landscaping around the proposed homes and roadways. A detailed landscaping plan will be finalized prior to final Site Plan approval. The plan will utilize a mixture of ornamental and native species, many of which provide wildlife value including food and nesting opportunities. Erosion and sediment controls will be utilized during construction activities until disturbed areas are fully developed or soils have been stabilized through vegetative plantings. These measures are discussed in Section 6.2.3, “Soils and Geologic Mitigation Measures,” and in subsequent subsections. Soil and Erosion Control Plans are presented, in the full size, in the appendices of this document. A Stormwater Pollution Prevention Plan (SWPPP) has been prepared for the project in accordance with the EPA Phase II Stormwater Regulations. This plan will ensure that stormwater control systems designed for the Highland Valley site will attenuate post-
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development peak rates of runoff (up to a 100-year design storm) and provide water quality treatment prior to discharge off-site.
4.8.2 Fauna
4.8.2.1 Potential Impacts General impacts to fauna as a result of the proposed project may result from the removal of limited amount of remaining vegetation to the south of the mine floor, establishment of new vegetation types, and the loss of individual animal species during the land clearing and construction phases. Land clearing activities may cause more mobile species to relocate to other areas of the site, while less mobile species could move to areas on the site not affected by development. The proposed project will result in the loss of habitat primarily in common and abundant wildlife species such as white tail deer, gray squirrels, and cottontail rabbits, songbirds, etc. The limited amount of land clearing activities may impact wildlife species by the loss of nesting, breeding, and feeding areas. However the site is surrounded to the south, west and north by areas that will remain undeveloped. Ecological Solutions researched the current databases and made inquires with the NYSDEC with respect to endangered species known to be in the vicinity of the project site. The NYSDEC responded in a letter that identified four endangered species that may be in the vicinity of the property. They include the Indiana Bat, Bog Turtle, Eastern Timber Rattlesnake and the Bald Eagle. Ecological Solutions, LLC, also conducted a site survey in January of 2009 to investigate the presence of Indiana Bats, Bog Turtles, Eastern Timberlake Rattlesnakes and Bald Eagles. The following pages are the response from the NYSDEC in response to Ecological Solutions, LLC:
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4.8.2.1.1 Indiana Bats A large percentage of the property is gravel mine and the remaining undeveloped area is lightly wooded and contains distinct habitat types that can broadly be categorized as rich mesophytic forest, and forested wetland. The property has gentle to moderately steep slopes in the mixed upland forest areas. The forested portion of property contains some trees over 9” dbh that contain tight smooth bark and lack crevices, cavities or holes that are potential Indiana Bat roosting trees. No Indiana Bat roosting or maternal colony trees/habitat was observed on the property and no hibernacula are suspected on the property.
4.8.2.1.2 Bog Turtles The “waters of the United States” including wetland area and tributary (Clove Creek) on the property does not contain suitable hydrology or muck soils substrate often associated with Bog Turtle habitat such as open, early successional habitat, wet meadows or calcareous boggy areas generally dominated by sedges (Carex spp.) or sphagnum moss. Like other cold-blooded or ectothermic species, it requires habitats with a good deal of solar penetration for basking and nesting. Hydrology supporting the wetlands on the site is primarily periodic surface water inundation and overland flow that appears to fluctuate during each storm event. The fluctuating hydrology and lack of suitable mucky soils negates the potential for Bog Turtle habitat on the property.
4.8.2.1.3 Eastern Timber Rattlesnake The proposed project is sited in the existing gravel mine which is fully exposed to sunlight with no existing cover in this area. Generally this species will avoid long hours of direct exposed sunlight since it is a reptile and cannot regulate its body temperature when constantly exposed to this type of condition. The gravel mine is not timber rattlesnake habitat and it is doubtful that individuals would be found migrating or otherwise using this area as habitat.
4.8.2.1.4 Bald Eagle The habitat characteristics of the property are unfavorable to bald eagles with no nesting trees observed on the property. The proximity of the mine and the road traffic along this busy road and the lack of large substantial trees in or immediately adjacent to the project area renders the project area unsuitable for nesting eagles. Transient individuals may soar over the project area since there are several lakes in the area but no existing nesting opportunities were observed in or adjacent to the project area.
4.8.2.2 Mitigation Measures The greatest mitigation measure for wildlife impacts generated by proposed development the protection of the adjacent areas of the Clove Creek and the area to the south of the site that will remain undeveloped.
