Draft Generic Environmental Impact Statement (DGEIS) Frontier Town Upper Hudson Recreation Hub Town of North Hudson Essex County, New York - C.T ...
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Pre-Filed December 7, 2017 Draft Generic Environmental Impact Statement (DGEIS) Frontier Town Upper Hudson Recreation Hub Town of North Hudson Essex County, New York Prepared for: NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION 625 Broadway Albany, NY 12233 Prepared by: C.T. MALE ASSOCIATES 50 Century Hill Drive Latham, New York 12110 (518) 786-7400 FAX (518) 786-7299 C.T. Male Associates Project No: 17.7446 Unauthorized alteration or addition to this document is a violation of the New York Copyright 2017 State Education Law. C.T. MALE ASSOCIATES ENGINEERING, SURVEYING, ARCHITECTURE & LANDSCAPE ARCHITECTURE, D.P.C.
DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT Frontier Town Upper Hudson Recreation Hub Town of North Hudson, Essex County, New York Lead Agency NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 625 Broadway Albany, New York 12233-0001 Contact Person: Robert Davies, Director Division of Lands and Forests Organizations involved in DGEIS Preparation C.T. MALE ASSOCIATES ENGINEERING SURVEYING, ARCHITECTURE & LANDSCAPE ARCHITECTURE, D.P.C. 50 Century Hill Drive Latham, New York 12110 Date of Acceptance by the Lead Agency: ______________________________
FRONTIER TOWN—UPPER HUDSON RECREATION HUB DGEIS—FRONTIER TOWN UPPER HUDSON RECREATION HUB TABLE OF CONTENTS Page 1.0 INTRODUCTION ....................................................................................................1 2.0 FRONTIER TOWN CAMPGROUND, EQUESTRIAN AND DAY USE AREA LOCATION ..................................................................................................2 3.0 DESCRIPTION OF THE PROPOSED ACTION ..................................................4 3.1 State Campground, and Equestrian Campground and Day Use Areas ..............................................................................................................4 3.2 Private Development .................................................................................10 3.3 Permits and Approvals .............................................................................11 3.3.1 Frontier Town Campground, Equestrian and Day Use Area ..................................................................................................11 3.3.2 Private Development .....................................................................12 4.0 EXISTING SETTING..............................................................................................14 4.1 Topography.................................................................................................14 4.2 Geology........................................................................................................14 4.3 Soils ..............................................................................................................16 4.4 Agricultural Resources ..............................................................................16 4.5 Ground Water and Surface Water Resources ........................................16 4.5.1 Ground Water .................................................................................16 4.5.2 Surface Water..................................................................................17 4.5.3 Floodplains......................................................................................18 4.6 Air Resources ..............................................................................................18 4.7 Terrestrial and Aquatic Ecology ..............................................................19 4.7.1 Vegetation .......................................................................................19 4.7.2 Wetlands ..........................................................................................20 4.7.3 Wildlife ............................................................................................22 4.7.4 Significant Natural Communities ................................................23 4.8 Land Use and Zoning ................................................................................23 4.9 Traffic and Transportation........................................................................25 4.10 Community Services..................................................................................26 4.11 Historic and Archaeological Resources ..................................................27 5.0 POTENTIAL ENVIORNMENT IMPACTS AND MITIGATION MEASURES .............................................................................................................29 i
5.1 Land Resources ..........................................................................................29 5.2 Groundwater ..............................................................................................30 5.2.1 Groundwater Supply .....................................................................30 5.2.2 Wastewater Disposal Systems......................................................31 5.2.2 Other Groundwater Contaminant Sources ................................32 5.3 Surface Water..............................................................................................33 5.3.1 Stream Impact Analysis ................................................................33 5.3.2 Floodplain Impact Analysis .........................................................36 5.3.3 Stormwater Impact Analysis ........................................................37 5.3.4 Dam Breach Impact Analysis .......................................................39 5.4 Air Resources ..............................................................................................40 5.4.1 Construction Related Air Impacts ...............................................40 5.4.2 Transportation Related Air Impacts ............................................41 5.4.3 Operational Related Air Impacts .................................................41 5.5 Terrestrial and Aquatic Ecology ..............................................................42 5.5.1 Vegetation .......................................................................................42 5.5.2 Wetlands ..........................................................................................45 5.5.3 Wildlife ............................................................................................47 5.5.4 Significant Natural Communities ................................................47 5.6 Land Use and Zoning ................................................................................48 5.7 Traffic and Transportation........................................................................49 5.8 Consistency with Community Character ...............................................50 5.9 Historic and Archaeological Resources ..................................................50 5.10 Aesthetic Resources ...................................................................................51 5.11 Noise ............................................................................................................53 