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HomeMy WebLinkAboutMacari at Laurel Book I 1993 . .".....".."'""-...T. ~~ .;~1j~""''!...''fr,''''? - - -. . .- "-,,,".~~- - ";;'if/j; I BOOK 1 I FINAL ENVIRONMENTAL IMPACT STATEMENT FOR I MACARI AT LAUREL TYPE I ACTION I This Document Represents A Final Environmental Impact Statement For The Above Referenced Project. Copies Are Available For I Public Review And Comments At The Offices Of The Lead Agency. Comments will Be Accepted until I IN ACCORDANCE WITH: I Article 8 Environmental Conservation Law (8-0113) Part 617 statewide Regulations (6 NYCRR) I DATE: August, 1993 I LEAD AGENCY: APPLICANT: I Southold Town Planning Board Joseph Macari Town Hall, 53095 Main Road c/o Peter S. Danowski, Esq. Southold, New York 11971 616 Roanoke Avenue Contact Person: Riverhead, New York 11901 I Mr. Bennett Orlowski, Jr. Phone: 516-765-1938 I PREPARED BY: LOCATION: Richard A. Jackson, Ph.D. Bounded by Sound Avenue-Middle 37 Brightwood Street Road on the north and Laurel Way I Patchogue, N.Y. 11772 (R.O.W.) on the east and south in Laurel, Town of Southold, Suffolk County, New York I I ACCEPTANCE DATE: COMMENT DATE: I I I I '~u....,. I , ( I ,..^< TABLE OF CONTENTS " -~ I F.E.I.S. TEXT I BOOK 1 I INTRODUCTION LIST OF COMMENTATORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I RESPONSE TO COMMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 TOPIC HEADINGS: I SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 II. DESCRIPTION OF THE PROPOSED ACTION . . . . . . . . . . . . . . . . . . 3 I III. EXISTING ENVIRONMENTAL SETTING . . . . . . . . . . . . . . ~ . . . . . . . 13 I B. BIOLOGICAL SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1. FLORA 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 2. FAUNA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 C. HYDROLOGIC SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 I 2. GROUNDWATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 WATER QUALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3. SANITARY WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 I D. MUNICIPAL SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 4. TRAFFIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 I EXISTING TRAFFIC VOLUMES . . . . . . . . . . . . . . . . . . . . . 40 5. CULTURAL, HISTORICAL, AND SCENIC RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 I HISTORICAL RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . 41 IV. ANTICIPATED ENVIRONMENTAL IMPACTS OF PROPOSED I ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 A. PHYSICAL SETTING 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1. TOPOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 B. BIOLOGICAL SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 I 1. FLORA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 2. FAUNA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 I C. HYDROLOGIC SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 2. GROUNDWATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 I i I I 3. SANITARY WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 I D. MUNICIPAL SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 I 4. TRAFFIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 7. POPULATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 8. MATTITUCK SCHOOL DISTRICT NO. 9 . . . . . . . . . . . . . . 86 I 9. TAXES AND FISCAL SETTING . . . . . . . . . . . . . . . . . . . . . 87 V. MITIGATIVE MEASURES TO MINIMIZE ADVERSE ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION . . . . . . . 88 I A. PHYSICAL SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 I 1. TOPOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 B. BIOLOGICAL SETTING 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1. FLORA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 FRESHWATER WETLANDS . . . . . . . . . . . . . . . . . . . . . . . . . . 93 2. FAUNA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 I C. HYDROLOGIC SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 I 1. DRAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 2. GROUNDWATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 3. SANITARY WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 I D. MUNICIPAL SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 1. POTABLE WATER SUPPLY . . . . . . . . . . . . . . . . . . . . . . . . . 107 I 3. ZONING, LAND USE, AND PLANNING AND OPEN SPACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 5. CULTURAL, HISTORICAL, AND I SCENIC RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 6. HOUSING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 8. MATTITUCK SCHOOL DISTRICT NO. 9 . . . . . . . . . . . . . . 142 9. TAXES AND FISCAL SETTING . . . . . . . . . . . . . . . . . . . . . 144 I VI. UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 I VII. ALTERNATIVES TO THE PROPOSED ACTION . . . . . . . . . . . . . . . . . 145 A. NO ACTION ALTERNATIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 I B. YIELD ALTERNATIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 I C. LAND ACQUISITION POTENTIAL . . . . . . . . . . . . . . . . . . . . . . . 178 D. TRANSFER DEVELOPMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . 181 I IX. GROWTH-INDUCING ASPECTS OF THE PROPOSED ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 I ii ----- I I x. CUMOI.ATI'VE IMPAC'rS .................................. 182 I REFERENCES CITED BOOK 2/3 I APPENDICES COMMENTS I ILLUSTRATIONS I FIGURE: 1. Location of Data Collection Stations: Quality I ()jE C;~()\lnciliClt~~ ..................................... 37 2. Site Sensitivity Map ................................ 43 I 3. Lot 18 of Proposed Action: Potential Layout ........ 45 I 4. Contributing Drainage Areas ......................... 102 5. Water Quality of Municipal Water Source ............. 113 I TABLE : I 1. New York State Coastal Policies ..................... 121 I PLATE: 3. Site Plan - Modified Cluster Alternative ............ In Pocket I ~_pPENDICES I APPENDIX: A. Town of Southold Documents I B. New York State Department of Environmental Conservation Documents I 1. Request for Wetlands Delineation of NYSDEC 2. NYSDEC Freshwater Wetland Boundary Confirmation I 3. NYSDEC Freshwater Wetlands Map and Classifications C. U.S. Army Corps of Engineers Request for Establishment of Potential Jurisdiction I D. Soil and Groundwater Quality at the Macari at Laurel Site I E. Water and Nitrogen Budget Calculations iii I I I F. Suffolk County Water Authority Documents I G. Letters to Adjacent Property Owners H. Recharge Basin Information I I. New York State Office of Parks, Recreation and Historic Preservation Documents I J. Correspondence to Southold Town Planning Board, March 6, 1992 I K. Cultural Resource Inventory, stage II L. Traffic study Supplement I I I I I I I I I I I I iv I I IRTRODOCTION I The Draft Environmental Impact statement for the Macari at Laurel Property was submitted september 26, 1991 and subsequent I to revision accepted as complete by the Planning Board, Town of I Southold, Suffolk County, New York on June 4, 1991 (Appendix A). Subsequently, a public hearing was held on June 24, 1991. I Comments were presented on the Draft Environmental Impact Statement at the public hearing or submitted, in written form, I during the designated pUblic comment period. The Final I Environmental Impact Statement includes the DEIS, copies of the written comments, and a compilation of all substantial comments I concerning the DEIS as well as appropriate responses to them. Following review of the FEIS, the Planning Board Office I determined that the document was incomplete and required additional I clarification on certain items of concern (Appendix A) . The comments associated with this review are incorporated in the I revised FEIS. Where a number of individuals or agencies have commented on I the same topic, these individuals and/or agencies are cross-referenced at the end of each comment, in the I Comment/Reply section of the Final Environmental Impact I Statement. Where the text of the DEIS has been revised from its original version to reflect responses, the appropriate section I within the DEIS is referred to. I I I I I LIST OJ' COMMBll'l'ATORS I A. WRIT'l'EN COMMEH'l'S. I 1. Planning Board Office, Town of Southold, Bennett Orlowski, Jr., Chairman, July 5, 1991. I 2. cramer, Voorhis & Associates, Environmental and Planning Consultants, July 5, 1991; May 29, 1992. I 3. Robert DeLuca, Department of Health Services, Office of Ecology, July 5, 1991. I 4. Mohabir Persaud, state of New York, Department of state, July 5, 1991. I 5. cynthia Sturner, Member of Conservation Advisory Council, July 3, 1991. 6. E.J. Rosavitch, P.E. Chief Engineer, Suffolk County I Water Authority, July 9, 1991. 7. Adeline Lee, June 28, 1991. I 8. Barbara Sayre, June 28, 1991. I 9. Ruth Jahier, July 1, 1991. 10. Sherry Johnson, North Fork Environmental Council, July 5, 1991. I 11. Karen Gross, July 3, 1991. I B. ORAL COMMEH'l'S. 12. Robert Weintrab (sp). I 13. Judy Greco. I I I I 1 I I I I RBSPONSB TO COMMEH'l'S I SUMMARY I 1. COMMEH'l'1 It is believed that Kirkup Lane has a base, and is not just a dirt road (p. S-2). (1) I I RBPLYI This comment is so noted. The text of the D.E.I.S., Page S-2 has been changed to the following: I "The site is currently 63.6 acres of "open space." Limited access to the site exists from Kirkup Lane and Laurel I Lane (an unpaved road)." I 2. COMMEH'l'1 The acronym "MBS" should be defined (p. S-3). I (1) I RBPLYI MBAS (i.e., methylene blue active substance) is an I abbreviation describing synthetic detergents. The presence of MBAS indicate contamination by septic tank effluent or other I waste-water (Perlmutter, et al., 1964). I 3. COMMEH'l' : The last sentence in the first paragraph (p. S-4) states that topsoil will be stockpiled for "future use". I The proposed location and time of the use of the topsoil should I be mentioned. (1) I 2 I I I REPLY: Topsoil stockpiled on the site during the initial I stages of the regrading process at the Macari at Laurel site, I will be redistributed within the areas reserved for turf and indigenous shrubs, prior to the replanting. Most of the topsoil I will be utilized in the same subdivision lot as it originates. I II. DBSCRIPTION OJ' TBB PROPOSBD ACTION I 1. COJIMEH'l' I There is an inconsistency in the second I paragraph (p. II-2). The projected increase in population is based on each home being occupied by 2.3 people. Yet, the I proposal involves the construction of 3 and 4 bedroom homes. I Unless documentation can be provided to support the 2.5 persons per house figure, the projected adult and child population I should be revised upward to reflect likely occupancy of 3 and 4 bedroom homes. (1) I REPLY: Of the proposed 27 single-family dwelling units, I 14 units are assumed to have 3 bedrooms and the remaining 13 I units would have 4 bedrooms. According to the U.S. Census (1980) the average number of persons per detached single-family I housing unit was 2.56 persons/unit in the Town of Southold. Since then the average has decreased slightly to 2.51 I