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The design will conserve 21.24 acres of open space along the Clove Creek that will provide vegetative buffer areas for wildlife from the development. All of the site wetlands and the 100’ adjacent along the Clove Creek and areas to the south of the site will be protected. Out of the 76.63 acres of the project acreage, 21.24 acres will remain undeveloped as part of the Federal, State and Local wetlands and their associated 100’ adjacent areas. Mitigating measures to help reduce excess nutrients and pollutants into the waterbodies include the Best Management Practices (BMPs) and erosion control measures. The stormwater basins have been designed in such a way that the discharges shall be controlled up to a 100-year storm. The outfall structures shall be long rip-rap level spreaders that will promote sheet flow and minimize erosion to the downstream areas. The basins are designed to promote infiltration and to trap sediments in the basins. Whenever possible, a curtain drain shall be installed at the bottom of the basin to provide drainage. The curtain drain shall be approximately 18” x 24” and filled with ¾” crushed-stone. A rigid perforated PVC drain tile will be installed in the crushed stone to filter sediment and debris. The improvements listed above will be implemented throughout the site. No further mitigation is necessary.
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4.9 VEHICULAR & PEDESTRIAN ROADWAYS
4.9.1 Existing Conditions Highland Valley is a proposed 210 dwelling unit single family development which is planned to be constructed on the Southern Dutchess Mine property which is located on the west side of U.S. Route 9 south of the Thalle mine. Access to this site is proposed via a one-way, entry-only “slip-lane” from the southbound US Route 9 and a full movement access entrance to U.S. Route 9 at the existing driveway location which serves the existing residential parcel which is part of the proposed Highland Valley project site. This access point borders the Dutchess and Putnam County line. A Design Year of 2015 has been used in evaluating future traffic conditions in the area for the purposes of this analysis. The following figures shown on the following pages depict existing conditions on US Route 9. Figure 4.9.1-1 – Existing Driveway @ Existing Residential Driveway
Figure 1 - Existing Driveway - Looking North
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Figure 2 - Existing Driveway - Looking South
4.9.1.1 Sight Distance Analysis The sight distance at the proposed driveway is in excess of 650 feet in each direction which exceeds the ASSHTO maximum stopping sight distance of 610 feet based on 55 mph.
4.9.1.2 Accident History Accident data were obtained from the New York State Department of Transportation Records Access Office in the vicinity of the site (US Route 9 between Merritt Boulevard and the Dutchess/Putnam County line) for the period between July 1, 2005 and June 30, 2008. Based on a review of the Accident Summary Tables, there were approximately 191 reported accidents in the area of study with 3 fatalities. Based on a review of the Accident Reports, the type of accidents are typical, such as rear end accidents and turning accidents with apparent contributing accidents such as driver inattention. It is not expected that this project will have an impact on the accident rate on the area roadways.
4.9.1.3 Mass Transit & Pedestrian Environment The Dutchess County Division of Mass Transportation provides Loop Bus service at the Dutchess Mall which is approximately 1.5 miles north of the site. Also the County does provide demand response service for senior citizens (Dial-A-Ride) for the area.
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In addition, pedestrian counts were conducted at several intersections in the vicinity of the site. Based on a review of this data it was observed that there was limited pedestrian activity in the vicinity of the site.
4.9.1.4 School Bus Stop Locations It is anticipated that this project will generate approximately 24 school-aged children. The Project Sponsor is proposing to provide a dedicated school bus stop at a point near the northern entrance of the site. There will be a covered waiting areas where the children can wait for the bus. There is also a parking area for parents to wait for their children to either be picked up or dropped of.
4.9.1.5 Potential Impacts The proposed development of the Highland Valley project, and other proposed local developments will generate increased traffic on US Route 9 and other local secondary roads. In order to estimate the amount of traffic to be generated by the proposed Highland Valley development, Hourly Trip Generation Rates and anticipated site generated traffic volumes were developed based on information contained in the Institute of Transportation Engineers (ITE) “Trip Generation” Handbook, 7th Edition, 2003. The following intersections were studied as part of this report: 11. U.S. Route 9 and Merritt Boulevard 12. U.S. Route 9 and Schuyler Boulevard/Westage Business Center 13. U.S. Route 9 and I-84 (WB on Ramp)/Hotel Driveway 14. U.S. Route 9 and I-84 (WB off Ramp) 15. U.S. Route 9 and I-84 (EB on/off Ramp) 16. U.S. Route 9 and Snook Road/I-84 (EB off Ramp) 17. U.S. Route 9 and Van Wyck Lake Road/Dutchess Mall North Driveway 18. U.S. Route 9 and Dutchess Mall (Center Driveway) 19. U.S. Route 9 and Dutchess Mall (South Driveway) 20. U.S. Route 9 and Thalle Driveway
This information is detailed in the Traffic Impact Study prepared by John Collins Engineering, PC, dated February 3, 2009, and is included in the appendices of this document.