5.12 Open Space and Recreation ......................................................................54 5.13 Consistency with Community Plans .......................................................54 5.14 Energy Use ..................................................................................................54 6.0 ALTERNATIVES ....................................................................................................55 6.1 Alternative Sites .........................................................................................55 6.2 Alternative Master Plans...........................................................................55 6.3 Alternative Design Plans for Frontier Town Campground, Equestrian and Day Use Area ..................................................................56 6.4 Alternative Uses .........................................................................................57 6.5 No-Action Alternative ...............................................................................57 7.0 UNAVOIDABLE ADVERSE IMPACTS OF THE PROPOSED ACTION ..................................................................................................................58 8.0 CUMULATIVE AND GROWTH INDUCING ASPECTS OF THE PROPOSED ACTION ............................................................................................59 8.1 Cumulative Impact Analysis ....................................................................59
8.2 Growth-Inducing Aspects of the Proposed Action ...............................59 9.0 IRREVERSIBLE AND IRRETRIVABLE COMMITMENT OF RESOURCES ...........................................................................................................61 10.0 EFFECT OF THE PROPOSED ACTION ON THE USE AND CONSERVATION OF ENERGY ..........................................................................62 11.0 SOLID WASTE MANAGEMENT .......................................................................63 12.0 REFERENCES .........................................................................................................64 Figures Figure 1: Site Location Map Figure 2: Frontier Town Campground, Equestrian and Day Use Area Map Figure 3: APA Land Classification and Local Zoning Figure 4: Topography Figure 5: Surficial Geology Figure 6: Bedrock Geology Figure 7: Soils Figure 8: Floodplains Tables Table 1: List of Property Owners Appendices Appendix A: Master Plans Appendix B: Site Plans for Campground and Equestrian Center Appendix C: Ecological Assessment Appendix D: Wetlands Data Appendix E: Floodplain Analysis Appendix F: Traffic Impact Study Appendix G: Cultural Resources Assessments Appendix H: Hydrogeologic Report for New Water Supply Well Appendix I: Visual Impact Assessment Appendix J: Elevation Rendering Package Appendix K: Exterior Signage
C.T. MALE ASSOCIATES 1.0 INTRODUCTION This proposed (“pre-filed”) Draft Generic Environmental Impact Statement (DGEIS) has been prepared with the objective of satisfying the requirements of the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations at 6 NYCRR Part 617 for the proposed development of an approximate 343.41-acre project area located in the Town of North Hudson, Essex County, New York. It has been prepared for the New York State Department of Environmental Conservation (DEC) and is based on currently available information pertaining to the planned future development activities associated with the Upper Hudson Recreation Hub, including both State and private development. While the design for the State portion of the project has been completed, the private project has not yet been identified. Thus, this is a Draft Generic Environmental Impact Statement that assumes the private development will be in general accordance with the Master Plan for the Upper Hudson Recreation Hub. This DGEIS is filed in lieu of the Full Environmental Assessment Form (EAF), as provided for within the SEQRA at 6 NYCRR 617.6(a)(4). As such, it is considered a “pre-filed DGEIS”. Once selected, the Lead Agency shall use this pre-filed DGEIS, the criteria contained in subdivision (c) of 6 NYCRR Part 617. 7, and any other supporting information to identify relevant areas of environmental concern. The intent of this pre- filed DGEIS (versus a Full EAF) is to provide the public and other stakeholders more setting and project information, as well as a reasoned analysis process, for consideration in a clearer format upfront than would a Full EAF. Should a later Determination of Significance require a Draft GEIS, this document will provide an outline or draft for a Draft GEIS. The Master Plan for the Upper Hudson Recreation Hub, as put forth by Governor Andrew Cuomo, aims to continue efforts to protect the Adirondack Park while attracting tourists into a new gateway to experience the wide array of recreational options this region has to offer, including a new State Campground and Equestrian Center and private development. Refer to Master Plans provided in Appendix A. -1-
C.T. MALE ASSOCIATES 2.0 FRONTIER TOWN CAMPGROUND, EQUESTRIAN AND DAY USE AREA LOCATION The total project area comprises approximately 343.41 acres in the Town of North Hudson, Essex County, New York. It is located proximal to Exit 29 of Interstate Route 87, commonly known as the Northway or I-87, east of the Schroon River and south of Blue Ridge Road along NYS Route 9. A central portion of the project area was previously developed as a theme park, Frontier Town, which is now derelict. The project area is comprised of municipally-owned lands and adjacent privately owned parcels that may be included, consisting of the following tax map parcels (Table 1). Table 1: List of Property Owners Mail Address Parcel Year Property Owner Total Acres Acres in Number Built Project Area 80 Frontier Town 125.1-1- 1930 Essex County 84.63 73.53 Rd 21.000 US Route 9 125.1-1- Essex County 1.49 1.49 27.000 4050 Blue Ridge 125.1-1- 1960 Essex County 27.80 27.80 Rd 24.000 4010 Blue Ridge 125.1-1- 1960 Moore Family 50.30 50.30 Rd 22.000 Real Estate LLC Frontier Town Rd 125.1-1- National Grid 4.10 4.10 20.000 Frontier Town Rd 125.1-1- Essex County 2.57 2.57 19.000 2686 US Route 9 125.1-1- Town of North 204.50 173.62 39.200 Hudson 2653 US Route 9 125.1-1- 1950 Pelton, Betty J 10.00 10.00 38.000 -2-
C.T. MALE ASSOCIATES The project area is located inside the boundaries of the Adirondack Park and involves a combination of non-state lands classified as Hamlet, Moderate Intensity, and Rural Use pursuant to the Adirondack Park Agency Act. The Town of North Hudson has an established zoning law. The north section of the project area is zoned Commercial (Com), and the south section of the project area is zoned Rural Residential (RR). Refer to Figure 2 which depicts both the APA land classifications and local zoning classifications for the project area. Section 4.8, Land Use and Zoning, of this DGEIS provides a detailed description of the APA land use and local zoning classifications. -3-