persons/unit in 1989 and 2.49 persons/unit (LILCO, 1990). I Consequently, in the projection of the population size of the completed Macari at Laurel subdivision, of an average 2.50 I 3 I I I person/unit was utilized. However, the actual number of I residents per dwelling unit may be higher than this average I estimate considering the proposed number of bedrooms per house. This is likely to result in an increase in the amount of I nitrogen potentially recharged to the aquifer (see details below). The estimates of sanitary effluent and number of school I children are not based upon the number of persons inhabiting the I dwelling units. These estimates will therefore not be affected by this increased number of persons per dwelling unit. I 2. COMMEH'l' : The projected population noted in the second I paragraph (p. II-4) should be revised to reflect the proposed I construction of 3 and 4 bedroom homes. (1) I REPLY I See previous comment. I 3. COMMEH'l'1 The first paragraph addresses required permits. I The applicant should determine the jurisdiction of the Town Trustees with regard to freshwater wetlands on the subject I parcel. Location of wetlands as determined by the Trustees is -~~ important for yield determination and site design planning. The I wetlands reflected on Plate 1 were delineated by the Land Use I Company. The regulatory boundary of both the town Trustees and the New York State Department of Environmental Conservation I should be determined. (2) I 4 I I REPLY: This comment is so noted. The planned subdivision I will be constructed in conformance with current regulations. I A request for delineation of wetlands was sent to the New York state Department of Environmental Conservation (Appendix I B-1). An on-site field inspection by the New York state Department of Environmental Conservation confirmed the I freshwater wetlands boundaries as designated by the Land Use I Company (Plate 1 of the D.E.I.S.) "for the purpose of this application" (Appendix B-2) . However, should the site plans I dated August 22, 1990 (Le. , Plate 1 of the D.E.I.S.) change, then a redelineation by the New York State Department of I Environmental Conservation might be necessary. I According to Chapter 97, Wetlands, of the Code of the Town of I Southold, the Town's juridiction applies to any activity within 75 feet of designated wetlands. The Town accepts the NYSDEC I designation for these purposes. Plate 3 indicates conformity with this jurisdiction. I 4. COMMEH'l': Page 1I-3 indicates that, "Indigenous trees and I shrubs will be planted along the proposed inter-development roadway, within the cleared portions of each building envelope, I and elsewhere within the site". There should be a distinction I made between mitigative planting which is proposed as part of the subdivision improvements (Le. inter-development road and I recharge areas) , and mitigative planting which mayor may not occur on private lots once the parcel is developed. Additional I information including species density, type and at what stage of I subdivision approval mitigation will be implemented, is necessary. (2) . I 5 I REPLY: The replanting schedule for the proposed action includes the planting of low-maintenance turf on a total of I approximately 8.0 acres, or 12.6% total area, and indigenous I shrubs on 2.1 acres, or 3.3% total area. This includes all replanting at the site. I The Applicant will agree to revegetate along the proposed inter-development roadway and within areas of general site I regradation, but individual lot owners will be responsible for I mitigative landscaping, utilizing indigenous species as indicated to follow. I In her recently published "Long Island Native Plants for Landscaping: A Source Book" Karen Blumer (1990) lists native I vegetative species available from local commercial sources. I Within the following vegetative species list compiled from a botanical investigation and identification completed on the site I (See D.E.I.S. Section III-B-1: FLORA) , such commercially available native species (NP) are indicated with an (X) . I Mixed Deciduous Forest. HI! I Common Beech Faaus svlvatica Chestnut Oak Ouercus Drinus Scrub Oak Ouercus ilicifolia I Whi te Oak Ouercus alba X Red Oak Quercus rubra X Shagbark Hickory Carva ovata X I Grey Birch Betula DODulifolia X Black BirCh Betula lenta X Ash Fraxinus sp. 2 Fraxinus I species available Big-toothed Aspen pOD~lus ara~di~e~tata Redcedar Juniper Jun1Derus V1ra1n1ana X I Sassafras Sassafras variifolium Red Maple Acer rubrum X Oleaster Eleaanus anaustifolia I Red Mulberry Horus rubra X Fire Cherry Prunus Dennsvlvanica Black Locust Robinia Dseudoacacia Staghorn Sumac Rhus tvnhina X I Poison Ivy Toxicodendron radicans P Flowering Dogwood Cornus florida X Common Greenbrier Smilax rotundifolia I 6 ~- ---.------- I I I Maple-leaved Viburnum Viburnum acerfolium Japanese Barberry Berberis thunberaii Great Solomon's Seal Polvaonatum canaliculatum False Solomon's Seal smilacina racemosa X I Common Smartweed polvaonum hvdrQDiner Fox Grape Vitis labrusca Bittersweet Nightshade Solanum dulcamara I Dangleberry Gav1ussacia frondosa Blackberry Rubus flaaellaris Black Chokeberry Pvrus melanoc8rc8 Garlic Mustard Alliaria officinal is I Arrow-leafed Aster Aster saaittifolius P Woodland Fern DrvoDteris sp. 4 DrvoDteris species I available I Old Field and Edae Veaetation. NP Black Locust Robinia Dseudoacacia P Bayberry Mvrica Densvlvanica X I Common Mullein Verba scum thaDsus Virginia Creeper Parthenocissus X au~nauefc:>lia . I Japanese Honeysuckle Lon1cera ,anon1ca Poison Ivy Rhus radicans Common Winter Cress Barbarea vulaaris wild Carrot Daucus carota I Pokeweed Phvtolacca americana Yarrow Achillea millefolium Common Milkweed AscleDias svriaca I Common Evening Primrose Oenothera biennis X Butter-and-eggs Linaria vulaaris Field pennycress ThlasDi arvense I Chicory Cichorium intvbus Daisy Fleabane Eriaeron annus Horseweed Eriae:on canad~nsis Common Groundsel Senecl.o vulaarl.s I Foxtail Grass Chaetochloa alauca Panic-grass panicum sp. 1 panicum species I available Common Ragweed Ambrosia artemisiifolia Groundsel Tree Baccharis halimifolia I Slender-leaved Goldenrod Solidaao tenuifolia Rough-stemmed Goldenrod Solidaao ruaosa Tall Goldenrod Solidaao altissima Tick Trefoil Desmodium sp. I Chaffseed Schwalbea americana Round-headed Bush Clover LesDedeza caDitata Fine-leaved Sneezeweed Helenium tenuifolium I Sickle-leaved Golden Aster ChrvsoDsis falcata 7 I I I I Rough Hawkweed Hieracium scabrum Common Hawkweed Hieracium vulaatum Crab Apple Malus svlvestris st. Peterswort Ascvrum stans I wild strawberry Fraaaria virainiana Common Chickweed Alsine media Bladder Campion Silene latifolia I silverweed Potentill anserina Common strawberry Fraaaria virainiana I Freshwater Wetlands. ~ Common Beech Faaus svlvatica I Grey Birch Betula DODulifolia X Black Birch Betula lenta X Red Maple Acer rubrum X I Common Greenbrier smilax rotundifolia Great Solomon's Seal polvaonatum canaliculatum False Solomon's Seal smilacina racemosa X Blackberry Rubus flaaellaris I Woodland Fern DrvoDteris sp. 4 DrvoDteris species available I Sedge Carex sp. Pond Veaetation !if I Duckweed Lemma sp. Hornwort CeratoDhvllum demersum I Eighteen (18) of the species identified at the Macari at I Laurel site, including the protected plants (NYSDEC, March 1990: "Protected Native Plants"), Flowering Dogwood (cornus f1orida) I (Exploitably Vulnerable) and Bayberry (Mvrica Densvlvanica) (Exploitably Vulnerable) are available through commercial I channels (Blumer, 1990). In addition, species belonging to the three genera DrvoDteris, Fraxinus, and panicum are also I available (Blumer, 1990). I The 2.1 acres (or 3.3% total area) to be replanted with indigenous vegetation will, if possible, utilize the actual I 8 I I I I vegetative specimens removed from the site during the regrading process and/or native plants, e.g., purchased at one of the I numerous locations described by Karen Blumer (1990). Blumer (1990) lists five (5) guidelines for landscaping I with native plants: I 1. Determine which habitat(s) exist on the property I to be designed. If the natural substrate has not been removed or destroyed, use what exists and choose species naturally adapted to that habitat and its soil conditions. I Four vegetative habitats exist at the site for the proposed I action: Upland Forest: Old Field: Freshwater Wetlands: and I Surface Waters. However, only two of these habitats, i.e., Upland Forest and Old Field will be exposed to regrading and I construction activities with the proposed action. During the initial stages of construction care will be taken to scrape off I the upper fertile soil mantle and store it in stockpiles. Since significant time may elapse between the initiation of I construction and the eventual regrading of the topsoil, measures I will be made to protect this stockpiled material from erosion and drying. The stockpiles will be seeded with a quick growing, I stabilizing grass cover such as perennial rye grasses until it is reused within the site. Following construction the topsoil I will be spread over the regraded sands and gravels in order to I reestablish the original soil profile configuration. I 9 I I I 2. Retain as much of the native vegetation intact - I the understory as well as canopy shrubs or trees - as possible. Learn to use these buffers or vegetation islands creatively, combining with other native plants I when desirable. Whether the property is a single residential lot or an industrial, commercial or residential subdivision, this is the least expensive I and energy-consuming approach. The greatest expense will be in careful planning and hiring skilled bulldozer operators who are willing to comply with site specifications. I Approximately 18.4 acres, or 28.9% of the site will be I regraded. Within the regraded area approximately 2.1 acres (or I 3.3% total area) will be replanted with indigenous vegetation. Wherever possible vegetative specimen previously removed during I the regrading process will be utilized in the replanting schedule. I 3. For plantings, select species appropriate for the I habitat or habitats comprising the property as well as the Long Island range in which they are found. I Within the area to be replanted with indigenous woody shrubs, vegetative specimens, wherever possible, previously I removed during the regrading process will be utilized in the replanting schedule. In cases, where this is not possible I similar species, if possible, will be acquired from commercial I sources (Blumer, 1990). 