4.9.1.5.1 Traffic Impacts due to Background Growth In order to determine impacts generated by background growth only, future developments have been considered in the vicinity of this site that would affect the intersections studied in the traffic report. These areas of development include the Dutchess Mall re-development and Manor Estates, Jackson Manor/Village Square and the Via Nove re-development, the last three of which are located in the Village of Fishkill. The traffic generated from these developments is considered background growth.
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4.9.1.5.2 Cumulative Traffic Impacts In order to demonstrate the cumulative traffic impacts to the roadway network in the vicinity of the Highland Valley project, it was necessary to add site-generated traffic impacts to the background growth traffic impacts. Site generated traffic volumes for the proposed developments were assigned to the roadway network based on the arrival and departure distributions. Based on results of the field inspections and the results of the capacity analysis contained herein, certain signal improvements will be required to help improve traffic flow and to accommodate the additional traffic generated by the proposed development. These should be addressed regardless of the proposed development and will have to be coordinated with the New York State Department of Transportation. Refer to the Level of Service Summary Table on the following page.
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It should also be noted that Highway Work Permits will have to be obtained from the New York State Department of Transportation for the driveway reconstruction and other work within the State Right-of-Way. Highland Valley DEIS – Page 188
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The resulting site-generated traffic volumes are shown in the Traffic Impact Study in the appendices of this document.
4.9.1.6 Mitigation Measures As a mitigating measure, the Highland Valley project site is currently permitted as a soil mine using subaqueous technology which will extend the life of the existing mine for many years. The Project Sponsor has proposed the Highland Valley project as an alternative to the soil mine. At certain times of the year and under certain supply requirements, the mine can generate truck traffic of approximately 30 trucks per hour. The distribution is approximately 50% north and 50% south. Obviously, the existing soil mining traffic which currently exists will not be a factor when the Highland Valley project is developed. Furthermore, the signal modifications as outlined in the Collins Traffic Study will help alleviate some of the traffic congestion which currently exists along US Route 9 in the area of the study.
4.10 SOCIOECONOMIC & COMMUNITY SERVICES
4.10.1 Taxes
4.10.1.1 Existing Conditions Currently, the property is assessed at $2,934,000. With the Agricultural exemption the assessment is reduced to $66,516.00. Based on this reduced assessment, the current school taxes for the property are $656.79 paid to the Haldane Central School District. The current town, county, library and fire district tax for the property is $4,272.41. The total current tax revenue for the project site is $4,929.20. The property is currently located in the Agricultural District and benefits from a substantial agricultural tax exemption. When the project is sold to the Project Sponsor, the deferred taxes will need to be retroactively paid for the last five years plus an 8% interest rate for the deferred taxes.
4.10.1.2 Impacts The proposed project would produce long-term economic benefits with respect to increased tax revenues from the property. Currently, the 4 parcels are assessed at a combined total of $1,865,100. Based on this assessment, the current school taxes for the property are $25,607.34 paid to the Haldane Central School District. The current town, county, library, fire district and ambulance tax for the property is $8,988.11. The total current tax revenue for the project site is $34,595.45. It is projected that the Highland Valley project would generate a total tax revenue of $308,893.25. This is an increase of 900.8% Refer to section 4.10.1. In addition to increased tax revenue, the additional disposable income brought into the Town and the County by virtue of the residents living in the proposed “Highland Valley”
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development would provide an additional revenue source through spending by these families in local area businesses. It was estimated the proposed single-family mobile homes would be increase the assessment of the property by $80,000 per unit69. Tax revenues would be $308,893.25 for 210 units. Refer to section 4.10.1 for a complete fiscal analysis.
4.10.1.3 Mitigation Of the total annual taxes generated by the proposed development, 8.78 percent would be provided to the Town, 74.67 percent would be provided to the School District, approximately 13.82 percent would be provided to Dutchess County, 2.42 percent would be provided to the local fire district, 0.31% would be contributed to the Ambulance District and 0.88% would be provided to the Library District. Assuming increases in current tax rates, these numbers would be projected to increase at the time of construction through build-out.
4.10.2 Employment
4.10.2.1 Existing Conditions Currently the project site supports the employment of a one person that work at the Southern Dutchess Sand & Gravel mine.
4.10.2.2 Potential Impacts The development of this project will eliminate the single existing job.
4.10.2.3 Mitigation Using estimates provided in the 1994 Urban Land Institute’s Development Impact Assessment Handbook, the proposed project is expected to generate the annualized full-time equivalent of approximately 25 on-site construction labor jobs. The majority of the construction-related employees at the site are expected to come from Fishkill and the immediate surrounding area. These workers are expected to have a positive impact on existing local businesses by purchasing food, gasoline, and other goods and services. In addition to increased tax revenue, the additional disposable income brought into the Town and the County by virtue of the residents living in the proposed Highland Valley development would provide an additional revenue source through spending by these families in local area businesses.