C.T. MALE ASSOCIATES 3.0 DESCRIPTION OF THE PROPOSED ACTION The proposed action is the private and State development of the former Frontier Town area consisting of approximately 343.41 total acres of land currently under a combination of municipal and private ownership (Figure 1). 3.1 State Campground, and Equestrian Campground and Day Use Areas DEC plans to construct and operate a State Campground, Equestrian Campground and two (2) Day Use Areas (the “Frontier Town Campground, Equestrian and Day Use Area” or alternatively “State Campground and Equestrian Center”) within approximately 91 acres of the project area. Refer to the Site Plans for the Frontier Town Campground, Equestrian and Day Use Area provided in Appendix B. At present, DEC has an access agreement in place with landowners which allows for the construction and operation of the facility. The property will be encumbered by a conservation easement and will be protected in perpetuity for public recreational purposes. The general purpose of the Frontier Town Campground, Equestrian and Day Use Area is to provide opportunities for the public to connect with the natural environment of the Adirondacks and enjoy outdoor recreational activities. The project will also provide trailhead access for hiking and horseback riding, along with areas for picnicking. The proposed Frontier Town Campground, Equestrian and Day Use Area includes approximately 11,450 linear feet of new paved roads and a total of ninety-one (91) camping sites. The Frontier Town Campground, Equestrian and Day Use Area will have its own potable water supply source and private wastewater treatment system. There will be a total of three (3) play areas; one with two (2) structures in the Day Use Area along the Schroon River, one in the Tent Camping Area next to a pavilion, and one “ninja warrior course” along a proposed trail just to the East of the RV and Trailer Camping Area. Exterior lighting will be limited to light-emitting diode (LED) wall mounted fixtures at the building entries including the ticket booth, bathroom and shower buildings, caretaker’s cabin, worker’s cabin, and maintenance garage. All exterior lighting will consist of downward, directional lighting that is night sky compliant. In addition, the pavilions will have interior LED ceiling lights. -4-
C.T. MALE ASSOCIATES Exterior signage will be consistent with the Adirondack style, brown and yellow signs that DEC uses at State campgrounds throughout the Adirondack Park and New York State (see Appendix K). At the main camp entrance, a Frontier Town style “branding” sign with a rustic stockade-picket timber wall structure will be erected. The Frontier Town script will be consistent with the historical Frontier Town logo. A western or “Frontier Town” theme is to be incorporated into the building designs that will be visible to the public and/or campsite patrons. These will include: Entrance Ticket Booth, and Bathroom and Shower buildings. Interior campground signage for directional and informational purposes will similarly utilize yellow lettering on a brown background. There are anticipated to be up to approximately 300 interior signs each having a dimension of approximately 2.5 square feet (SF). Interior campground signage will be used for a variety of information purposes typical for a State campground. All electric power distribution will be underground and will be provided to: Caretaker’s Cabin, Workers Cabin, Maintenance Garage, Water Treatment/Storage Building, Entrance Ticket Booth, Bathroom and Shower Buildings, Recycle Building, Pavilions, Firewood Building, and Recreational Vehicle (RV)/Trailer sites. The fuel source for heating will be electric at Ticket Booth and propane at Caretaker’s Cabin, Workers’ Cabin and the Maintenance Garage. The Frontier Town Campground, Equestrian and Day Use Area is planned to be operated seasonally for camping, mid-May through Columbus Day (mid October), 24 hours a day, seven (7) days a week. The Trailhead and Day Use Area located off of Frontier Town Road near NYS Route 9 will be open year round, 24 hours per day, seven (7) days per week, free of charge, including for use during the winter. It is anticipated that there will be two (2) full-time workers employed year-round. Seasonally during campground operations there will be an additional seven (7) part- time workers employed for 30 weeks per year, and four (4) full-time workers employed for 40 weeks per year. Trails within the Frontier Town Campground, Equestrian and Day Use Area will connect to the existing trail network along NYS Route 9 and also part of the Schroon Lake-North Hudson Snowmobile trail network known as the “Ti to Co Line Trail”. The trails will also provide connectivity to the Hammond Pond Wild Forest to the east, to -5-
C.T. MALE ASSOCIATES the Vanderwhacker Mountain Wild Forest on the west, and to the Palmer Pond Bridge connection on the west into publicly owned lands including the Essex Chain Lakes Complex. In addition, it is anticipated that they will connect to other trails and public roads associated with private development in the northern portion of the project area. The major components of the Frontier Town Campground, Equestrian and Day Use Area are described in the following paragraphs. The design objective for all the campsites is to provide universally designed accessible camping. Universal Access provides recreation opportunities for everyone - from the oldest adult to the youngest child and everyone in between, including people with disabilities. Shared Entrance Road: A Shared Entrance Road is proposed extending from Frontier Town Road to the main entrance of the Frontier Town Campground, Equestrian and Day Use Area. A left turn lane will provide access into the Frontier Town Campground, Equestrian and Day Use Area, allowing through traffic north into the private development area. Entrance Ticket Booth: The Entrance Ticket Booth is located at the main entrance of the Frontier Town Campground, Equestrian and Day Use Area and will have a western theme to its appearance that will reflect the historical aspect of the Frontier Town amusement park. It will have an entrance gate and provide seasonal access to camping areas and the Day-Use Area along the Schroon River. A solar power source will be located near the entrance to provide power to the booth. The entrance gate will be locked during the winter months and roads beyond the left turn lane providing access into the Frontier Town Campground, Equestrian and Day Use Areas will not be plowed. The Entrance Ticket Booth area will provide for the queuing of cars and trailers. It will be equipped with a bathroom for employees. Ice and firewood will be sold to campground guests from this location. Equestrian Camping Area: An Equestrian Camping Area provides space for thirty-three (33) equestrian camping sites. There will be one Shower Building 1 and one pavilion in the Equestrian Camping Area. All of the horse campsite pads will be provided with electrical hookups. Water spigots will be provided for horse stalls and 1 spigot will be provided for every 10 campsites. Thirteen (13) horse tie stalls will be 1 Shower Buildings will have showers and bath rooms. -6-