4. Try to recycle plants from areas of the site to be I destroyed to other parts of the property to be landscaped. This is particularly easy for herbaceous material in the spring and shrubs and small trees in I the spring and fall. I 10 I I I Within the area to be replanted with indiqenous woody shrubs, I vegetative specimens previously removed during the regrading I process will be utilized, wherever possible, in the replanting schedule. The strategic timing of the regrading process, I starting in the spring, would facilitate the successful replanting of both herbaceous specimens as well as shrubs and I small trees (Blumer, 1990). I 5. If there are desirable species on your property or nearby which you would like more of, try propagating them from seed, layerings (stem layerings are I successful in order to get larger specimens) or cuttings. I Prior to the start of the construction activities a special I effort to collect seeds of selected vegetative species could be made. Following the completion of the proposed action and the I replanting of relocated native specimens from within the site as well as the planting of native specimens from commercial sources I (Blumer, 1990), previously collected seeds from the site can be I planted within the area reserved for indigenous woody shrubs. I 5. COJIMEH'l' : Page II-5 indicates, "...the Applicant wishes to exercise his right to build in direct response to demand ". I We are in agreement that there are a number of ways in which the I parcel could be developed; however, it is extremely unlikely that the entire parcel would be developed at one time. I Therefore, it is requested that a phased development proposal outlining the estimated stages of development be included in the I 11 I I I Final EIS. Given the sensitivity of the parcel and the I importance of proper clearing and drainage control as outlined I in the Draft EIS, it is necessary to consider the project implementation schedule as a means of mitigation. (2) I RBPLYI Considering the current housing economic/market I climate on Long Island, it seems logical to assume that the I Applicant will construct a model house, probably on a lot near Sound Avenue, and construct subsequent dwellings demand. on I This type of construction schedule will ensure that a minimal portion of the site will be exposed to surface erosion at any I given time (i.e., one lot at a time). I Prior to final site plan approval a specific construction and regrading plan could be submitted by the Applicant, if I required by the Town of Southold. I 6. COMMEH'l': In terms of the description of the proposed I project, this section should outline the yield determination which supports 27 lots. Review of Plate 2 finds that Lot 9 I contains surface water and wetlands which may cause this lot to fall below the minimum area necessary in the R-80 zoning I district. (2) I REPLY I Plate 2 represents a standard layout of the Macari I at Laurel site. This standard layout was included in the D.E.I.S. as the Yield Alternative to the proposed action which I 12 I I I utilizes a clustered layout. Consequently, this alternative I presents a hypothetical, worst-case scenario of the development I of the Macari at Laurel site. I III. BZISTING BNVIRONllBNTAL SB'l'TING B. BIOLOGICAL SBTTING I 1. J'LORA I 1. COJOlEH'l' : Page III-24 indicates that the freshwater I wetlands are regulated by the NYSDEC under Article 24. It appears that state-regulated freshwater wetlands MT-2 and MT-22 I are located on this site. The NYSDEC regulatory boundary should I be established in order to provide an accurate means of determining compliance with regulations. In addition, the I regulatory jurisdiction and involvement of the Town Trustees should be determined. (2) (3) (10) I REPLY I This comment is so noted. The planned subdivision I will be constructed in conformance with current regulations. I Prior to final site plan approval the Applicant will have the freshwater wetlands boundaries delineated by all necessary I agencies. A request for delineation of wetlands was sent to the New York state Department of Environmental Conservation I (Appendix B-1). An on-site field inspection by the New York I state Department of Environmental Conservation confirmed the freshwater wetlands boundaries as designated by the Land Use I 13 I I I Company (Plate 1 of the D.E.I.S.) "for the purpose of this I application" (Appendix B-2). However, should the site plans I dated August 22, 1990 (Le. , Plate 1 of the D.E.I.S.) change, then a redelineation by the New York state Department of I Environmental Conservation might be necessary. The Applicant will obtain any permits required by the Town I of Southold and other involved agencies prior to final site plan approval. I According to the NYSDEC Preliminary Freshwater Wetlands Map I for the region, the Macari at Laurel site contains Wetlands Area MT-22 and part of Wetlands Area M-2 (Appendix B-3). The M-22 I Freshwater Wetlands Area is inadvertently misplaced within the northeasternmost (should be located within the central kettle I hole) kettle hole of the Macari at Laurel site, whereas the I M-2 Freshwater Wetlands Area consists primarily of Laurel Lake and a few minor, associated wetlands areas. Thus, the main body I of the M-2 Wetlands Area, i.e., Laurel Lake, is located adjacent to portions of the southern boundaries of the site, while a I portion of a minor associated wetlands area is located I within the southernmost part of the site (Appendix B-3). 2. COMMEH'1': The DEIS states that 7 rare plants have I historically been documented as occurring in the vicinity of this subdivision. Discussion as to whether or not they might I still be found here is inconclusive. Additional field work, by a Natural Heritage Botanist should be done to determine if any I are present on this site. (11) I 14 I I I I REPLY I As explained in further detail within Section I III-B-1: FLORA of the D.E.I.S., the New York state Natural Heritage Program reported eleven (11) rare plant species and a I rare plant community, all located in the general vicinity of the site for the proposed action (Appendix A-4 of the D.E.I.S.) . I Four (4) of these eleven rare species as well as the rare plant I community were not located in the Town of Southold, but are found south in the Town of Southampton on the South Fork of Long I Island. The reports regarding the remaining seven (7) species were I all historic (ranging from 1918 to 1958), reported from an area I within approximately one (1) mile of the Macari at Laurel site. Their habitat requirements are described in further detail I within section III-B-1 : FLORA of the D.E.I.S. . Of these species, two (2) are described as preferring dry fields and I clearings (Le. , cut-leaved Evening-primrose (Oenothera laciniata) and Dwarf Plantain (Plantaao ousilla)). These two I species were last reported from the area in 1924-1925. The I remaining five species (Le. , Long's Bittercress (Cardamine lonaii), Creeping st. John's Wort (Hvoericum adores sum) , I Lespedeza (Lesoedeza stuevei), Drowned Horned Rush (Rhvncosoora inundata), and Fewflower Nutrush (Scleria oauciflora var. I caroliniana)), which all were last reported from the area in I 1918-1958, either prefer pond margins or have been described from such habitats. Consequently, since the site for the I 15 I I I proposed action contains a number of delineated wetlands areas I with kettle hole ponds, it is possible that some of these I species might occur at the Macari at Laurel site. In addition, the site also contains areas of old field vegetation, and thus I potentially containing habitats preferred by the two first species (i.e., cut-leaved Evening-primrose (Oenothera laciniata) I and Dwarf Plantain (Plantaao Dusilla)). However, none of these I species were observed at the site during the detailed field survey for the proposed action (completed by a professional I botanist) . Prior to final site plan approval and if required by the I Town of Southold, further on-site field investigations could be I conducted, specifically with respect to the above mentioned 7 vegetative species. I 3. COMMEH'l'1 The DEIS does not describe the wetlands on the I site in sufficient detail. Notably, Parts III B. and C. of the DEIS, which address the present biological and hydrological I setting, do not contain a section on wetlands. The DEIS should I include a map showing New York state Department of Environmental Conservation ("NYSDEC") designated wetlands and adjacent areas. I It should indicate the activities for which a NYSDEC freshwater wetlands permit may be required and discuss how the proposed I Project would satisfy NYSDEC's regulatory requirements for I permit issuance. The DEIS should also indicate whether the wetlands are subject to the jurisdiction of the United states I 16 I --- -- I I I Army corps of Engineers ("Corps") pursuant to Section 404 of the federal Clean Water Act, whether a Corps permit would be I required, and if so, how the Project would meed the federal regulatory requirements. The size of a appropriate buffer to I protect wetland areas also should be addressed. (The DEIS states that no roadways or houses would be built within 50 feet I of wetlands but contains no further analysis.) (DEIS at V-56. ) I (11) I RBPLYI In general, issues concerning the freshwater wetlands and ponds at the site for the proposed action are I discussed as an integral part of the main body of the text I throughout the Draft Environmental Impact Statement for the Macari at Laurel project. However, the following sections of I the D.E.I.S. described the conditions of the freshwater wetlands and ponds in further detail: I I D.E.I.S. Section section and Paae Numher III. EXISTING CONDITIONS: I Biological Setting: I Flora III-B-1, pp. III-20 to III-25 Fauna III-B-2, pp. III-30 to III-36 pp. III-38 to III-40 I Municipal Setting: Zoning, Land Use, and Planning and Open Space: Planning and Open Space III-D-3, pp. III-84 to III-85 I I 17 I ------ I I IV. ANTICIPATED ENVIRONMENTAL IMPACTS OF PROPOSED ACTION: I Biological Setting: Flora IV-B-1, IV-7 to IV-8 I Fauna IV-B-2, IV-10 to IV-13 I V. MITIGATIVE MEASURES TO MINIMIZE ADVERSE ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION: Biological Setting: I Flora V-B-1, V-19 to V-22 I A request for delineation of the freshwater wetlands at the I site has been submitted to the New York State Department of Environmental Conservation (Appendix B-1). The NYSDEC conducted I an on-site visit, confirming for the purpose of this application (Le. , the proposed action) the freshwater wetlands limits as I determined by the Land Use Company (Plate 1 of the D.E.I.S.) . However, a redelineation may be required by the NYSDEC should I the site plans dated August 22, 1990 (Le. , Plate 1 of the I D.E.I.S.) change (Appendix A-2). The following section further discusses wetlands issues I that do or might pertain to the Macari at Laurel proposed action. The New York state Department of Environmental I Conservation Freshwater Wetlands Act, Article 24 and Title 23 of I Article 71 of the Environmental Conservation Law (referred to below as NYSDEC Article 24 ECL) describe in detail the NYSDEC I freshwater wetlands regulations. According to these regulations ( 24-070l. Permits) , any person desiring to conduct on designated I freshwater wetlands any regulated activities must obtain a I permit. 