HomeMy WebLinkAboutSCWA - North Fork Transmission Main Project i
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Jeffrey W. Szabo P.O.Box 38,Oakdale,New York 11769
Chief Executive Officer (631)563-0353
Jeff.Szabo@scwa.com
October 2, 2024 ( u �4 a '
Interim Commissioner Sean Mahar Ilyl.
New York State Department of Environmental Conservation 2D24I
625 Broadway `
Albany, New York 12233-1010 ����TOM� 1'�ll �
OF S U K)
Re: Suffolk County Water Authority—North Fork Water Main Extension Project
Lead Agency Determination Request
Dear Interim Commissioner Mahar:
The Suffolk County Water Authority(SCWA)respectfiilly requests the Department
designate SCWA as Lead Agency for purposes of performing an environmental review of
SCWA's North Fork Water Main Extension Project(the"Project"). The Towns of Riverhead,
by letters dated August 29,and September 27, 2024, and Southold, by letter dated September 4,
2024, each oppose this designation. Any comments on this request must be forwarded to the
Commissioner within 10 calendar days of receipt.
Application of the criteria in the regulations implementing the State Environmental
Quality Review Act supports SCWA's position. First, the proposed water main extension
crosses parts of the Towns of Southampton,Riverhead, and Southold. SCWA can analyze the
proposed action wholistically. The local impacts identified by the Towns are primarily transitory j
construction impacts of the type SCWA manages daily. Second, SCWA has the broadest power
to investigate and analyze the proposed action. Third, SCWA has the resources,expertise, and
specific knowledge of its water distribution system,the aquifer system in Suffolk County, the
demands placed upon SCWA's system in Southold, and the need for increased public water in
the Southold system to serve SCWA's existing customers to study the impacts of the Project.
Background
SCWA is Long Island's largest public water provider. SCWA serves potable water to 1.3
million Suffolk County residents. SCWA was established on March 29, 1937 by the Board of
Supervisors of Suffolk County and has been in continuous existence since. SCWA's powers are
set forth in Title 4 of Article 5 of the Public Authorities Law. Pursuant to Title 4, SCWA is a
"body corporate and politic, constituting a public benefit corporation.'' (PAL §1077(1)). New
York State has"determined and declared that the [SCWA] and the carrying out of its powers,
purposes and duties are in all respects for the benefit of the people of the county of Suffolk and
the state of New York, for the improvement of their health, welfare and prosperity and that the
said purposes are public purposes and that the authority is and will be performing an essential
governmental function in the exercise of the powers conferred"by the State.
SCWA operates a large and sophisticated interconnected public water supply and
distribution system with over 6,000 miles of water main that stretches from Huntington to
Montauk and Babylon to Southold. Water is produced from 586 wells,treated at 242 pump
stations,and stored in 69 tanks for a total capacity of 73.6 million of storage. SCWA has
installed approximately 105 miles of mains in since 2020 and roughly 34 miles in the 2023 alone
and managed the temporary impacts this caused.
Some of these mains were constructed in the Towns of Riverhead and Southold. SCWA
has approximately 7,000 feet of water main Riverhead and approximately 216 miles in Southold.
SCWA is installing approximately 20,000 feet of main in Riverhead under an agreement with the
Town. SCWA has installed main along Sound Avenue in Riverhead and Southold.
SCWA operates 60 wells in Southold and uses these wells to provide water in the Town.
(There is an emergency interconnection with the Riverhead Water District on the southwest part
of the system). The combined capacity of the wells is 11,900 gallons per minute(gpm). SCWA
has one elevated tank and two ground level reservoirs in the Town providing 2.8 million gallons
of capacity. SCWA has 10,248 service connections in Southold, which is more than half of the
existing premises in the Town. According to a 2019 report prepared by the consulting firm
H2M,there were still 3,210 residences in Southold on private wells. According to reports from
the Suffolk County Department of Health Services, some of the highest levels of PFAS in private i
wells in the County have been detected in the Orient area. The County has identified Orient as a
priority area for public water. f
Southold experiences a summer population surge as exemplified by the increase in water
delivered in the Town from a winter average of 1,800 gallons per minute (gpm)to a peak range
in the summer from 9,000 gpm to 12,000 gpm in the early morning. The highest pre-2024
recorded demand in Southold occurred on July 12, 2023, when SCWA provided 12,970 gpm of
water to its customers by producing 9,666 gpm from its wells and releasing 3,304 gpm of water
from its storage facilities in the Town. The contribution from the storage facilities highlights the
shortfall between pumping capacity and system demand. At times, the water levels in SCWA
tank at Moores Lane has fallen below 3 feet from its 30-foot maximum. Without a ready supply
of water in the event of emergency, such as a large fire, a well failure, or detection of a regulated
substance at a level requiring discontinuing the use of a well, it would be a significant challenge
to meet demand.