4.10.3 Schools
4.10.4 Existing Conditions The project site lies within the Haldane Central School District, which encompasses the majority of Phillipstown and a part of the Town of Fishkill. Current enrollment in the District is 866 students for the 2009-2010.
69 Per a discussion with Mr. Christian Harkins, Assessor for the Town of Fishkill Highland Valley DEIS – Page 190
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4.10.5 Potential Impacts
4.10.5.1 School-age Children Estimate The project site lies within the Haldane Central School District, which encompasses a portion of the Town of Fishkill. The District has an enrollment of 866 school children during the 2009-2010 school-year. It is anticipated that the Highland Valley project will impact the number of students attending that school. Two methodologies were used to estimate the number of public school-aged children (PSAC) that would be generated by the development of the Highland Valley project. The first methodology utilized a multiplier for PSAC for an average 3-bedroom mobile home (with a price greater than $66,000.00) of 0.67 PSAC per home for all of New York State. This multiplier is offered by Rutgers University’s Center for Urban Policy Research, June 2006. Using this multiplier, the Highland Valley project would generate 141 public school- aged children in the Haldane School District. This value appeared to be historically high for projects of a similar size and type in the immediate region. Therefore a second methodology was used which focused on the specific demographics of the Haldane School District instead of general multipliers which apply to the entire state of New York and may not be applicable. The second methodology compares the actual number of persons in the Haldane School District to the number of school children in the district. The total current population of the Haldane School District is approximately 7,50070 persons. The actual number of school children currently served by the District is 866. Therefore, using this information, the per capita multiplier for the Highland Valley project site is 0.116 total school-children per proposed unit. Assuming 10% of these school children attend parochial or private schools, the multiplier is reduced to 0.104. Therefore, it is anticipated that the Highland Valley project will generate approximately 24 school children to the Haldane School District. This equates to an increase of 2.8%71 of the school population based on 2009-2010 enrollment numbers.
4.10.5.2 Mitigation Impacts to the Haldane Central School District will be mitigated by the fact that new residents will be added to the community gradually, as the proposed project will take place in 3 phases over a period of approximately 5 years.
4.10.6 Recreation
4.10.6.1 Existing Conditions The Town of Fishkill has many recreation facilities in the Town. The site is located near the Appalachian Trail and the Fishkill Ridge. The Town also has a new multi-use recreational facility located on NYS Route 52 near the Town of Fishkill Town Hall. There are a number of public parks in the Town of Fishkill. They are as follows: • Doug Phillips Park - Route 82
70 Per a discussion with Jesse DesMarais, Tax Collector, Haldane Central School District, July 30, 2009 71 24 New Students ÷ 866 Current Enrollment Highland Valley DEIS – Page 191
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• Friendly Paws Dog Park - at Doug Phillips • Dutchess Park Lake - Westview Drive • Jean Van Pelt - Washington Ave • Maurer-Geering Park - Geering Way • Dutchess Junction Park - Route 9D • Shepherd Memorial Park - Route 82 • Camp Foster - Castle Point Road, Route 9D
4.10.6.2 Potential Impacts It is estimated that the proposed subdivision will introduce 56072 new residents to the Town of Fishkill. This will place additional demands on local recreational facilities.
4.10.6.3 Mitigation Measures The Project Sponsor is proposing to provide a 21.24-acre recreational corridor along the Clove Creek. This area will be accessible by residents of the Highland Valley project as well as the Town of Fishkill residents. A parking area is provided at the northerly entrance road of the project for local residents to park to utilize the recreational corridor. No further mitigation measures are necessary.
4.10.7 Emergency Services
4.10.7.1 Existing Conditions
4.10.7.1.1 Police The site is currently served by the Town of Fishkill Police Department, Dutchess County Sheriff’s Department and the New York State Police Department.
4.10.7.1.2 Fire Currently the project is served by the Rombout Fire Company. The fire company has two station locations. One is located on NYS Route 52 near the intersection with NYS Route 52 and Interstate – 84. The other is a 2-bay satellite station located near the intersection of NYS Route 52 and Cedar Hill Road. The following is a list of equipment that the Rombout Fire Company has in its facility on Old Route 52: 4 engines 1 ladder truck 1 rescue truck 1 utility truck 1 Fire Police Van
72Rutgers University, Center for Urban Policy Research from June 2006 Highland Valley DEIS – Page 192
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3 SUV’s 1 Boat 1 Hazmat Trailer
4.10.7.2 Impacts The Highland Valley development is projected to increase the existing population of the Town of Fishkill by approximately 56073 persons when fully occupied. While an increase in demand may be placed on both the police department and the local fire department, the proposed project is similar to the surrounding land uses and is unlikely to generate unique or unusual public safety considerations.