18 I n I I I Further, activities sub;ect to reaulation (Article 24 ECL, NYSDEC) include: I a. Any form of draining, dredging, excavation, removal of soil, mud, sand, shells, gravel or other aggregate from any freshwater wetland, either directly I or indirectly: and any form of dumping, fillinq, or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, either directly or indirectly: erecting any structures, roads, the I driving of pilings, or placing of any other obstructions whether or not changing the ebb and flow of the water: any form of pollution, includinq but I not limited to, installing a septic tank, running a sewer outfall, discharging sewage treatment effluent or other liquid wastes into or so as to drain into a freshwater wetland: and any other activity which I substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in section 24-0105 of I this article. These activities are subject to regulation whether or not they occur upon the wetland itself, if they impinge upon or otherwise I substantially affect the wetlands and are located not more than one hundred feet from the boundary of such wetland. Provided, that a greater distance from any such wetland may be regulated pursuant to this article I by the appropriate local government or by the department, whichever has jurisdiction over such wetland, where necessary to protect and preserve the I wetland. b. The depositing or removal of the natural products I of the freshwater wetlands by recreational or commercial fishing, Shell-fiShing, aquaculture, hunting or trapping shall be excluded from regulated activities, where otherwise leqa1ly permitted and I regulated. c. The activities of farmers and other landowners in I grazing and watering livestock, making reasonable use of water resources, harvesting natural products of the wetlands, selectively cutting timber, draining land or wetlands for growing agricultural products and I otherwise engaging in the use of wetlands or other land for growing agricultural products shall be excluded from regulated activities and shall not I require permit, except that structures not required for enhancement or maintenance of the agricultural activities shall not be excluded hereunder, and I provided that the use of land designated as a 19 I I I I freshwater wetland upon the freshwater wetlands map at the effective date thereof for uses other than those referred to in this subdivision shall be subject to the provisions of this article. I d. Public health activities, orders, and regulations of the department of health shall be excluded from I regulated activities. e. The Commissioner shall review all current mosquito control projects to determine whether they are having I any adverse impact on freshwater wetlands. Where any adverse impact is found, the commissioner may require modification of such projects if he deems such I necessary for the implementation of the policies of this article. f. Where dredging or filling is in navigable waters I of the state or is for the reconstruction or repair of certain dams and docks, and where such activity also affects freshwater wetlands, any person undertaking I such activity must seek permission under this article as well as under other applicable law. I g. On any land that is being developed pursuant to a planned unit development ordinance or local law where freshwater wetlands are to remain as open space, development activities shall be permitted in areas I contiguous to such wetlands if the local government affirms that such activities will not despoil said wetland. I Any person proposing to conduct or cause to be conducted a I regulated activity upon any freshwater wetland shall file an application for a permit with the clerk of the local government I having jurisdiction or the department. Review of the I application shall be made by the local government or the commissioner (Article 24 ECL, NYSDEC). I Regarding local implementation of freshwater wetlands protection NYSDEC Article 24 ECL states that may implement a I freshwater wetlands protection law or ordinance in accordance I with Article 24 ECL. No freshwater wetlands protection law or 20 I I I I ordinance adopted by a county pursuant to section 24-0501 (Article 24 ECL, NYSDEC) shall be applicable within the I boundaries of any city, town or village which has adopted and is implementing a local freshwater wetlands protection law or I ordinance consistent with NYSDEC Article 24 ECL. However, it is the specific provision that no such local freshwater wetlands I protection law or ordinance shall be less protective of I freshwater wetlands or effectiveness of administrative and judicial review, than the procedures presented in NYSDEC Article I 24 ECL, nor shall such local law or ordinance affect the activities exempted from permit, as described above (Article 24 I ECL, NYSDEC). I Furthermore, it is stated within NYSDEC Article 24 ECL that the commissioner, by rule, may exempt from local implementation I those freshwater wetlands which due to their size or special characteristics of unique environmental value or by reason of I common characteristics, are appropriately to be administered I pursuant to NYSDEC Article 24 ECL alone. Such rule, based upon findings of fact made after public hearing, may relate to I classes of wetlands based on size or particular characteristics, or to particular wetlands the characteristics of which make them I subject to the exercise of the commissioner's discretion I pursuant to NYSDEC Article 24 ECL. The commissioner shall make an order to such effect in each such instance and inform the I executive officer of each local government thereof. In addition, except as provided in NYSDEC Article 24 ECL I 21 I I I I jurisdiction over all areas which would qualify as freshwater wetlands except that they are not designated as such on the I freshwater wetlands map pursuant to section 24-0301 of NYSDEC Article 24 ECL because they are less than twelve and four tenths I acres in size and are not of unusual local importance is I reserved to the city, town or village in which they are wholly or partially located, and the implementation of NYSDEC Article I 24 ECL with respect thereto is the responsibility of said local governmental agency. I Any freshwater wetland subject to land use regulations shall be deemed subject to a limitation on the use of such I wetlands for the purpose of property tax evaluation, in the same I manner as if an easement or right had been acquired pursuant to the general municipal law. Assessed value shall be based, I during the duration of such regulation, on the uses remaining to the owner thereof. I I The Town of Southold has adopted local wetlands regulations. Thus, Chapter 97: "Wetlands", of the Code of the I Town of Southold (Town of Southold, 1988) and Local Law No. 4: "A Local Law in Relation to Wetlands" (Town of Southold, 1989) I describes the wetlands ordinance of the Town of Southold. The I Town of Southold wetlands regulations describes the term "freshwater wetlands: as (1) "Freshwater Wetlands" of Article 24 I ECL NYSDEC1 and (2) All land immediately adjacent to a freshwater wetland and lying within 75 feet landward of the most I 22 I I I I landward edge of a freshwater wetland. According to the Town of Southold wetlands ordinance, the I following exceptions do not require a permit: I a. The ordinary and usual mosquito control operations conducted by any public authority; I b. The ordinary and usual operations incidental to the cultivation and/or harvesting of fish or shellfish: I c. The ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish and I wildlife: d. The ordinary and usual operations relative to agriculture, aquaculture or horticulture: I e. The ordinary and usual maintenance or repair of a presently existing building, dock, pier, wharf, I bulkhead, jetty, groin, dike, dam or other water control device or structure: f. The construction of a registered bulkhead, which I is to replace an existing functional bulkhead, provided that the new bulkhead is constructed substantially similar to the design and measurement of I the existing bulkhead and located in place of the existing bulkhead. I However, within the Town of Southold (Chapter 97 of Code, I 1988) no person shall conduct operations on any wetlands in the I Town of Southold unless he shall first obtain a written permit therefor issued by the authority of the Trustees. The Trustees I may waive the requirement of a permit with respect to lands immediately adjacent to wetlands, if the Trustees find and I determine that no operations are proposed on such lands, or that I the operations proposed thereon comply with the local standards 23 I I I I (Chapter 97 of Code, Town of Southold, 1988). The Trustees may adopt a resolution directing the issuance I of a freshwater wetlands permit only if it determines that such operations will not substantially: I a. Adversely affect the wetlands of the town: I b. Cause damage from erosion, turbidity or siltation: c. Cause saltwater intrusion into the fresh water I resources of the town: d. Adversely affect fish, shellfish other or I beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof: e. Increase the danger of flood and storm-tide I damage: f. Adversely affect navigation on tidal waters or the I tidal flow of the tidal waters of the town: g. Change the course of any channel or the natural I movement or flow of any waters: h. Weaken or undermine the lateral support of other lands in the vicinity: I L Otherwise adversely affect the health, safety and general welfare of the people of the town. I Consequently, the Freshwater wetlands regulations for the I New York state Department of Environmental Conservation (Article 24 ECL, NYSDEC) and the Town of Southold (Chapter 97 of Code, I Town of Southold, 1988) regulate activities within 100 feet and I 75 feet of wetlands boundaries, respectively. I In order to comply with local regulations the proposed action should not cause any alterations except for those I 24 I I I described above within 75 feet of the landward wetlands I boundaries at the Macari at Laurel site. However, compliance I with the NYSDEC Article 24 ECL regulations require that no activities except those specifically permitted by Article 24 be I conducted within 100 feet of the wetlands. I Prior to the construction of the proposed action all I necessary permits, including wetlands permits from the town of Southold, the New York state Department of Environmental I Conservation, individual water well and sanitary system permits from the Suffolk County Department of Health Services, as well I as any other permits required by law, ensuring the preservation I of freshwater wetlands and groundwater quality in the area, will be obtained by the Applicant. I Issues that are regulated by the Army Corps of Engineers I are described within the Federal Register, Part II: Department I of Defense, Corps of Engineers, Department of the Army, 33 CFR Parts 320 through 330: Regulatory Programs of the Corps of I Engineers; Final Rule (1986). Specifically, section 320.1.b. describes the types of activities that are regulated: I I (1) Dams and dikes in navigable waters of the United States (Part 321); (2) Other structures of work including excavation, I dredging, and/or disposal activities, in navigable waters of the United states (Part 322); I 25 I -------- I I (3) Activities that alter or modify the course, I condition, location, or capacity