SCWA has explored increasing the number of wells in Southold but the aquifer system in
the Town cannot support a significant increase in the number of wells or withdrawals. Southold
wells have been a focal point of Department staff, as many of the wells operate within special
parameters imposed on them due to their depth and the water table's unique configuration and
the potential for salt-water intrusion. This creates a mismatch between the amount of water in
the Southold system and water demand.
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The North Fork Water Main Extension Project
The Project has two components. One involves connecting SCWA's Southold system to
the rest of its system by installing water main through Riverhead. The main in Riverhead will
serve to transmit water between the two. As proposed,the systems will connect at a SCWA
facility in Hallockville in the eastern end of Riverhead. From there, water will be delivered
through existing main into Southold. A booster pump will be installed in Riverhead to facilitate
the transmission of water through Riverhead. For completeness, SCWA included in the Project
and will analyze the impacts of the second phase in which SCWA mains could be extended into
the Orient hamlet. The second phase is not anticipated to occur in the near term. This route will
be analyzed among other alternative routes as part of the review. The Project does not include
providing water to Riverhead or to the Riverhead Water District.
When the first phase is completed, SCWA's Southold system will be operated as a
unified whole with the rest of SCWA's system. This will allow SCWA to reduce reliance on its
Southold wells while simultaneously increasing the amount of water available to existing
Southold customers to meet the demand. While currently there is a peak well capacity of 11,900
gpm and 2.8 million gallons in storage in Southold,upon completion of the Project, if Southold
is integrated with the South Shore Low Zone there will be 206,296 gpm of permitted wells and
15.59 million gallons in storage available across the entire zone.
The Long Environmental Assessment Form, Lead Agency Request, and Objections
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SCWA initiated an environmental review of the Project by retaining a consultant,Nelson
Pope Voorhis to study the Project's potential impacts. On August 5,2024,Nelson prepared a
Long Environmental Assessment Form and circulated it to 22 governmental agencies and six
non-governmental agencies. In its notice, SCWA indicated its preference to serve as Lead
Agency for purposes of the review. The list of LEAF recipients is enclosed.
Four entities responded to SCWA's Lead Agency coordination letter. The New York
State Department of Transportation and the County of Suffolk did not object to SCWA assuming
Lead Agency status. The Towns of Riverhead and Southold objected, and each sought to serve
as Lead Agency. The Towns's correspondence is included for your review.
Jurisdictional.Claims as per 6 NYC RR Part 617.6 b 'ii
Riverhead asserts jurisdiction to issue road opening permits for the Project. Riverhead
asserts that it must grant utility easements,tidal and freshwater wetlands and a special permit to
authorize the Project. No basis is provided for the requirement that SCWA must receive
easements to install its facilities in Town roadways. The Town has not previously required that
of SCWA, including for the mains SCWA installed in the Town this summer.
Southold asserts jurisdiction to issue road opening permits and to perform a Local
Waterfront Revitalization Program Consistency review. The Town also asserts that its Trustees
may have jurisdiction of SCWA's activity within 100 feet of the Town's freshwater and tidal
wetlands and certain other lands.
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SCWA has jurisdiction of each element of the Project as the sponsor. Under the
balancing of public interests approach adopted by the New York Court of Appeals in Matter of
the County of Monroe v. City of Rochester(72 N.Y.2d 338 (1988)) if proposed SCWA activities
are consistent with SCWA's legislative purpose and are in furtherance of SCWA's essential
governmental function of operating a public water supply system, SCWA need not receive land
use approval from a Town prior to undertaking the activities. SCWA will include a Monroe
analysis of the Project in the Environmental Impact Statement.
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SCWA also notes the significant similarity of the second phase of the Project with a
project proposed in 2006 to extend its system across the causeway connecting East Marion and
Orient. SCWA's proposal was challenged on, among other things, SEQRA compliance. On
May 7, 2010, Suffolk Supreme Court Justice Ralph Costello, in a bench ruling, determined that
the action was a Type 2 Action under SEQRA and categorically exempt from review. A copy of
the transcript is attached for your review.