4.10.7.3 Mitigation
4.10.7.3.1 Police The project will have a similar demand as projects of similar sizes in the Town.
4.10.7.3.2 Fire The project will also provide a water supply system with ISO rated fire-fighting storage volumes and fire hydrants every 500’ in accordance with Town of Fishkill Town Code.
4.10.7.3.3 Increased Tax Revenues It is projected that the Highland Valley project would generate a tax revenue of $308,893.25. This is an increase of 900.8%. Of the total annual taxes generated by the proposed development, 8.78% would be provided to the Town, 2.42% would be provided to the local fire district and 0.31% would be contributed to the Ambulance District. Assuming increases in current tax rates, these numbers would be projected to increase at the time of construction through build-out.
4.10.8 Highway Department
4.10.8.1 Existing Conditions The Town of Fishkill currently maintains approximately 53 miles of roads in the Town of Fishkill’s roadway inventory. The Highway Department has 15 medium-sized trucks and 7 light-duty trucks for servicing the town roadways74. The Highway Department provides snow clearing, brush pick-up, pavement patching, lawn mowing, sign installation and a drainage work throughout the town.
4.10.8.2 Impacts The development of the Highland Valley involves the construction of approximately 10,240 lineal feet of internal roadways. These roadways will not be offered to the Town of Fishkill
73 From the Rutgers University, Center for Urban Policy Research, June 2006. 74 Per a telephone conversation with Mr. Glenn Scofield, Town of Fishkill Highway Superintendent, August 5, 2009 Highland Valley DEIS – Page 193
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for dedication. The roadways will be owned and maintained by the Owner of the Highland Valley project.
4.10.8.3 Mitigation The project will not impose any impacts on the Town of Fishkill Highway Department. Furthermore, it is projected that the Highland Valley project would generate a tax revenue of $308,893.25. Of the total annual taxes generated by the proposed development, $27,119.82 or 8.78% would be provided to the Town. The Highway Department will benefit from the increased revenue to the Town. Assuming increases in current tax rates, these numbers would be projected to increase at the time of construction through build-out. The Town of Fishkill Highway Department stated during a telephone conversation that since the proposed roadways will remain private and not owned or maintained by the Town, there shall be no impact to the Highway Department75.
4.10.9 Library
4.10.9.1 Existing Conditions The Blodgett Memorial Library is located in the Broad Street National Historic District, Village of Fishkill. The library houses over 37,000 volumes along with audio books, videos and CD's. Computers access multiple databases and the World Wide Web. For information not found at Blodgett, our local library belongs to a 70 member library system which allows for inter-library loan from other libraries in the state and beyond. The Blodgett Memorial Library is one of the most active libraries in the central Hudson Valley. The library organizes programs for children, including summer reading clubs.
75 Per telephone conversation with Kathy Goodnow, Secretary to the Highway Department dated August 5, 2009. Highland Valley DEIS – Page 194
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4.10.9.2 Impacts The Highland Valley project may increase the population in the Town of Fishkill by approximately 560 persons. A portion of the residents of the project will utilize the library.
4.10.9.3 Mitigation The Highland Valley project will generate an additional annual tax revenue of $2,727.33 of additional funding for the library. In addition, some of the residents of the Highland Valley project may choose to volunteer for part-time help at the library.
4.10.10 Utilities
4.10.10.1 Existing Conditions The Highland Valley site is served by Central Hudson Gas & Electric. Electricity is abundant in the region, however, natural gas service is not available at the site at this time. Cable television service is provided by Cablevision for the area surrounding the Highland Valley project site. The company also offers high-speed internet service and internet telephone service. Verizon provides telephone service in the project area. Verizon also offers high-speed internet service.
4.10.10.2 Impacts The Highland Valley site will generate 210 new residences and sewer and water facilities. Each one of these structures or facilities will require connection to utilities.
4.10.10.3 Mitigation After a discussion with Central Hudson Gas & Electric, it appears that there is adequate electric power in the region, however, the units will use fuel oil for heating since natural gas is not available at the Highland Valley site at this time.76 Natural gas may become available prior to the commencement of construction at the site. The Project Sponsor may install natural gas supply lines in the project in the event that natural gas service becomes available. A representative from Cablevision stated that Cablevision has adequate service for the Highland Valley project. A representative from Verizon has also stated that Verizon has adequate equipment and service lines to serve the project. The development provides the utility companies with additional customers and revenues.