of a navigable water of the United states (Part 322): I (4) Construction of artificial islands, installations, and other devices on the outer continental shelf (Part 322): I (5) Discharges of dredged or fill material into waters of the United states (Part 323); I (6) Activities involving the transportation of dredged material for the purpose of disposal in ocean waters (Part 324): I and I (7) Nationwide general permits for certain categories of activities (Part 330). I A request (Appendix C) was sent on september 16, 1991 to the Army Corps of Engineers to determine any jurisdiction this I agency may have over the waters and freshwater wetlands areas of the site. The agency then scheduled an on-site visit on I November 14, 1991 (personal communication, Mr. Roberto Barbosa, I Army Corps of Engineers, 212-264-6730). Subsequently, Mr. Roberto Barbosa (personal communication, of Army Corps I Engineers, December 17, 1991, 212-264-6730) informed The Clover Corporation that he does not believe the Corps has any I jurisdiction at the site. However, to date (i.e., February 26, I 1992) no written communications stating the findings of the Army Corps of Engineers regarding the Macari at Laurel site have been I received. I I 26 I I I 2. J'AONA I 1. COIIMBH'l' I The statement "The site for the proposed I action is not considered a significant parcel of habitat for the I osprey" , should be referenced and supported. The document should indicate how the Osprey was observed in connection with I the site. Ospreys tend to be surface water feeders occupying habitats in proximity such food sources. The significance of I the parcel in this context should be determined. (2) I RBPL Y: According to Peter Nye and Barbara Loucks (Undated I NYSDEC Publication "state Report: New York") the status of the Osprey in New York is a total of 137 active Osprey nesting I sites. Of these 110 sites are located in Eastern Long Island. I Seventy three of these sites were productive in 1983 producing a total of 155 young. 1983 marks the continuation of the dramatic I rise in New York's osprey population which began in 1980, as the young birds, produced after the DOT ban, began to reach sexual I maturity and nest during the mid-to-late seventies. In comparison, in the early seventies (i.e., 1982) New York's 105 I active pairs of nesting Ospreys were only able to produce 36 I young from 22 nests. On Long Island at least 50 artificial nesting platforms have been placed since 1976. CUrrently, I approximately half of these are in use. Many of these platforms involve translocation of Ospreys nesting in dangerous situations I on utility poles that must be moved. Throughout the State of I New York all available Osprey carcasses are routinely being 27 I --------------- I I I collected and analyzed for contaminant levels. the primary causes of death in New York ospreys are shooting and I electrocution. The Osprey was classified as Endangered in New York until 1983, when it was downgraded to threatened (Nye and I Loucks, undated report) . This may indicate a trend as the I population continues to increase counter to its rarity. A century ago there was a large population of Ospreys on I Long Island, where an estimated 1,000 - 2,000 adults roosted on Plum Island (Andrle & Carroll, 1988). In addition, than more I 100 nests were reported from Gardiner's Island in 1910. By 1930 the number of nests on Gardiner's Island had increased to more I than 300. Its decline began in 1948, and by 1966 only 4 young I were produced from an estimated 55-60 active nests on Gardiner's Island (Andrle et al., 1988). However, in 1977 the NYSDEC began I its Osprey monitoring program. As late as in 1986 there were 144 active nests and 186 fledglings (Andrle et al., 1988). On I Long Island the Osprey usually nests on large tracts of I undeveloped land near major estuaries, on tributaries, or along the many harbors or bays; or on islands, such as the Nature I Conservancy's Mashomack Preserve on Shelter Island, and Gardiner's Island. One nest, however, was located in the pine I barrens several miles from water. On Long Island the Osprey I appears to tolerate human disturbance. Although the nest is most frequently built in a tall tree, nests at Gardiners Island I were found on the ground. Adult Ospreys return to breeding areas on Long Island in I 28 I I I I I I I I I I I I I I I I I I I I mid to late March and leave for the wintering areas during late September early October. Ospreys require suitable nesting sites near an abundant food supply. Since they almost exclusively feed on fish, they usually nest near streams or bodies of water (Town of Brookhaven, 1990). Ospreys associated with freshwater areas usually depend on one or two major fish sources. In tidal areas, the Osprey tend to use the fish available. Within the nearby Town of Brookhaven the Osprey has been observed nesting both directly adjacent to water bodies and at inland sites in relative proximity (within 3 miles) to feeding areas. One Osprey nest even occurs on a light pole in an unused racetrack parking lot (Town of Brookhaven, 1990). At the Macari at Laurel property Ospreys occasions been observed flying over the site for action. have the on two proposed In conclusion, although the Osprey appears to be gaining rapidly in quantity and reproductive ability on Long Island it seems that its particular strongholds in the area are on the relatively isolated islands, such as Gardiners Island, Shelter Island, and Plum Island. In addition, with the close proximity of tidal waters and more sheltered habitats than the site for the proposed action, located adjacent to the moderately traveled Sound Avenue, it seems unlikely that the Osprey would utilize this site for purposes other than roosting. 29 I I I I I I I I I I I I I I I I I I I 2. COJOlBII'l'I The statement in the first full paragraph on page 111-36, "The field investigation failed to reveal any endangered or threatened species of wildlife", contradicts other information in the Draft EIS which identified the Osprey, a Threatened species, in association with the site. It should also be noted that habitat exists for a number of other Endangered species and Species of Special Concern. (2) REPLY: This comment is so noted. The text of the D.E.I.S. Section 111-36 has been changed to the following: "A survey of the insect species present on the site was not conducted. with the exception of the observations of the Osprey (pandion haliaetus) (TH), the field investigation failed to reveal any endangered, threatened or special concern species of wildlife (Department of Interior, Fish and Wildlife Service, ENF 4-Reg-17; New York State Department of Environmental conservation, 1987; New York Natural Heritage Program, 1987, Appendix A-5 of the D.E.I.S.). However, the potential exists that the site may be utilized by the following rare species: 1. New England Cottontail (Svlvilaaus transitional is) (SC), often utilizes the same type of habitat as the Eastern Cottontail. This species was not observed at the site during the field survey; 2. Eastern Hognose Snake (Heterodon olatvrhinos) (SC), prefers open sandy-soiled areas; thinly wooded hillsides, cultivated fields, and woodland meadows, species was not observed at the site during the survey; upland This field 3. Worm Snake (Carohoohis amoenus) (SC), is found in damp hilly woodlands, partially wooded or grassy hillsides above 30 I I I I I I I I I I I I I I I I I I I streams, and farmland bordering woodlands. This species was not observed at the site during the field survey; 4. Spotted Turtle (Clemmvs auttata) (SC), lives in marshy meadows, wet woodlands, boqqy areas, beaver ponds, and shallow muddy-bottomed streams. This species was not observed at the site during the field survey; 5. Cricket Frog (Acris creDitans) (TH), prefers sunny ponds of shallow water with good growth of vegetation in the water or on shore; slow-moving streams with sunny banks. This species was not observed at the site during the field survey; 6. Spotted Salamander (~mhvstoma maculatum) (SC), inhabits hardwood forests and hillsides around pools and flooded depressions. This species was not observed at the site during the field survey; 7. Southern Leopard Frog (Rana sDhenoceDhala) (SC), prefers freshwater locations. It wanders among moist vegetation in the summer, returns to freshwater ponds and streams and brackish marshes for the rest of the year. This species was not observed at the site during the field survey; 8. Eastern country species survey; Bluebird (sialia sialis) (SC), lives in open with scattered trees; farms and roadsides. was not observed at the site during the This field 9. Grasshopper grassland, observed at Sparrow (~mmodramus savannarum) (SC), hayfields and prairies. This species the site during the field survey; prefers was not 10. Vesper Sparrow (pooecetes aramineus) (SC), prefers meadows, fields, prairies, and roadsides. This species was not observed at the site during the field survey; 11. Peregrine Falcon open country. during the field (Falco Derearinus) (EN), lives mainly This species was not observed at the survey; in site 12. osprey. (pandion haliaetus) (TH), was observed on two occasions flying over the site. Its main habitats are rivers, lakes, and coast." 3. COMMENT : The second full paragraph on Page III-42 indicates that, "The wildlife population potential at the site is somewhat limited by the surrounding land usage as well as 31 I I I I I I I I I I I I I I I I I I I recent activities on the site itself." This statement seems to contradict other information in the Draft EIS which indicates that the parcel is an old field with forested and wetlands areas providing diverse habitat and "edge effect". In addition, the surrounding area is primarily of low intensity usage. Therefore it should be indicated how these factors limit the wildlife population potential on the site. (2) REPLY: This comment is so noted. The text of the D.E.I.S. Section III-B-2: FAUNA, Page 111-42 has been changed to the following: "The wildlife population potential at the site is moderately limited by the surrounding land usage (e.g., farmland and Sound Avenue)." only active C. HYDROLOGIC SBTTING 2. GROUNDWATBR WATER QUALITY 1. COJOlBNT: The last paragraph (p. updated to reflect recent findings that residential use of fertilizers may be an source of nitrates. (1) III-56) needs to be septic systems and equally significant REPLY: The text of the D.E.I.S. section III-C-2: Groundwater, Page III-56 has been changed to the following: 32 I I I I I I I I I I I I I I I I I I I "Hydrogeologic Zone IV locally has marginal water quality, mainly in areas underlying farms. Agricultural fertilizers are a major source of nitrates to the groundwater in the North Fork (Long Island Regional Planning Board, 1978). According to Ms. Valerie Scopaz of the Town of Southold Planning Board (personal communication with Melissa Spiro, 516-765-1937, September 16, 1991) recent findings of the Special Groundwater Protection Area Study have indicated that septic systems and residential use of fertilizers may be an equally significant source of