Lastly, SCWA maintains the issuance of a road opening permits are ministerial matters
and may not require a preparation of an environmental impact statement. (See generally
Incorporated Village Atlantic Beach v. Gavalas, 81 N.Y.2d 322 (1993)), Riverhead Town Code
at Chapter 237, and Southold Chapter 237. No part of the Project affects the Towns' ability to
regulate development in their towns through the application of their respective zoning codes.
SCWA has no power over the same.
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Criteria to Consider in Designating a.Lead Agency
With this background in place applying the criteria under 6 NYCRR Part 617.6(b)(5)(v)
leads to inevitable conclusion that SCWA should be designated as Lead Agency.
The first Criterion: The Anticipated Ina acts are Regional in Nature
This is a regional project, for it involves transmitting water through SCWA's integrated
system to Southold. No matter the route,to interconnect its system, SCWA must install water
main traversing Riverhead absent a significant cross Peconic Bay connection. This will not
cause only local town specific impacts. The local impacts, such as construction impacts,traffic
control, or directional drill impacts, are concerns SCWA manages each time water mains are
installed in the County. More relevant to determining the scope of the review, is the regional
impacts, if any, of the Project. Every day, SCWA operates a well in one town, treats the water
from the well and then distributes the water to a customer in a different town to ensure a suitable
supply of potable water.
SCWA professionals are aware of the intricacies of the aquifer system. The Department
charges SCWA with monitoring groundwater impacts from SCWA operations feeding into an
iterative loop where SCWA gains more insight into how the aquifer system works. This is a
primary issue to be analyzed in the review. This knowledge is not town specific but aquifer
specific and will be shared with Nelson Pope Voorhis to assist SCWA's review of the Project.
Moreover, neither Riverhead nor Southold have any experience operating an integrated public
water system spanning Suffolk County.
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The Second Criterion: SCWA has the Broadest Powers to Investigate the impacts
Turning to the second criteria, SCWA maintains it has the broadest powers to evaluate
and investigate the potential impacts. Implicit in SCWA enumerated powers is the ability to
devote the resources, both in staff and financial resources,to fully analyze the Project's impacts.
SCWA has made a commitment to the public to analyze the Project through the SEQRA process.
The Third Criterion: SCWA has the Greatest CgRability to Provide Most Thorough Review of
the Action
As with the first and second criteria, SCWA maintains that it has the greatest capability
for providing the most thorough environmental assessment of the Project. As the operator of the
water supply system, SCWA has the staff to quickly provide any information required for the
review. SCWA has developed groundwater data relied on both the Department and the State and
County Health Departments which will be provided to Nelson Pope Voorhis to improve the
accuracy of the review. Nelson Pope Voorhis has extensive experience in analyzing the
elements to be reviewed in an environmental impact statement, including growth inducing
impacts, if any. SCWA has experience performing environmental reviews of its projects in
Southold. It studied the impact of its East Marion Ground Level Reservoir Project through a
Long Environmental Assessment Form with Expanded Part III in 2012. It also performed a
SEQRA review of its Laurel Lake Two Million Gallon Ground Level Storage Tank Project in
2017.
Analysis oftl�e Tpwn.S ecihc Comments j
Riverhead and Southold comments will be analyzed in the environmental review as will
alternatives to the Project but briefly addresses them here for completeness purposes. Riverhead
comments 4, 5, 6, 7, 8, and 10 and 1 a and b on page 3 are quotidian construction impacts
addressed by utilities working in the Town. SCWA notes that all of its facilities installed under
this Project will be at or below grade which should mollify the Town's concerns of impacts to
scenic vistas.
To address Riverhead's comment 1, SCWA will ensure that the Town Board is included
on all future correspondence. SCWA will address, as necessary, Riverhead's assertions in
comments 2 and 3 and at the bottom of page 2 and continuing onto page 3, regarding permits or
easements in the review. Lastly, SCWA will modify its plans to note that it intends to install
main between Pier Avenue and its main in the Town of Riverhead near Hallockville to resolve
comment 10 of the Town's letter.
To address Southold comments 1, 2, and 3, SCWA will ensure that the Town Board is
included on all future correspondence. SCWA respectfully notes that comment 4 is inaccurate.