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4.10.11 Air Resource
4.10.11.1 Existing Conditions Since the site and immediate adjacent area has only limited development, with abutting roads carrying only modest levels of traffic, air quality is acceptable. Dutchess County as a whole is designated by the EPA as an "attainment" area for carbon monoxide, which indicates that air quality for this pollutant is below the National Ambient Air Quality Standards. There are no microclimate features in the immediate vicinity of the site that would affect air quality.
4.10.11.2 Potential Impacts
4.10.11.2.1 Traffic-Related Impacts Air quality impacts associated with additional traffic generation are based upon EPA screening criteria as set forth in the Environmental Procedures Manual. Intersections with an overall Level of Service (LOS) of A, B or C are excluded unless they are proximate to sensitive receptors such as schools or hospitals. For intersections with an LOS of D, E or F a 10% factor of increased traffic volume is utilized to determine whether an intersection requires detailed air quality analyses. All analyzed intersections passed this screening.
4.10.11.2.2 Cumulative Impacts with other Developments The traffic impact analysis includes a no-build analysis that accounts for additional traffic generation. The level of service analysis reflects that growth as well as traffic from the proposed development. The LOS of the intersections studied are not adversely affected.
4.10.11.2.3 Impact from Wastewater Treatment Plant (Odors) The potential exists for the emission of odors from the WWTP (if constructed) if not properly designed and operated. Odor control will be installed if required by the Dutchess County Health Department, the NYSDEC or the Town of Fishkill.
4.10.11.2.4 Construction Impacts During construction, temporary short-term ambient air quality impacts may result. Construction activities can temporarily degrade air quality due to the following two impacts: • Fugitive dust (particulate) emissions from land clearing construction materials or debris handling, excavation, demolition, compaction, short-term storage, and vehicle motion over unpaved areas. • Mobile source emissions from internal combustion engine-powered construction equipment at the site, construction worker vehicles, traffic diversions or detours.
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4.10.11.3 Mitigation Measures
4.10.11.3.1 Fugitive Dust Control Fugitive dust will be controlled during construction by employing specific measures described in the Preliminary Stormwater Pollution Prevention Plan. Construction operations will be scheduled in order to minimize the amount of disturbed areas at any one time during the course of work. Existing vegetation will be preserved where possible and temporary soil stabilization practices, such as mulching, seeding, and spraying (water), will be utilized to control dust.
4.10.11.3.2 Maintenance of Construction Equipment Construction equipment will be maintained and operated properly to minimize pollution to air resources.
4.10.11.3.3 Emission Odor Control Devices Odors at a sewage treatment plant are caused by a number of different factors. Some of these factors may include hydrogen sulfide in the raw wastewater, organically overloaded biological treatment process, industrial wastes in the raw wastewater, unwashed grit and general housekeeping measures. With proper attention paid to design details, the development of odors should not be a problem. However, it must be recognized that odors will occasionally develop. Odor at the sewage treatment plant is best controlled by prevention through proper design and operation rather than by treatment. Odor prevention by design includes the selection of the extended aeration process and provisions for building ventilation, proper air in the aerobic digester and automatic transfer of power to a stand-by generator during a power outage. Odor can also be controlled by the use of chemical injection such as hydrogen peroxide, lime, ozone, etc. Raw wastewater entering the treatment facility will be fresh due to the relatively short collection system. Pump stations will be designed so that the wastewater does not remain in the wet well longer than 24 hours. Odor control may become an issue at start-up of the lift stations since flow will be somewhat less than the total design. A chemical odor-control agent may be used during the time when the lift station is operating below the design flow capacity. Aeration will occur as the wastewater passes through the static screens and again in the RBC process, both by the nature of the treatment process itself and added air. The only potential cause of significant odors would be from a lack of aeration in the digester for an extended period of time. However, stand-by emergency power generation and a back-up blower will be provided to minimize this potential problem. The treatment process shall be covered in order to maintain a more constant treatment process throughout the. Keeping the treatment process temperature as close to constant as possible will provide for a more positive treatment process thus eliminating significant odor problems.
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4.10.12 Visual Resources
4.10.12.1 Existing Conditions
4.10.12.1.1 Surrounding Environment The land surrounding the project site is made up primarily of commercial uses with sporadic residential lots throughout. The site is the location of the Southern Dutchess Sand & Gravel Mine. The majority of the site is at an elevation of 250.0 which is well below the elevation of US Route 9 and the surrounding properties. In addition there are large earthen embankments along the entire road frontage which are at their lowest elevation of 290.0. As part of the regrading of the site, the mine floor will be raised between 3’ and 7’. In the post- development state, the earthen embankments will remain.