nitrates." A study of the Draft Special Ground-water Protection Area project (LIRPB, 1991) mentions that the findings of a U.S.G.S. project titled "Statistical Modeling of Shallow Groundwater Quality in the Central Suffolk pine Barrens SGPA, Suffolk County, Long Island, New York" (USGS Water Resources Division, 1991) clearly established a linkage between human activities and the impact on the shallow aquifer. According to Project Director Lee Koppelman (personal communication, 516-632-9021, september 24, 1991) the U.S.G.S. study referred to actually is the u.s. Geological Survey Water-Resources Investigations Report 86-4142, a study published in 1989 by David A.V. Eckhardt, William J. Flipse, Jr., and Edward T. Oaksford, titled "Relation Between Land Use and Ground-water Quality in the Upper Glacial Aquifer in Nassau and Suffolk Counties, Long Island, New York." Eckhardt, et al. (1989), studied several different land-use categories (i.e., industrial, commercial, transportation, agricultural, institutional, recreational, undeveloped areas, 33 I I I I I I I I I I I I I I I I I I I and four different densities of residential areas). The relationship between these land-use categories and the water quality of the underlying Upper Glacial aquifer was studied in detail. Thus, the study by Eckhardt, et al. (1989) placed special emphasis on contamination by several organic compounds, but contamination by several inorganic constituents, such as nitrate, sulfate, potassium, calcium, chloride, and total dissolved solids, was also investigated. The residential categories included: (1) Low-density Residential (fewer than 2 dwellings per acre); (2) Medium-density Residential (2 to 4 dwellings per acre); (3) Intermediate-density Residential (5 to 10 dwellings per acre); and (4) High-density Residential (11 or more dwellings per acre). Thus, the density of the proposed action (27 dwellings on 63.6 acres, or about 0.42 D.U./acre) falls under the category of Low-density Residential. In general, the Eckhardt, et al. (1989) study found: Groundwater from agricultural areas had the highest median concentrations of nitrate (6.0 mg/L), sulfate (40 mg/L), and calcium (19 mg/L), presumably as a result of fertilizers. AgricUltural areas also had the most frequent detection of the pesticide carbofuran (42% of wells). However, aldicarb contamination was not studied by Eckhardt, et al. (1989). and Groundwater from high-density residential areas had the highest median specific conductance (296 uS/em), and the highest median concentrations of chloride (31 mg/L), potassium (4.3 mg/L), and total dissolved solids (202 mg/L); groundwater in this category also had the second-highest median concentration of nitrate (4.6 mg/L) and frequency of detection for 34 I I I I I I I I I I I I I I I I I I I 1,1,1-trichloroethane (42%), trichloroethylene (37%), tetrachloroethylene (33%), chloroform (22%), and 1,2-dichloroethylene (12%). However, groundwater from low-density residential areas had near-average concentrations of inorganic chemical constituents and a relatively low percentage of wells with volatile organic compound and pesticide detection. Specifically, Fiqure 7 of the land-use study (Eckhardt, et al., 1989) presented the relationship between nitrate and land-use categories. Accordingly, the median values (50th percentile) and inter-quartile range (IQR) of data (25th to 75th percentile) of agricultural and high-density residential are comparable. However, the impact from low-density residential on nitrate appears significantly lower. Thus the ranked, actual values are as follows: Land-Use Cateaorv Median IQB AGRICULTURAL HIGH-DENSITY RESIDENTIAL LOW-DENSITY RESIDENTIAL 6.0 mg/L 4.6 mg/L 2.8 mg/L 7.5 mg/L 7.0 mg/L 3.8 mg/L 2. COIDUDIT : The third paragraph (p. III-58) notes that Well #S 53333 goes down 275 feet from the surface. Table 1 on page 111-60 states that the well goes down 74 feet from the surface. Which number is correct? (1) REPLY: This comment is so noted. The text of the D.E.I.S. Section III-C-2: Groundwater, Page III-58, paragraph has been changed to the following: "This well, #S 53333, (Fiqure 9) is completed at 74 feet within Third the Upper Glacial Aquifer and gives an indication of the quality 35 I I I I I I I I I I I I I I I I I I I of groundwater in the area within this stratigraphic horizon (Table 1)." 3 . CO--1I'J! I location of the project. (1) Figure 9. The map does not show clearly the observation well relative to the proposed REPLY: Observation well #S53333 is located approximately 0.6 miles northwest of the Macari at Laurel site. Figure 1 (i.e., Figure 9 of the D.E.I.S.) has been changed to demonstrate more clearly the locations of this observation well and the site for the proposed action. 4. COMMENT I Although the DEIS refers to groundwater quality in the area generally, it fails to specifically analyze groundwater quality on the site. As the site was used for farming from 1920 until the early 1980's, both the groundwater and the soil should be tested for residual pesticides. soil testing is critical for a proposed residential development because children may ingest contaminated soil while playing out-of-doors. (1) (11) (13) REPLY I groundwater Laurel site Laboratories This comment is so noted. Accordingly, and soil samples were collected at the Macari at on December 10, 1991, and analyzed by Ecotest (Appendix D). A map indicating the sample 36 I I FIGURE 1 LOCATION OF DATA COLLECTION STATIONS: QUALITY OF GROUNDWATER I -- .53326 .65 I I .53322 .65605 -6:>42 ...__:~ 0:, , .53336 ~3327 .53325 , /' y'" I -=::-> - - ,~4 / o.~e , '<J5l582 .16796 , , / /' 9269 ~;w' ,- I ./4: -~ .53333 ~ / I ~71 .5~d /-.51587 .71577 ~332 ,....,. ~8 ,. , ^ -'- -<S,j> / ~ " \ I 3\ --' , /e51581 Cd Ma," .515891"\ / _ .515:01' /' _> ~ ~. S..../'y " .4523'- ~ \ ,"; -. ... '. .~"i.... = ~--.....-~\; :: \e4723i..::::.:.:/ (. I .'-- .," \ \ ~ 1."..1 I ~ ' ~:~.AeA1A ""~ /~ ..8584 0;, .74307 CD .;~ .46537 ... -~"-- St '''~449 _ s-.-- .. ~-,~~.,",," ....------,....... ~ ------ "~ - ~--- o' .,. ~ ----..::.: - ~ a.q230 "~-:'.:;. .74304-\~ri; -~ ~ ~. -'~'I~qtr ' ~'. )541 674296 24 . H . -.: ._ .- ~.. .46538 \ a~~ 4.a99 ---;'fol......---- .46536 . 8a sunflse~-- ~s "8581 ~_/ , _ --.'8tl3~ A46!j,~ _~.~ e47232 - '00'\. -- ------v ~~__ :.-- ""-"-. I '---=~: I I ~ .74308 ~Al::'i31 '..r:- --' __"'6535 .46532 I ,- I == '!!J543 ~5.:o . ~ -, '. .74306 5 ..6540 , /' I AI - (Doriski, 1987) Q 2 , 4 5 MilES I , , , , , . , , 0 2 ;, 4 5 KilOMETERS I I 37 I I I I I I I I I I I I I I I I I I I locations is included in Appendix D. Groundwater samples were collected at Monitor Well locations #1, #4 and #5. In addition, the soil sample was collected in the old field area, adjacent to Monitor Well #1. The soil sample is a composite of four separate subsamples, taken at a depth of approximately 1.5 feet from borings located approximately 3 feet apart. The results of the groundwater and soil analyses are presented within Appendix D. Specifically, the soil sample was specifically tested for presence of pesticides and PCB's. No PCB's were detected in the soil sample. Elevated, but not unusual values (i.e., 49 - 260 ug/Kg) of DOT and its breakdown components (i.e., ODD and DOE) as well as Dieldrin (i.e., 15 ug/Kg) and Eldrin (i.e., 6 ug/Kg) were found. The~ groundwater samples were analyzed for content of volatile organic compounds (VQcrs), bacteria and inorganics. with one exception, the parameters tested did not exceeded the guidelines (Appendix D). However, the combined Manganese and Iron contents ranged from 38.6 to 54.2 mgjL, greatly in excess of the 5 mgjL combined guideline. According to Ecotest Laboratories, the elevated Manganese and Iron values are probably caused by slight sediment contamination in the water samples. Specifically, the Nitrate values ranged between <0.5 and 0.8 mgjL, significantly below the permitted maximum of 10.0 mgjL. In addition, the Chloride measured contents of 5 to 22 mgjL were significantly less than the permitted 250 mgjL. In order to further evaluate the test results, the SCDHS was contacted for their imput and analysis (Appendix D). 38 I I I I I I I I I I I I I I I I I I I 3. SUJ:TAllY WASTE 1. COIIIIBIIT : The second paragraph (p. 111-65) does not mention that Southold's zoning code mandates clustering in the R-80 district where the subdivision exceeds 10 acres in area. (1) REPLY: This comment is assumed to include a typographical error in the page reference. Thus, it is more likely that it should have read "111-75" instead of "111-65." Accordingly, the text of the D.E.I.S. section 111-0-3 ZONING, Page 111-75, second paragraph has been amended to the following: "The site for the proposed action is zoned R-80 and is defined as a single-family dwelling on a minimum lot area of 80,000 square feet (Code of Town of Southold, Chapter 100: Zoning). According to the section 100-181 of the Zoning Chapter of the Code of the Town of Southold (1990) clustering is required within the R-80 Residential District on lots of at least ten acres (e.g., the site for the proposed action), subject to the following conditions: (1) The residential use will be single-family detached homes for lot sizes of at least 30,000 square feet and detached or attached houses for lot sizes less than 30,000 sq. ft. (2) The density of these homes will be as specified in the particular district and determined as indicated in Subsection 100-181-C of the zoning Chapter. 39 I I I I I I I I I I I I I I I I I I I (3) The (a) minimum lot size is: Without public water and sewer: 30,000 sq.ft. (i.e., the site for the proposed action)~ With public water: 20,000 sq.ft.~ With public water and sewer: 10,000 sq. ft. (b) (c) Table 3 further defines the specific utilization and dimensional regulations, respectively, applicable to R-SO zoned districts. The site does not fall within a designated historic district." In accordance with the existing zoning district designation for the site Macari at Laurel site, the proposed action is a clustered residential subdivision, which, as opposed to the yield alternative, clusters all areas to be regraded, away from the environmentally sensitive portions (Le. , freshwater wetlands and surface waters) of the site. D. MUNICIPAL SBTTING ... TRAFPIC BXISTING TRAFPIC VOLUMES 1. COMMENT : III-SS. The year, and date of the traffic volume data is neither noted nor referenced. (1) RBPLY: The traffic volume data was collected in late June of 1990. 40 I I / I I I I I I I I I I I I I I I I I " 2. COMHDlT: There are numerous'deficiencies in the Traffic study (Appendix D). The study does not address variations in traffic volume during the year and the marked increase in traffic during the summer months. In particular, the study does not state the dates that traffic volume data was collected. Traffic volume data should have been collected during the summer months, when traffic volume is highest. (11) REPLY: Additional data is presented in Appendix L following discussions with the NYSDOT. Conclusions presented indicate that there will be no significant adverse impacts on traffic resulting from the proposed action. 