C.T. MALE ASSOCIATES provided, each having a capacity of up to five (5) horses. In addition, one Stud Stall will be provided. Two (2) Americans with Disabilities Act (ADA) compliant horse mounting ramps will be provided. A pavilion will be provided for a covered gathering area with open sides. It will have a concrete floor and will typically have eight (8) picnic tables and a group sized, accessible hibachi. It will have electrical hookups and interior lighting. Horse manure will be temporarily stored on site in two (2) concrete holding structures within the Equestrian Camping Area. Equestrian campers will be expected to clean up their areas and stalls prior to leaving their site. Wheel barrows will be available to take manure to the manure storage holding structures. Using a loader, DEC staff will clean out manure holding structures weekly during the operating season. Manure will be transferred to an approved disposal area, composting facility or solid waste facility, to be determined at a later date. RV and Trailer Camping Area: A Recreational Vehicle (RV) and Trailer Camping Area provides space for thirteen (13) RV and Trailer camping sites. There will be one Shower Building in the RV and Trailer Camping Area. All of the RV and trailer campsite pads will be provided with electrical hookups. Water spigots will be provided within 250 feet of each campsite and 1 spigot will be provided per ten (10) sites. Tent Camping Area: A Tent Camping Area is located to the south and west of the RV and Trailer Camping Area, extending towards the Schroon River. A total of forty-five (45) tent camping sites are proposed along with two (2) Shower buildings. Each tent site will have parking for two (2) vehicles, a picnic table, fire place, and 12 by 12 feet tent pad. None of the tent campsites will have electrical power. Water spigots will be provided within 250 feet of each tent site and 1 spigot per 10 sites and each pavilion. There will be a play area and two (2) pavilions in the Tent Camping Area. Each pavilion will be a covered open area with a concrete floor, typically with eight (8) picnic tables, and a group sized, accessible hibachi. It will have electrical outlets, interior lighting and a water spigot. A minimum of 30 feet buffer of existing vegetation will be maintained between tent sites. The top of bank along the Schroon River is 15 feet above the river in the tent camping area. All tent sites will be set back at least 30 feet from top of bank along the Schroon River so that they will not be visible to recreational users of the river. -7-
C.T. MALE ASSOCIATES Day Use Area along the Schroon River: A seasonal Day Use Area is located along the shoreline of the Schroon River. This Day Use Area includes a pavilion, playground and water operated bathroom which will be open for day users as well as campers. This pavilion may be reserved by the public in advance. Thirty-four (34) parking spaces will be provided at the bathroom/pavilion, two (2) of which will be accessible. In addition, four (4) parking spaces will be povided for access nearer the river, one of which will be accessible. The pavilion will be a covered open area with a concrete floor, typically with eight (8) picnic tables, and a group sized, accessible hibachi. It will not have electrical outlets or interior lighting. Day Use Area along Frontier Town Road: An all-season Day-Use Area is located off of Frontier Town Road near NYS Route 9. The primary intent of this Day Use Area is to provide all season parking and trail access, including for winter use. Parking for twenty-six (26) vehicles will be provided including eighteen (18) sized to allow for vehicles with snowmobile trailers, six (6) for vehicles only and two (2) accessible vehicle spaces. No electric power or water is provided. A restroom will be equipped with Romtec or equivalent waterless toilets. Worker and Care Taker’s Cabins and Garage: This area for DEC staff is located along NYS Route 9 and provides a second access to the State Campsite and Equestrian Center. Two (2) cabins are provided for four (4) seasonal workers and one care taker. No public access will be provided into this area but the road could be used if needed for emergency access. Firewood deliveries will be made from this area into the campground. Products associated with campground operation including soap, paper products, general use pesticides/herbicides, and cleaning supplies, etc. will be stored in either the garage or caretaker/worker cabins. Trailer Dump Station: A Trailer Sanitary Waste Dump Station is located north of the RV and Trailer Camping Area in close proximity to the Equestrian Camping Area. The Trailer Dump Station will be equipped with a 3,000 gallon septic tank for the settling out of solids and organics. Effluent will be run by gravity to a pump station near the RV/Trailer Camping area from where it will be then pumped to a septic field located near the Caretaker’s cabin. RVs and Trailers that have chemical holding tanks will be able to utilize the dump station to empty their tanks prior to leaving the campground. -8-
C.T. MALE ASSOCIATES Auxiliary Structures and Storage: A garage will be provided for the storage of hand tools and machinery used for the operation of the campsite such as a small tractor with bucket loader. A firewood storage building will store bulk firewood that will be dispensed at the Entrance Ticket Booth. A Water Treatment/Storage building is included for the treatment and storage of the potable water supply. Emergency Access Road: A separate, dedicated emergency access road may be added in the future. This would be located in the south portion of the Frontier Town Campground, Equestrian and Day Use Area, providing an alternative ingress and egress route exiting the facility in case of an emergency. Gates will prevent public use of the Emergency Access Road during normal use. -9-
C.T. MALE ASSOCIATES 3.2 Private Development Portions of the remaining 252.41 acres of the project area will include commercial and light industrial facilities that will complement the Frontier Town Campground, Equestrian and Day Use Area. (See Figure 2.) In addition to the private development described below, the Town of North Hudson intends to operate an existing parking area. This parking area is located in the existing paved area off of Frontier Town Road and consists of approximately 2.7 acres. It is estimated that this existing paved area can accommodate approximately 200 to 250 parking spaces. The State, County and Town are presently reviewing private developer proposals in response to a Request for Proposals (RFP) dated May 22, 2017 issued by the New York State Empire Development (ESD), Based on the RFP and its supporting information, it is anticipated that the private developer proposal will entail a new destination in the Adirondacks. Visitor accommodations may be provided for overnight and day use. Outdoor space may be provided for events. Commercial flex-space may be provided for the sale of various Adirondack products. Some amount of light manufacturing or other commercial use may be proposed for future development. Rehabilitation, if viable, of some existing Frontier Town Village structures and interpretive features are anticipated. Private development is expected to have its own public water supply source and private wastewater treatment system. The environmental impacts associated with the private development in response to the ESD RFP are generically addressed within this DGEIS. The following are the major project components that are contained in the master plan that was included in the ESD RFP upon which requested response proposals were to be modeled upon. 1. Visitor Center. 2. Cabins and Hotel. 3. Patron Services and Amenities. 4. Education and Interpretive. 5. Existing Site Structures. - 10 -