4.10.12.2 Potential Impacts
4.10.12.2.1 Lighting Lighting on the proposed houses will inevitably be used in the project. Site lighting will be provided at intersections and other areas where lighting is needed.
4.10.12.2.2 Visual Impacts from Adjoining Properties There are no residential developments in the immediate vicinity of the proposed Highland Valley. The project will not be seen from adjoining properties either due to differences in elevation or vegetative buffers.
4.10.12.3 Mitigation
4.10.12.3.1 Lighting The lighting will not have a significant visual impact since the lights will be low intensity and mounted on the homes. The site lighting shall be decorative and shall be designed so as to maintain appealing levels of illumination on the site while maintaining the lighting requirements outlined in the Town Code. A significant vegetative buffer shall shield the lights from any future adjacent landowners or pedestrians. 5.0 PROJECT ALTERNATIVES
As required by the New York State Environmental Quality Review Act (SEQRA), the Project Sponsor analyzed 3 different alternatives to the proposed action that include: • No-Build • A conventional subdivision, and • A clustered manufactured home community known as the Highland Valley project conforming to §106 the Town of Fishkill Zoning Code requirements for Mobile Home Parks.
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5.1 NO-BUILD ALTERNATIVE The “No-Build” alternative is the scenario that would occur if no development were to take place on this site. Without development of the site as a residential development, the Project Sponsor would continue mining activities at the site as currently permitted. This alternative is not consistent with the objectives of the Comprehensive Plan for the Town and neighboring property owners. Under the “No Build Alternative” there would be:
No additional affordable housing options in the Town of Fishkill. No water or sewer facilities. No increase in vehicular traffic. No increased tax revenues to the Town, County, or State. No local economic activity resulting from the construction of the project and the on-going needs of the new residents. No increase in lighting or noise emitted from the project site. No change in existing stormwater patterns. No increase in the amount of solid waste to be disposed of in landfills or recyclable material to be reclaimed. No increases in the use of domestic energies. No impact on the Haldane School District. No increase tax revenues for the Haldane School District. 5.2 CONVENTIONAL SUBDIVISION A conventional subdivision will yield 22 single-family residences and two commercial lots. The configuration of the single-family homes in the conventional layout will occupy the majority of the site. The conventional subdivision requires more site disturbance than would be expected with the Highland Valley project. More steep slopes will be disturbed. No land will be developed for recreational purposes. Total disturbance for the conventional alternative would be greater than the proposed action. With this alternative, the Town’s goal of increasing open space and recreational opportunities would not be realized. Under the “Conventional Subdivision Alternative” there would be:
No Additional affordable housing options in the Town of Fishkill. No central water or sewer facilities. Substantial amount of regrading. Decreased additional revenue generated to the Town, County, or State. Decreased local economic activity resulting from the construction of the subdivision and the on-going needs of the new residents. Increase in lighting or noise emitted from the project site. Alteration of the existing viewshed. Changes in existing stormwater patterns. Increase in the amount of solid waste to be disposed of in landfills or recyclable material to be reclaimed. Increases in the use of domestic energies. Impacts on the Haldane School District. Elimination of the current mining activities. Elimination of the truck traffic generated by the current mining activities. Highland Valley DEIS – Page 199
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5.3 CLUSTERED MANUFACTURED HOUSING ALTERNATIVE The cluster manufactured housing alternative would generate 210 lots based on the current zoning for the RMF-5 zone. The clustered option would provide areas that would be dedicated as open space throughout the project site. This Project Sponsor is proposing to this alternative in order to preserve open space. As mentioned earlier herein, this project will utilize central water and sewer facilities. Section 106 of the Town of Fishkill Zoning Code states that the minimum buildable area for a lot in this development alternative must be 7,500 square feet in size. Under this development alternative there would be:
Open space areas per the Town’s goals. Additional affordable housing options in the Town of Fishkill. Central water and sewer facilities. Additional recreational area for the residents of the Town of Fishkill Increases in vehicular traffic. Additional revenue generated to the Town, County, or State. Local economic activity resulting from the construction of the subdivision and the on-going needs of the new residents. Increases in lighting or noise emitted from the project site. Alteration of the existing viewshed. Change in existing stormwater patterns. Increase in the amount of solid waste to be disposed of in landfills or recyclable material to be reclaimed. Increases in the use of domestic energies. Elimination of the existing mining activity. Elimination of the truck traffic generated by the current mining activities.