3. COMMENT: There are also two errors in the Traffic study which should be corrected. The location map does not depict the Macari proposal. In addition, Figure 3 presumably shows existing ambient traffic projected to 1992, and not 1990 as stated on page 13. (11) REPLY: These comments are so noted. s. CULTUR&L, RISTORICAL, AND SCEKIC P~SOURCES EISTORlCAL RESOURCES 1. COMME~~: 1II-96. The second sentence contradicts information presented on page 1II-97 that inland camps were occupied during cold weather months. The first sentence of the 41 I I I I I I I I I I I I I I I I I I I second paragraph is contradicted by statements made on 111-93 and 94 that artifacts were found on the si~e. Also, site sensitivity map referred to in the third paragraph missing from Appendix B. (1) pages the is RBPLY: The text of the D.E.I.S. section 111-0-5: cultural, Historical, and Scenic Resources, Page 111-96 has been amended to the following: "Inland camps have more recently been found around kettle ponds and lakes. It has been concluded that these inland camps were seasonal occupations during cold weather only. Laurel Lake is a glacial kettle pond that may have been an attractive environment for hunting, gathering, fishing and fowling, as well as providing fresh water, timber, and protection from a harsh coastal climate. Prehistoric evidence may still exist at and/or below the disturbed/original soil interface. Prehistoric archaeological sites and unstratified finds are known from Suffolk County, but artifacts have not previously been reported specifically from the site for the proposed action." The site sensitivity map from Appendix B of the D.E.I.S. is included on the following page as Figure 2. 42 . Ul . H z Ul lJ.;j 'Q) 'd l/) 0 S-~ r: H rl o QJ EI 0 ~J Ul ... .<1 Ul Z -d ........ "I ~J ,.1 Ul .L: rd Ql U ~Ul QJ s-~ "d ~J J-I,~ UI t}l Q) 0 0 :> I,..-t .<1 ." 00 " ~I Ul Q) 'd Rl Ul Ul m.C1 QJ 0 QI U " n. ). H Rl Rl . ... @ ", ,. f .- !> ~ 1 ..; .. . l<l . r... r... o ~ N gj ::> l'J H r... ;' U) J>.l H 0 ~ ~ U) ~l E-i ~ 0 Z 0 H ~5 t}S; P I c)c) HZ ~H ~ g \ U) ~ \ . H \ U) ~ 0 ~' .ii ,I , It ,.f , I I . \~ \ i '. ~ tt~ ~ & ~~rf[ttrrrn-Hf~ -- .. -. - - - - - - - - - - - - - - - - ';:>' \- (/) - / o o ~ ..J ~ .., - - x \ <"'I qo '. '''-;~''_. " ,. ; j , ""I ":1;' ,"\, . ::i:j . I.,. -",I ::', ,.~ t. ..'.' ";"!:- \ C) u. uJ o o al .. C'l. ,.. 4. - I I I I I I I I I I I I I I I I I I I IV. AlIlTICIPATBD BIIVIRONMBIlTAL IMPACTS 01' PROPOSBD ACTIOIt A. PHYSICAL SBTTIItG 1. TOPOGRAPHY 1. COKKBItT: This section provides a generalized discussion of topographic impacts. Review of Plate 1 for the proposed development areas of the site finds that Lot 18 is most severely constrained with slopes ranging from 10 to 15 percent in the development area. In addition, this lot is proximate to the eastern freshwater wetlands area on the site. Mitigation measures suggested in section V require implementation, enforcement and monitoring in order to ensure that no impact occurs. Alternative mitigation such as avoidance of this area is suggested. (2) RBPLY: Figure 3 presents a potential layout of Lot 18 of the proposed action for the Macari at Laurel subdivision. Areas with slope gradients of <10%, 10-15%, and >15% are indicated for this lot (Figure 3). Furthermore, the boundary of the 100 foot buffer zone surrounding the nearby freshwater wetlands area is also shown (Figure 3). In general, steeper sloped areas (i.e., areas with slope gradients of 10-15% and >15%) are concentrated along the northern boundary and within a centrally located area of Lot 18. Portions of the 100 foot wetlands buffer zone are found within a relatively narrow zone along the western part of the northern boundary of this lot (Figure 3). In addition, Figure 3 contains 44 I I I I I I I I I I I I I I I I I I I FIGURE 3 LOT 18 OF PROPOSED ACTION: POTENTIAL LAYOUT , ,. : , , -' , ... , , , , , , ,. , ,- I , I , , \ ...~ " .... 100 Ft Wetlands Boundar ,'<) l!l, Dwelling Unit & Driveway Slope Gradients: '. D ~ ~ < 10% 10 - 15% :.;" . . '. 'f.L r.. ,::::::: ."" ...:':::..::::/:;;.;}:::.... > 15% \ , " " - SCALE 1 :600 45 I I I I I I I I I I I I I I I I I I I a hypothetical building unit and driveway layout. As demonstrated, it is possible to construct the single-family dwelling and associated driveway without encroaching upon steeper sloped areas. Furthermore, the construction on Lot 18 will not result in any regrading activities within the 100 foot freshwater wetlands boundary. The area requiring regrading would be further removed from any sensitive portions of the lot if the dwelling unit was oriented with the long axis parallel to the northern boundary and the driveway placed along the limit of the 50 foot buffer along the southern boundary of the lot. B. Bl:OLOGl:CAL SBTTl:NG 1. FLORA 1. COMMENT: The site contains significant prime farmland as outlined on Pages 1II-12 and III-13. The loss of this farmland is regarded as an irreversible impact, which should be recognized as such. This is of course balanced with other issues such as potential for lower nitrogen in recharge associated with cessation of farming. (2) REPLY: This comment is so noted. 2. COMMENT: The regulatory wetlands boundary must be established before conclusions regarding wetlands impacts may be reached. Lot 18 falls within 75 feet of the suggested wetlands 46 I I I I I I I I I I I I I I I I I I I boundary, and contains steep slopes proximate to this wetlands. Potential for impact of development of this lot upon wetlands is considered high. (2) REPLY: The on-site field inspection by the New York state Department of Environmental Conservation confirmed the freshwater wetlands boundaries as designated by the Land Use Company (Plate I of the D.E.I.S.) "for the purpose of this application" (Appendix B-2). However, should the site plans dated August 22, 1990 (i.e., Plate 1 of the D.E.I.S.) change, then a redelineation by the New York state Department of Environmental Conservation might be necessary. Figure 3 presents a potential layout of Lot 18 of the proposed action for the Macari at Laurel subdivision. Areas with slope gradients of <10%, 10-15%, and >15% are indicated for this lot (Figure 3). Furthermore, the boundary of the 100 foot buffer zone surrounding the nearby freshwater wetlands area is also shown (Figure 3). In general, steeper sloped areas (i.e., areas with slope gradients of 10-15% and >15%) are concentrated along the northern boundary and within a centrally located area of Lot 18. Portions of the 100 foot wetlands buffer zone are found within a relatively narrow zone along the western part of the northern boundary (Figure 3). As demonstrated in Figure 3 the construction on Lot 18 will not result in any regrading activities within the 100 foot freshwater wetlands boundary. In addition, the area requiring regrading could be further removed 47 I I I I I I I I I I I I I I I I I I I from any sensitive portions of the lot if the dwelling unit was oriented with the long axis parallel to the northern boundary and the driveway placed along the limit of the 50 foot buffer along the southern boundary of the lot. 2. FAun 1. COHKBRT: The Avian Species impact table beginning on Page IV-ll indicates that the proposed project will adversely affect grassland species including warblers and sparrow, including loss of potential habitat for two Species of Special concern, the grasshopper and Vesper Sparrows. The fact that the proposed project will alter 44 percent of the existing Old Field habitat, impacting those species which rely on this habitat, should be further identified as an impact of the proposed project. (2) REPLY: The fauna lists presented within the D.E.I.S. text section III-B-2 and IV-B-2 Fauna include species that were actually observed at the Macari at Laurel property during the on-site field survey as well as species that might potentially utilize the site, either for living, foraging, or resting purposes. with the exception of the osprey (Pandion haliaetus) which was observed flying over the site on two separate occasions, no other endangered, threatened, or special concern avian species were observed at the site during the field survey. 48 I I I I I I I I I I I I I I I I I I I The proposed action will, in accordance with the existing zoning district designation for the site, develop the Macari at Laurel property as a clustered subdivision. The site layouts under the existing and proposed conditions are as follows: Existina PrODosed TvDe of Ground Cover Acres Percent Acres Percent original Ground Cover (63.6)(100.0%) (45.2) (70.9%) Upland Forest 22.4 35.2% 22.0 34.6% Low Forest 1.4 2.2% 1.1 1.7% Old Field 39.1 61. 6% 21.4 33.6% Wetlands/Surf. Wat. 0.7 1.0% 0.7 1.0% Impervious Surfaces (0.0) (0.0%) (5.9) (9.3%) Dwellings/Driveways 0.0 0.0% 2.1 3.3% Roadway 0.0 0.0% 3.8 6.0% Replanted Vegetation (0.0) (0.0%) (10.1) (15.9%) Turf 0.0 0.0% 8.0 12.6% Indigenous Shrubs 0.0 0.0% 2.1 3.3% Recharae Basin -2....Q. 0.0% ~ 3.8% Total Area 63.6 100.0% 63.6 99.9% Consequently, a total of approximately 18.4 acres, or 28.9% total area will be regraded with the construction of the proposed, clustered subdivision. The areas to be regraded are as follows: TvDe of Ground Cover Rearadina Acres Percent Total Area (18.4) (28.9%) 0.4 0.6% 0.3 0.5% 17.7 27.8% Original Ground Cover Upland Forest Low Forest Old Field Total Regrading 18.4 28.9% 49 I I I I I I I I I I I I I I I I I I I The regrading necessary for the construction of the proposed action will necessitate the altering of 0.4 acres (0.6% total area) of the existing upland forest: 0.3 acres (0.5% total area) of the existing low forest: and 17.7 acres (27.8% total area) of the old field vegetation. Within the regraded area approximately 5.9 acres (9.3% total area) will become impervious surfaces, while the planned recharge basin will cover an area of 2.4 acres (3.8% total area), and the remaining 10.1 acres (15.9% total area) will be replanted with low maintenance turf (8.0 acres [ 12.6% total area]) or indigenous shrubs (2.1 acres [3.3% total area]). Within the regraded areas wildlife will be temporarily or permanently displaced during and after the construction of the Macari at Laurel proposed action. Some of these numbers and species of wildlife will find temporary or permanent shelter in adjacent habitats whereas others will not. Since the majority of the regrading activities will occur within the area of old field vegetation, the largest impact on wildlife is likely to be exerted on the species currently inhabiting the old field areas. 2. COHMBRT: Lot 18 contains forest, old field and provides an ecotone between these habitats. In addition, this lot is constrained by slopes. The preservation of habitat on site could be enhanced if this lot were to be relocated. (2) REPLY: This comment is so noted. 