C.T. MALE ASSOCIATES 6. Venue for Local Products and Artists. 7. Venue for Regional Organizations. 8. Commercial Services and Businesses. 9. Rentals. In addition to the private development presented above in response to the ESD RFP, a private brewery is being advanced nearby to the State Campground and Equestrian Center on approximately 11.1 acres between Frontier Road and NYS Route 9. This project, sponsored by Paradox Brewery, is not part of the proposed action. It has independent utility and is presently seeking local site plan and subdivision approvals from the Town of North Hudson. SEQRA compliance for this development will be addressed by the Town of North Hudson Planning Board as lead agency. Nevertheless, due to the timing and location of the proposed Paradox Brewery Project, the potential cumulative impacts associated with this independent project are discussed generically in Section 8.1 of this Pre-filed DGEIS. 3.3 Permits and Approvals 3.3.1 Frontier Town Campground, Equestrian and Day Use Area The following permits and approvals are anticipated to be necessary for the Frontier Town Campground, Equestrian and Day Use Area. • Adirondack Park Agency (APA): Article 27 Section 814 State Agency Order and 9NYCRR Part 577 Wild Scenic and Recreational Rivers Permit. • New York State Department of Environmental Conservation (DEC): State Pollution Discharge Elimination System (SPDES) Permit for Wastewater Disposal Systems and SPDES Stormwater General Permit for Construction Activities. • Essex County Department of Health (DOH): Part 5 Public Water Supply Permit. • New York State Department of Transportation (NYSDOT): Highway Work Permit for two (2) new curb cuts along NYS Route 9. - 11 -
C.T. MALE ASSOCIATES • Town of North Hudson: State agency actions are not subject to local approvals. Prior to construction, DEC intends to consult with the Town and County regarding Town and County standards for the proposed Frontier Town Campground, Equestrian and Day Use Area . • New York State Office of Parks, Recreation and Historic Preservation (OPRHP): No impact determination, or no adverse impact determination or letter of resolution after completing all necessary cultural resource studies. Based on the current project design, no permits are anticipated to be needed from the U.S. Army Corps of Engineers (USACE). Nor is a 6NYCRR Part 608 Protection of Waters Permit or 401 Water Quality Certification necessary, as no work is being proposed that would disturb waterways, including federally-protected wetlands or the bed or bank of the Schroon River. 3.3.2 Private Development A combination of the following permits and approvals are anticipated to be necessary for private development. Depending upon the specific development plans and their location and usage rated within the project area, this list of permits and approvals can be refined to reflect the actual permits required for a given private development project. This list assumes that wetlands and other waters of the U.S. under the jurisdiction of the USACE would not be impacted by private development. • Adirondack Park Agency (APA): 9NYCRR Part 577 Wild Scenic and Recreational Rivers Permit, Class A or B Regional Permit, and Wetlands Permit. In Hamlet Areas, an APA Class A or B Regional Permit would only be required for structures exceeding 40 feet, or an APA wetlands permit would be required if work is proposed that will impact an APA jurisdictional wetland area. In addition, proposed subdivisions involving wetlands would trigger the need to an APA subdivision approval. • New York State Department of Environmental Conservation (DEC): SPDES Permit for Wastewater Disposal Systems, SPDES Stormwater General Permit for Construction Activities, Petroleum/Chemical Bulk Storage Registration, - 12 -
C.T. MALE ASSOCIATES Approval of Remedial Actions, and possible Water Withdrawal Permit or Air Registration/Permit. • Essex County Department of Health (DOH): Part 5 Public Water Supply Permit and Wastewater Disposal System Design Approval (depending upon design flow rate). • New York State Department of Transportation (NYSDOT): Highway Work Permit. • Town of North Hudson: Site Plan and Subdivision Approvals from Planning Board; Variance from Zoning Board of Appeals; and Highway Work Permit, Floodplain Development Permit, and Zoning Permit before a Building Permit can be issued by the Zoning Enforcement Officer (ZEO). • New York State Office of Parks, Recreation and Historic Preservation (OPRHP): No impact determination, or no adverse impact determination or letter of resolution after completing all necessary cultural resource studies. In addition, it is anticipated that private development projects requiring the Town of North Hudson Planning Board Approval will also require an advisory recommendation from the Essex County Planning Board in accordance with General Municipal Law (GML) §239-m. - 13 -
C.T. MALE ASSOCIATES 4.0 EXISTING SETTING The project area is located in the Central East portion of the Adirondack Mountains, north of Schroon and Paradox Lakes within the Schroon River Valley in close proximity to Exit 29 of Interstate Route 87 (I-87). 4.1 Topography The existing topography of the project area can be characterized as having a broad valley morphology associated with the Schroon River that is defined by relatively steep, mountainous slopes to the west of the Schroon River and I-87, and east of NYS Route 9 (Figure 3). Valley floor elevations generally range from 900 to 920 feet above mean sea level (AMSL) along NYS Route 9 to approximately 850 feet AMSL along the Schroon River. Mountain elevations above the valley floor range from 2,200 to more than 3,000 feet above AMSL west of the project area, to lower elevations in the range of 1,400 to 1,700 feet AMSL east of the project area. Topographic relief within the project area ranges from a high of approximately 1,000 feet AMSL in the extreme southeast corner of the project area to a low of approximately 842 feet AMSL associated with the lands along the banks of the Schroon River. Slopes within the project area generally are west sloping towards the Schroon River. Portions of the project area are relatively flat proximal to Frontier Town Road, NYS Route 9 and Blue Ridge Road. Other portions of the project area have moderate to steep slopes associated with historical erosion of the valley-fill deposits by the Schroon River whose normal flows take place within an incised river channel. Distinctive curved water bodies known as ox-bow lakes are apparent in the southeast portion of the project area, proximal to the proposed RV camping area. 4.2 Geology The geology of the project area can be characterized as a glacial outwash stream valley bounded by bedrock formations on valley sides with recent stream deposits along the Schroon River. The Schroon River valley in this location is bounded by normal faults. - 14 -