SCWA does not propose to install a main through a largely undeveloped swath of farmland. No
water main will be installed in Southold under the first phase of the Project. SCWA is prepared
review concerns impacts listed the third, fifth, and sixth bullet points of comment 4 and the
specific routine construction impacts identified in number items 1 and 2.
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Conclusion
For the foregoing reasons SCWA respectfully maintains as the entity operating a county
wide system it is best suited to serve as Lead Agency to analyze the Project's impacts. SCWA is
ready to assume Lead Agency functions and schedule the scoping sessions. Thank you for
considering SCWA request, if you or your staff have any questions,please feel free to contact
me.
Sincerely,
Jeffrey W. Szabo
Enc.
cc via email
Hon. Timothy J. Hubbard, Riverhead Supervisor
Hon.Albert J. Krupski,Jr., Southold Supervisor
Hon. Edward P. Romaine, Suffolk County Executive
Charles A. Lefkowitz, SCWA Chairman
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RESOLUTION 2021-877
y�of F yad� ADOPTED DOC ID: 17524
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-877 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 16,2021:
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town
Supervisor Scott A. Russell to execute an intermunicipal agreement with the Suffolk County
Water Authority with regards to the North Fork Transmission Main project and to participate and
assist in the grant application process to fund said project, subject to approval from the Town
Attorney.
a
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Louisa P. Evans, Justice
AYES: Nappa,Dinizio Jr,Doherty,Evans, Russell
ABSENT: Robert Ghosio
} r
RECEIVED
AGREEMENT BETWEEN THE SUFFOLK COUNTY WATER AUTHOIAFY ` 2. 2021
AND THE TOWN OF SOUTHOLD
Southold Town Clerk
This Agreement made this-Je day of�hUf-m 2021, is between the Town of
Southold, a municipal corporation, having its principal office and place of business at P.O. Box
1179, 53095 Route 25, Southold,New York 11971 (hereinafter also referred to as Town), and
the Suffolk County Water Authority, a public benefit corporation, having its principal office and
place of business at P.O. Box 38, 4060 Sunrise Highway, Oakdale,New York 11769 (hereinafter
also referred to as SCWA) and taken together the Parties.
WITNESSETH:
WHEREAS, SCWA seeks to install a main,booster pump(s), and appurtenances to
interconnect the portions of its public water supply and distribution system in the Town of
Southold Low Zone with its system in the Town of Southampton Low Zone as indicated on the
Map attached hereto to transmit water to the Town(the "Project"); and
WHEREAS,the Town desires to have the SCWA undertake the Project to increase the
reliable supply of water in SCWA's system in the Town, and as a result enable SCWA to reduce
the quantity of water pumped by SCWA from its wells located in the Town, which will reduce
impacts to the aquifer system in the Town caused by such pumping, and increase the amount of
water available in aquifer system in the Town to agricultural users in the Town, and
WHEREAS, it is the intent of the Parties to fully fund the cost of the Project without
requiring a monetary commitment from the Town, and
WHEREAS,the Parties represent that they have the power and authority pursuant to law
to bind themselves to the provisions hereof.
NOW THEREFORE, it is mutually agreed as follows:
1. The SCWA shall install water main,,booster pump(s) and appurtenances as indicated
on the Map attached hereto. The water main, booster pump(s) and appurtenances shall be and
remain the property of the SCWA.
2. The total cost of the Project is estimated to be $27,500,000.00, as indicated in the
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cost estimate attached hereto.
3. Due to the cost of the Project,the Parties agree to mutually cooperate in seeking
intermunicipal grants to fund the Project. If grants are provided for the Project,the SCWA will
allocate such grant money first to defray the costs of the water main, booster pump(s), and
appurtenances.
4. In the event no grant is provided for the Project,the SCWA reserves the right to
cancel the Project. If the Project is cancelled,the SCWA and the Town shall have no further
obligations to each other under this Agreement for the Project.
5. The SCWA shall comply with all applicable federal, State, County of Suffolk and
Town of Southold laws, statutes, ordinances, rules, and regulations pertaining to all work
contemplated under this Agreement.
6. Each party hereto shall defend, indemnify and save harmless,to the extent permitted
by law,the other party, its respective officers, agents, servants, employees, contractors and
representatives against and from all suits, losses, demands,payments, actions,recoveries,
judgments and costs of every kind and description and from all damages to which the other party
or any of its officers, agents, servants, employees and representatives may be subjected by reason
of injury to person or property of others resulting from the implementation of this Agreement by
the other party. The aforesaid indemnification shall not be applicable to any liability caused by
the acts, omissions, faults, or negligence of the parry seeking indemnification.