6.0 OTHER ENVIRONMENTAL IMPACTS 6.1 UNAVOIDABLE ADVERSE IMPACTS Many proposed projects could have adverse impacts on the environment that cannot be avoided. Some of these are short-term impacts that would occur primarily during construction phases. Most of these impacts arise from the alteration of existing site conditions. There are, however, other adverse impacts that would have permanent or long- term environmental effects. Most of these are an unavoidable consequence of the urbanization process. However, the Highland Valley project would replace the existing Southern Dutchess Sand & Gravel mine with a multi-generational affordable residential project. An alternative to the Highland Valley project is to continue the mining activities at the site using subaqueous mining technology. The following adverse impacts cannot be avoided if the Highland Valley project is implemented: Highland Valley DEIS – Page 200
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• Replacement or disturbance of on-site soils during the course of development.
• An increase in impervious surfaces and alteration of stormwater runoff;
• Removal of existing vegetation;
• Replacement of native species with cultivars and ornamental plants by new residents;
• Creation of two new access points on US Route 9 and generation of additional traffic;
• Introduction of approximately 24 school age children to the overall student population in the Haldane Central School District;
• An increase in usage of water, generation of wastewater, and energy usage; and
• Change in the existing land use and character of the project area.
6.2 IRREVERSIBLE & IRRETRIEVABLE COMMITMENT OF RESOURCES
6.2.1 Natural Resources Made Unavailable for Future Use Some areas of existing undeveloped land will be committed to development of residences, roads, and landscaped areas. Some existing soils will be altered and replaced with paving. Some wildlife habitat, as it presently exists, will be irretrievably lost or altered. The existing natural resources that could be made unavailable for future use include forest areas and old agricultural fields. Resources will be consumed during construction of the site, including fossil fuels and construction materials. Non-renewable fossil fuels will be irretrievably lost through the use of gasoline and diesel powered construction equipment during demolition and construction. Development of the site will generate an increased demand for electricity and natural gas. Increased commitments will be made for the use of central water and sanitary sewage disposal, solid waste disposal and municipal services such as police and fire protection. Commitments will also be made for the use of renewable or recyclable resources such as construction and building materials including timber, steel, concrete, and glass. The need for demolition/construction jobs and related service-oriented industries will be an irretrievable commitment of labor resources.
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6.3 GROWTH INDUCING IMPACTS
6.3.1 Future Growth Potential The site is currently within the GB/R-4 zoning district. The Project Sponsor is seeking a zone change to the RMF-5 zone in order to develop the site as outlined herein. The development potential of the site is limited to those activities permitted by the Town of Fishkill Zoning Ordinance under Section 106 of the Town of Fishkill Zoning Code, if approved by the Town of Fishkill Town Board.
6.3.2 Impact on Local Roadways and on Future Development The land in the surrounding area is predominantly commercial with sporadic residential uses, therefore, does not represent a precedent setting action for development in this area. The corridor along US Route 9 is intensively developed with a variety of commercial uses that support the existing residences and will likewise provide commercial services for the residents of the Highland Valley project. Major transportation corridors near the site include Route 9, Interstate – 84, NYS Route 52, and the Taconic State Parkway. The Parkway facilitates traffic in a north/south direction and connects with Interstate 84 southwest of the project site. The conclusions of the Traffic Impact Study are that the studied intersections within the immediate area of the site are not significantly deteriorated by the proposed residential development. Overall, operating characteristics will remain acceptable with the construction of the proposed development.
6.4 EFFECTS ON THE USE & CONSERVATION OF ENERGY RESOURCES
6.4.1 Energy Sources to be Used If The Project Is Implemented The existing and proposed primary energy sources for the project are electricity, fuel oil, and liquid propane gas. Electricity will be provided by Central Hudson Gas and Electric Corporation for lighting, cooling, cooking and operating internal equipment/appliances. Fuel oil and propane will be provided by a private supplier. There is an abundant supply in the region for both of these types of fuel. Alternatives for heating individual dwelling units include natural gas, and passive or active solar designs. At the present, neither of these alternatives are planned.
6.4.1.1 Increased Energy Consumption Central Hudson Gas and Electric is able to provide sufficient electric service to the proposed subdivision. In addition, lighting fixtures will utilize energy saving lamps and ballasts.
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6.4.1.2 Energy Conservation Measures All dwelling units will be built in conformance with the energy conservation regulations of the New York State Energy Conservation Construction Codes.77 In addition, low-flow water conservation plumbing devices will be installed on all showerheads and faucets consistent with the New York State Environmental Conservation Law.78 The impact of these water conservation devices is a reduction in the demand water, particularly for hot water, therefore reducing energy demand to heat water.
779 NYCRR 7810-7816. 78New York State Environmental Conservation Law, Article 15, Section 15-0314. Highland Valley DEIS – Page 203