C.T. MALE ASSOCIATES Surficial deposits mapped in the project area consist of fluvial sand and/or gravel (fg), kame deposits (k), and till (t) (Figure 4). These surficial units were deposited during the Pleistocene epoch when the Wisconsin continental glaciers covered most of the Northeast U.S. The general sequence of deposition is till over bedrock, with the various sand and gravel outwash and ice contact units deposited on top of till in the valley areas. The fluvial sand and/or gravel is defined as having occasional laterally continuous lenses of silt with deposition farther from the glacier than as compared to glacial outwash deposits. This unit is reported to have a variable thickness ranging from 3 to 65 feet. Kame deposits are defined as coarse to fine gravel and/or sand, including kames, eskers, kame terraces, kame deltas ice contact, or ice cored deposition with lateral variability in sorting, texture and permeability, and may have calcareous cement. This unit is reported to have a variable thickness ranging from 33 to 98 feet. Till permeability varies with its level of compaction. This unit is reported to have a variable thickness ranging from 3 to 25 feet. Till is defined as deposited below glacial ice and having a variable texture ranging from boulders to silt, and is usually poorly sorted with sand-rich diamict. Bedrock in the project area is predominantly comprised of Middle Proterozoic metanorthosite and anorthositic gneiss along with a metagabbro; both gneiss and metagabbro are metamorphic rock of igneous origin (Figure 5). Along the Schroon River near the west end of the tent camping area is an area that is mapped as the Cambrian Beekmantown Group that is believed to be the Whitehall Formation, a dolostone limestone. Normal faults are mapped in a NNE-SSW orientation corresponding to the side walls of the stream valley. - 15 -
C.T. MALE ASSOCIATES 4.3 Soils Dominant soils in the project area are loamy sand and sandy loam well-drained soils. Figure 6 depicts the soils that are mapped in the project area derived from available soils mapping from the Natural Resources Conservation Service (NRCS) for Essex County. A majority of the project area is mapped as Adams series soils derived from glacial sand deposits with slopes generally ranging from 3 to 25%. Other soil types present in the project area include: • Fluvaquents-Udifluvents complex (FuA): Nearly level, frequently flooded fine to very fine sandy loam soils mapped along the boundary of the Schroon River and in the lower elevation ox-bows. • Ondawa sandy loam (OwA): A sandy loam to fine sandy loam with 0 to 3 percent slopes in floodplain areas. • Podunk very fine sandy loam (PoA): A very fine sandy loam with 0 to 3 percent slopes in floodplain areas. • Rumney loam (RuA): Fine sandy loam containing gravel with 0 to 3 percent slopes in floodplain areas. • Tunbridge-Lyman complex (TuD): Very rocky and bouldery soils with 15 to 35 percent slopes located along hillsides and mountainsides. 4.4 Agricultural Resources There are no existing agricultural fields located in the project area. 4.5 Ground Water and Surface Water Resources 4.5.1 Ground Water Most of the project area is mapped as a principal aquifer based on mapping done by Bugliosi and Turdell (1988). The valley floor portion of the project area is mapped as an unconfined sand and gravel aquifer having a saturated thickness greater than 10 feet and a well yield of more than 100 GPM. Till deposits and bedrock formation on either - 16 -
C.T. MALE ASSOCIATES side of the valley floor are reported to have low well yield capabilities less than 5 gallons per minute (GPM), except for highly fractured rock which locally may have higher yields. Groundwater in the general project area is expected to have good quality and sufficient quantity. 4.5.2 Surface Water The Schroon River defines the west boundary of the project area. It is an approximate 68 mile long tributary to the Hudson River that flows north to south along the west boundary of the project area. The Schroon River has the dual classification as both a DEC Class C(T) Stream, as well as a Wild, Scenic and Recreational River. The classification “C” designation indicates a best usage for fishing. Class C waters are also suitable for fish, shellfish and wildlife propagation and survival. The water quality of Class C waters is suitable for primary and secondary contact recreation, although other factors may limit the use for these purposes. The “(T)” designation indicates that the surface water may support a trout population. The bed and bank of the Schroon River is subject to DEC regulation under 6 NYCRR Part 608, Protection of Waters Program. Under the State’s Wild Scenic and Recreational Rivers Act, the Schroon River is designated as a Recreational River. Recreational Rivers in general possess outstanding recreational values. The bed, bank and adjacent area of the Schroon River inside the Adirondack Park are subject to APA regulation pursuant to 9 NYCRR Part 577, Special Provisions Relating to Wild, Scenic and Recreational Rivers. There are three (3) intermittent streams present in the project area. One intermittent stream is located in the private development area extending to the Schroon River, and two (2) intermittent streams are present on the proposed State Campground and Equestrian Center. Refer to Section 4.7.2 of this DGEIS which presents specific delineation information pertaining to these three (3) intermittent streams. Intermittent streams having a “significant nexus” to the Schroon River are subject to USACOE jurisdiction under the Clean Water Act (CWA). Palmer Pond is located west-northwest of the project area on the opposite side of the Schroon River and I-87. Palmer Pond has a dam structure and drains into “The - 17 -
C.T. MALE ASSOCIATES Branch”, a major tributary to the Schroon River having a confluence in proximity to Exit 29 of I-87. 4.5.3 Floodplains The Schroon River and its associated floodplain are located along the west boundary of the project area. The Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA) for the Town of North Hudson shows that portions of the project area are located in an area designated as Zone A associated with the flooding of the Schroon River, however the maps do not quantify the Schroon River floodplain elevations (FEMA, 1985). No detailed hydrologic study performed by FEMA for this section of the Schroon River was found. Lacking a hydrologic study to support a site-specific floodplain elevation determination, a floodplain analysis was performed to supplement this environmental review in order to establish Base Flood Elevations (BFEs) in the project area corresponding to the 100-year floodplain boundary. Floodplain information for the project area is summarized in Appendix E and shown on Figure 7. In addition, the site plans for the State Campground and Equestrian Center show the 100-year floodplain boundary (Appendix B). The calculated BFEs within the project area range from 837.7 feet AMSL at the downstream end of the study reach, to 854.6 feet AMSL at the Blue Ridge Road bridge crossing. 4.6 Air Resources This section establishes the existing ambient air quality based on DEC standards. The proposed project area is located in the Champlain Valley Interstate Air Quality Control Region. The area has been classified by DEC as Level I, which indicates that the area is “…predominantly used for timber, agricultural crops, dairy farming, or recreation. Habitation and industry sparse.” (6 NYCRR Parts 256 and 274). Essex County is in attainment with the USEPA National Ambient Air Quality Standards (NAAQS) for the criteria pollutants sulfur dioxide (SO2), inhalable particulate matter with a diameter less than or equal to 10 microns (PM10), inhalable particulate matter with a diameter less than or equal to 2.5 microns (PM2.5), carbon monoxide (CO), nitrogen dioxide (NO2), and lead. Essex County is within a moderate ozone nonattainment area, and is also located within the ozone transport region which - 18 -