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed and to
be effective as of the day and year first above written.
SUFFOLK COUNTY WATER AUTHORITY TOWN OF SOUTHOLD
Ga/ 7 e �1 �^
fey Szabo, CEO By: Scott ussell, Supe isor
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STATE OF NEW YORK }
COUNTY OF SUFFOLK } ss.:
On the 9(d day of o� r r , in the year 2021, before me,the undersigned, a
Notary Public in and for said state, personally appeared Jeffrey W. Szabo, personally known to
me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument,the individual, or the person upon behalf of
which the individual acted, executed the instrument.
(,uw0► LI
,Notary Public
Timothy . Hopkins
Notary Public, State of New York
No.02H06040236
Term Expires April 17, 2022
'Qualified in Suffolk County
STATE OF NEW YORK }
COUNTY OF SUFFOLK )ss.:
On the le day of VOM6r, in the year 2021, before me,the undersigned, a
Notary Public in and for said state, personally appeared Scott Russell personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and-acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument,the individual, or the person upon behalf of which the
individual acted, executed the instrument.
h ,Notary Public
LAUREN M.STANDISH
Notary Public-State of New York
No.01 ST6164008
Qualified in Suffolk County
Commission Expires April 9,2023
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Suffolk County Water Authority - Proposed Route for Water Main
E-xtension from Riverside/Flanders to Supply Southold - Zone 30 f
Laurel Lake Pump
Station and Tank Site
i
• nt at end
1 of main @ Franklinville
Rd&Main Rd.in Laurel
t
Possible booster \ `> ��G SoutholdTransmission M
station location Flanders 10 Laurel Lake T
\ ` ' • - v
a i
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Connection point @
NYS Rte 24(Flanders
Rd&White Brook Drive ;
Flanders ice' I`���. "j' 1 -
c I -
- Vember 9,2021
Soeonk-Riverhead Rd Tank 3050 6100 12200 18300
Fee
Browns Hill Rd,
The Long Way 160 GPM
300 GPM G1..r P• nt
Rocky Paint Rd.
Island's End 300 GPM
700 GPM \ Jricru
Brecknock Hall \y
350 GPM
North Rd.
Old North Rd. 100 GPM Stirling
1,500 GPM
Kenney Rd. Greenporc
700 GPM Middle Rd.
700 GPM
1_
Ackerly Pond Rd. ;r.eicer Island
1,050GPM :+ r]his
Shdtt�
the e
Middle Rd. Ner.edon
700 GPM ,stale
southoir, 4W`= SMlterlaland
Alvah's Ln. Mill Ln. y
500 GPM 600 GPM Owes? NA
Evergreen Dr.
550 GPMtoMc -
Greer Ho
Laughing Neck Nortnwest�
Waters 1trods
Sunset Dr. Inlet Dr. La,t NOltr
nr
450GPM 350GPM CUttnoque HaYtr.
\ If1105u
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Laurel Lake y +1► NHarl)
W atervillr Cutrroque Harbor
1,000 GPM tSI
Sound Ave. Shore ACres +
1,650GP'''''vvv111''',VV\ F•rarr�< Noya7� �.
Mattiwck day
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Long
1tr Itlond ita
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PROPOSED PROJECT
SUFFOLK COUNTY WATER AUTHORITY I
TRANSMISSION WATER,MAIN
TO SERVE THE
TOWN OF SOUTHOLD
• The Suffolk County Water Authority (SCWA) proposes to install approximately 44,000
linear feet of 24-inch diameter transmission water main from Flanders to Main Road in
Laurel.
• The project cost is estimated to be$27,489,707.81.
• The SCWA's approach to water supply on the North Fork has been to develop a network
of small well fields.
• The North Fork aquifer has been significantly impacted by the presence of nitrates,
pesticides and chlorides. The SCWA has been required to install costly treatment systems
at some of its well fields.
• The installation of this transmission main will reduce need for additional well fields within
the Town and in some cases SCWA will be able to take well fields off-line.
The transmission water main will allow for aquifer restoration and long term preservation
of the fragile on
within the Town of Southold. The transmission water main is
environmental positive for the township-of Southold and its residents.
• The proposed project is part of an overall resource sustainability plan to ensure the
_Authority's ability to meet present peak and future demand.
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