C.T. MALE ASSOCIATES includes New York State, Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont, the District of Columbia, and northern Virginia. Locations that are either within the ozone transport region or a marginal ozone non-attainment area have a lower ’major source‘ threshold for volatile organic compounds (VOC) from 100 tons per year (tpy) to 50 tpy. In addition, this affects the applicability of reasonably available control technology (RACT) requirements for VOC and NOx. The major source threshold for SO2, PM10, CO, and NOx is 100 tpy. 4.7 Terrestrial and Aquatic Ecology 4.7.1 Vegetation One endangered plant species, the Northern Running–pine, has been identified in the project area by the DEC Natural Heritage Program (NHP). Refer to correspondence provided in Attachment C. The Northern Running-pine, an endangered species, is a clubmoss family, primitive plant species that ranges throughout much of Canada and extends into the Pacific Northwest, Upper Great Lakes, northern New York and New England. Its habitat is somewhat general consisting of dry open coniferous or mixed forest alpine slopes, woods and rocky slopes. A biological field survey for the State Campground and Equestrian Center has been performed to look for occurrences of the Northern Running-pine, survey and map ecological communities, and document invasive terrestrial plant species. Refer to Appendix C, Biological Survey. A total of 249 plant species were observed and served to document the following ecological communities: • Pine-Northern Hardwood Forest (~68.6 acres): This is the most dominant ecological community identified. This community consists of a mixed forest that occurs on gravelly outwash plains, delta sands, eskers, and dry lake sands in the Adirondacks. The dominant trees were observed to be white and red pine forming a super-canopy above of mixed deciduous and coniferous trees. • Successional Old Field (~3.9 acres): This community is located in the northern portion of the campground area and consists of an open meadow dominated by grasses and forbs. - 19 -
C.T. MALE ASSOCIATES • Sedge Meadow (~2.9 acres): This community consists of open wet meadow dominated by peat and tussock-forming sedges which seasonally floods and has organic saturated soils. The sedge meadow community is located in the lowest areas of an oxbow of the Schroon River. • Shrub Swamp (~2.0 acres): This community is variable and occurs in small pockets contiguous to oxbows and typically contiguous with other wetlands communities. Vegetation is dominated by speckled alder, red osier dogwood, silky dogwood, meadowsweet, steeplebush, winterberry and shrubby willows. • Northern White Cedar Swamp (~3.1 acres): This community is located in one small area adjacent to a stream. It consists of conifer or mixed swap occurring on organic soils in poorly drained depressions. • Hemlock-Northern Hardwood Forest (~8.8 acres): This community occurs on steep slopes in the project area and on moist, well-drained areas along streams and wetlands, forming a dense canopy cover. Hemlock is the dominant tree with lesser amounts of northern white cedar and other hardwoods, mostly red maple and yellow birch. • Floodplain Forest (~1.3 acres): One small area of floodplain forest was identified, located in an oxbow of the Schroon River and well defined by topography. Silver maple having multiple trunks is the dominant tree species with an open understory. • Disturbed/Developed (~0.4 acres): A cleared area near NYS Route 9 was identified inside a bermed area with fill piles and variable vegetation. 4.7.2 Wetlands Wetlands and other waters of the U.S. (WOTUS) data compiled for the project area are included in Appendix D. This information includes: 1. A Wetlands Delineation Report for the Upper Hudson Recreational Hub draft dated August 2, 2017, prepared for the central portion of the project area known as the former Frontier Town site corresponding to properties currently owned by Essex County and the Town of North Hudson. - 20 -
C.T. MALE ASSOCIATES 2. Supplemental Information to the Agencies dated September 28, 2017, including the U.S. Army Corps of Engineers (USACOE), APA, and DEC. Wetlands delineation field work was done during the period May 2-8, 2017. A jurisdictional determination (JD) request was made to the USACOE, APA, and DEC Region 5 on August 3, 2017. On September 11, 2017 field review of jurisdictional wetlands and stream mapping was performed with representatives from the USACOE, APA, DEC Region 5, and OGS. In response to agency field comments, supplemental submissions were made to USACOE, APA, and DEC Region 5 in correspondence dated September 29, 2017. The Wetlands Delineation Report contains information related to soils, hydrology and vegetation for the Project Area, including available wetlands mapping from the National Wetland Inventory (NWI) and the APA. A total of 16 wetlands, three (3) intermittent streams and one perennial stream, the Schroon River, are identified in the Wetland Delineation Report. The three (3) intermittent streams generally run east to west through the project area towards the Schroon River. The northern most intermittent stream, Stream A, is located in the private development area; it has a defined bed and bank extending to the Schroon River with various culverts in place that conveys stormwater flows through the formerly developed Frontier Town area. The other two (2) intermittent streams located south of Stream A, extend through a portion of the proposed State Campground and Equestrian Center, however their bed and bank do not extend to the Schroon River. These two (2) intermittent streams have a defined bed and bank in the eastern, more steeply sloping section of the project area. However, these two (2) streams become indistinct and ultimately terminate on top of the permeable sand and gravel deposits. Wetlands are principally associated with the present and ancestral drainage of the project area. They range in size from a fraction of an acre up to 6.4 acres, including forested wetlands, emergent wetlands and scrub-shrub wetland types. Refer to Appendix D for more complete descriptions of the identified wetlands. All wetlands identified in the project area are considered to be jurisdictional by the APA. The USACOE however only has jurisdiction over wetlands and other waters of the U.S. at this location having a “significant nexus” to the Schroon River. The wetlands - 21 -
C.T. MALE ASSOCIATES associated with the two (2) intermittent streams in the proposed State Campground and Equestrian Center are believed to be non-jurisdictional with the USACOE, subject to a formal jurisdictional determination. The USACOE formal jurisdictional determination will also address the intermittent streams in the project area, since the USACOE has jurisdiction under the CWA for not only wetlands, but also “other” waters of the U.S., including streams (perennial and intermittent), ponds, and lakes. In October 19, 2017 correspondence the APA confirmed that the wetlands and streams identified in the supplemental submission were accurately depicted on the maps provided. The APA further clarified the following points: 1. Within the context of APA jurisdiction, it was noted that the APA is required to assess project impacts to all “aquatic resources” including potential non- jurisdictional wetlands, intermittent and perennial streams, and other wet areas. 2. Smaller wetlands and other wet areas have value for wildlife habitat and/or flood mitigation. APA suggests that impacts to all aquatic resources be avoided, if possible, and further that impacts to all aquatic resources will be evaluated and considered as part of the review of a project. Jurisdictional determination correspondence from the USACOE is pending. DEC has jurisdiction to the top of bank of the Schroon River, as well as jurisdiction under 401 Water Quality Certification (WQC) for USACOE jurisdictional waters of the U.S. 4.7.3 Wildlife No threatened or endangered wildlife species have been identified in the project area by the DEC Natural Heritage Program (NHP). Refer to correspondence provided in Attachment C. Wildlife that is common throughout the Adirondacks is present within the project area, and there is similar wildlife habitat in the areas surrounding the project area. Common mammal species include: black bear, beaver, star-nosed mole, snowshoe hare, little brown bat, red and gray fox, skunk, bobcat, river otter, muskrat, American mink, marten, ermine, fisher, and flying squirrel. There is a wide diversity of bird species, along with butterflies and moths. - 22 -
C.T. MALE ASSOCIATES Although no bat species have been identified by the DEC NHP and the site is outside the 5 mile buffer from known bat hibernacula, there is one or more bat hibernacula more than 6 miles to the southeast containing Northern long-eared bats (NLEB), a threatened species. So it is possible that NLEB may utilize the project area as a summer roosting habitat. The summer habitat for NLEB consists of snag and cavity trees, as well as larger trees on which bats may find shelter under bark crevices. Cavity trees are defined as live or dead tree with excavations sufficient for wildlife nesting, denning and shelter, whereas snag trees are defined as a standing dead tree that is at least 20 feet tall. These types of trees are present throughout the project area. 4.7.4 Significant Natural Communities One significant natural community has been identified in the project area by the DEC Natural Heritage Program (NHP). Refer to correspondence provided in Attachment C. The Riverside Sand/Gravel Bar community is identified as a high quality occurrence of uncommon community type along the bank of the Schroon River. This rare community type is known to occur in the Upper Schroon River, including sections of the project area. The Riverside Sand/Gravel Bar community has a high ecological and conservation value. It is characterized as having a very long and large occurrence with minor internal disturbances and some protection, with a narrow buffer. 4.8 Land Use and Zoning Existing land use in the project area is limited to forested areas with trails and abandoned structures along with a network of roads and parking areas associated with the former Frontier Town theme park and sand and gravel mine. The portion of the project area that fronts Blue Ridge Road is presently being used as a construction staging area. The Town of North Hudson has a network of trails on their property that is open to public access. Abandoned buildings related to the former Frontier Town theme park are posted as being dangerous or unsafe buildings or structures and declared unfit for human occupancy. The Town of North Hudson owns and operates a DEC permitted mine (DEC #5-1542- 00042/00001- Mine #51025) on the east side of Route 9 near the intersection with Frontier Town Road. The mine has a 9.8-acre Life-of-Mine area and produces sand for winter road use. The mine facility includes material processing by use of screening - 23 -
C.T. MALE ASSOCIATES equipment. The maximum depth of the excavation is 19.5 feet. The estimated life of the mine, including reclamation is 25 years. The hours of operation are Monday - Friday 7:00 AM - 2:00 PM, no weekends or holidays. The proposed maximum truck trips per hour is 5, with an average of 3. Mining is planned to progress from south to north. Mining is above groundwater, and all surface water is retained on-site. The mine is allowed to disturb up to 2 acres at any one time, with concurrent reclamation. The reclamation plans include regraded slopes to a maximum of 1V:2H, to be planted with conservation seed mix, with eventual conversion back to forest land. The APA also has jurisdiction over the Town mine (APA #2010-83). The Schroon River Cemetery is located south of the project area along NYS Route 9. There are several existing commercial businesses in the vicinity of the NYS Route 9/Blue Ridge Road intersection including a Sunoco Gas Station, private campground, and Gokey’s Outlet Store. Town offices are located north of the project area along NYS Route 9. The Town of North Hudson has an established zoning law. The north section of the project area is zoned Commercial (Com), and the south section of the project area is zoned Rural Residential (RR). Refer to Figure 2 which depicts the local zoning for the project area. Commercial Use is generally described as any use involving the sale or rental or distribution of goods, services or commodities, either retail or wholesale, or the provision of recreation facilities or activities for a fee. Depending upon the project proposed, there are three (3) types of zoning permits that can be issued by the Town: 1. Permitted Use: A zoning permit for a permitted use in a district can be issued by the ZEO. 2. Allowed After Site Plan Approval: Uses designated with an “S” require site plan approval from the Planning Board before a zoning permit can be issued by the ZEO. 3. Allowed After Decision by the Zoning Board of Appeals: Following the positive ruling of an appeal made before the Zoning Board of Appeals, a zoning permit can be issued by the ZEO. In addition to the applicability of a local zoning law, the project area is located inside the Adirondack Park and is subject to the jurisdiction of the APA pursuant to a land - 24 -
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