50 I I I I I I I I I I I I I I I I I I I C. HYDROLOGIC SBTTING 2 . GROUllDWATBR 1. COMKBNTI The project falls within an core watershed area designed by the County as a Special Groundwater Protection Area, and the town has also given this area a Watershed Protection Zone designation. Information about what the recommendations of the County and the town are as to how to best manage this area are not included in the DEIS and therefore an accurate determination of the impacts from the proposed development of this core watershed area is vague and inconclusive. We believe more information on this is needed before making a determination. (5) (10) RBPLYI According to Article 12: "Suffolk County Drinking Water Protection Program" of the Suffolk County Code (1989) it is part of the Suffolk County Water Protection Preserve, which includes all SGPAs of Suffolk County. Within the Water Protection Preserve and the Suffolk County pine Barrens Wilderness the County of Suffolk may acquire one or more parcels of undeveloped land. Land so acquired as authorized under Article 12 (SCC, 1989) will remain in its natural state and be managed so as to perpetuate the natural ecosystem of these lands as a nature preserve. An exception of these regulations are lands that the Suffolk County Legislature may determine as being necessary for use for water supply production and distribution, 51 I I I I I I I I I I I I I I I I I I I including ancillary facilities required specifically for such production and distribution (Article 12, Code of Suffolk County, 1989). Any surplus funds under this acquisition program shall, on an annual basis, be allocated for Water Quality Protection Programs as determined by the County Executive and the County Legislature. The Water Quality Protection Program includes funding for the sewer districts, extension of water mains, water purification, and waste water treatment (Article 12, Code of Suffolk County, 1989). The Long Island Regional Planning Board, initiated a study of the Special Groundwater Protection Areas prior to the onset of the Suffolk County Drinking Water Protection Program (see below). The SGPA study of the Long Island Regional Planning Board was initiated with a pilot study, published in 1986 under the title "Special Ground-Water Protection Area Project for the oyster Bay Pilot Area and Brookhaven Pilot Area." This publication described the Special Ground-water Protection Areas of Long Island. This publication did not include any areas within the Town of Southo1d under the SGPAs of Suffolk County. Subsequently, the Suffolk County Water Authority published a report titled "Watershed Protection strategy Discussion Paper" in 1987. within this report, one area in the Town of Southold, east of Mattituck (i.e., not including the Macari at Laurel property) was designated as part of the Core Watershed Corridor. The Core Watershed Corridor was defined as an area approximately 2 miles on either side and following the path of 52 I I I I I I I I I I I I I I I I I I I the groundwater divide area, this being the heart of the groundwater system (SCWA, 1987). The Suffolk County Water Authority (1987) pointed out that because the conditions and problems of the Forks (i.e., North and South) are more specialized, recommendations regarding these areas are delayed pending further discussion. A Draft of SCWA Watershed Management Plan (SCWA, 1988) divided the management plan for SCWA into two elements, a long-term strategy, emphasizing the protection of the Central Watershed Corridor (CWC) and a secondary analysis of identified areas around each well head (WHPA) for activities which will have a more immediate impact on the SCWA well system. This Draft Report (SCWA, 1988) stated that the same general principle as within the central part of Suffolk County was followed in carrying the concept of the CWC onto the East End of Long Island. However, within this area another dimension is added to the problem of identifying the heart of the groundwater system. This is the fact that within this area lighter potable fresh water floats in "lenses" on the underlying, denser salt water. However, water recharged at the divide still penetrates deepest into the aquifer and resides there for the longest time. Thus, on the North Fork the CWC was defined as an area around the groundwater divide, delineated by the five-foot contour above mean sea level from the 1987 Water Table Contour Map of Suffolk County Department of Health Services. 53 I I I I I I I I I I I I I I I I I I I On June 29, 1989 the Suffolk County Executive Patrick Halpin created a Drinking Water Protection Program Advisory Committee and a technical Subcommittee of Hydrology to assist Suffolk County with the implementation of the Drinking Water Protection Program outlined in Article 12 of the Code of Suffolk County (1989). The Subcommittee included among others, representatives of the Suffolk County Department of Health Services, Suffolk County Planning Department, Suffolk County Water Authority, and Suffolk County Department of Real Estate. The Hydrology Subcommittee defined a number of regional Sub-Watersheds under the Special Groundwater Protection Areas and the Suffolk County Pine Barrens Zone (Suffolk County Executive, 1990). The Hydrology Subcommittee recommended that acquisition under the Drinking Water Protection Program (Article 12, Code of Suffolk County, 1989) be made within these sub-watershed areas of Suffolk County. ~e Hydrology Subcommittee (Suffolk County Executive, 1990) made the following additional recommendations: 1. Identification of watershed acquisitions solely, upon a parcel-to-parcel basis must Rather, delineations of specific, critical regions must be the primary task; strictly, or be avoided. subwatershed 2. Since high priority watershed regions will be located in areas of the County which are distinct from each other with respect to hydrology, ecology, land use, population, water supply infrastructure, real estate markets, and other factors, no evaluation scheme can be endorsed however intuitively appealing - which compares individual parcels in one watershed region with those from other regions; 54 I I I I I I I I I I I I I I I I I I I 3. Comparisons among the subwatersheds must focus upon watershed-level attributes; 4. Candidate should only be parcels within parcels within an individual compared against their "peers" that subwatershed); subwatershed (Le., other 5. criteria used subwatersheds will In all cases, the possible protection to select strategic parcels vary from one subwatershed to overriding goal is to ensure for the subwatershed; within another. the best 6. The establishment of subwatersheds provides a land evaluation methodology which: a. Clearly separates regional from local criteria; b. Permits qualitative and quantitative information to be combined without artificial numerical conventions; c. Yields results which are easily presented, understood and discussed. The resulting "Comprehensive Acquisition Program" under The Suffolk County Drinking Water Protection Program was published by the Suffolk County Executive in October of 1990. According to this publication, although Article 12 of the Code of the County of Suffolk is called a Drinking Water Protection Program, the law clearly states that it is a Pine Barrens Wilderness Protection Program as well. Accordingly, concerted effort is being made to blend habitat protection with groundwater protection during the acquisition process (Suffolk County Executive, 1990). The Comprehensive Acquisition Plan (Suffolk county Executive, 1990) included an additional revision of the Core Watershed Corridor. Thus, with this (latest) edition more extensive areas of the North Fork, around the groundwater divide are included in the Core Watershed Corridor. Specifically, the Macari at Laurel property is located within the Core Watershed Corridor and in a Special Groundwater 55 I I I I I I I I I I I I I I I I I I I Protection Area (a.k.a. SGPA) (SCWA, 1991). However, it lies outside the regional Deep Recharge Area of Long Island (SCWA, 1991). specifically, it lies in the Laurel Lake Woods Sub-Watershed area of the Central Suffolk special Groundwater Protection Area (Suffolk County Executive, 1990). The Laurel Lake Woods Subwatershed, which covers an area of approximately 1,124 acres, provides excellent opportunities for well siting and wellhead protection for the future needs of western Southold Town. Both the Suffolk County Water Authority and the Town of Southold have expressed strong interest in this region (Suffolk County Executive, 1990). However, according to the Suffolk County Department of Real Estate no purchases had been made under the Drinking Water Protection Program as of October, 1990 (Suffolk County Executive, 1990). The Long Island Regional Planning Board recently published a follow up to its SGPA pilot study, titled "Draft Special Groundwater Protection Area Project" (LIRPB, 1991). This draft report indicates that the overall SGPA plan calls for 46% of all property to remain in open space. Thus, of the 207,000 acres within the SGPAs of Long Island more than 96,000 acres would remain natural for watershed protection. In addition, existing open space and protected farmland account for 26% of all the land area. Another 7% is to be permanently protected through the acquisition of woodlands and the purchase of farmland 56 I I I I I I I I I I I I I I I I I I I development rights. Furthermore, 14% will be preserved through the use of clustering of residential development on both woodland and farmland site, planned unit development, industrial clusters and replatted old filed maps. About 38% of all the SGPA land is expected to be used for residential purposes (LIRPB, 1991). Specifically, the Central Suffolk SGPA covers approximately 125,000 acres within the Towns of Brookhaven, Riverhead, Southampton, and a small portion of Southold (LIRPB, 1991). The northeastern portion of the Central Suffolk SGPA covers an area of approximately 25,268 acres, the current land uses of which are as follows: 7.3% residential land, 13.2% vacant land, 0.4% underwater land, 0.7% commercial land, 1.1% industrial land, 0.8% institutional land, 13.7% utilities, 9.5% open space, and 53.2% agricultural land. The Southold portion of this SGPA includes a combination of wooded and farming areas around Laurel Lake. It is possible to create a preserve for future watershed purposes in the western part of the Town of Southold that would contain over 200 contiguous acres in the vicinity of the lake. There is some farming, some vacant woodlands, a former mining area and a camp site that could form the core of such an area. The specific recommendations for the Southold portion of the Central Suffolk SGPA are as follows: The county and the Town of Southold should use a combination of selective acquisition, T.O.R., and mandatory clustering to assemble and protect a 200+ acre watershed preserve in the vicinity of Laurel Lake. Such a 57 I I I I I I I I I I I I I I I I I I I preserve would comprise both woodlands and portions of farm parcels. In addition, the Town of Southold should facilitate the phase out of the former mining operation and of the small industrial use on Sound Avenue. Both properties should be converted to residential use and further industrial development should not be permitted in this part of the SGPA. Furthermore, the Town of Southold should review its zoning ordinances and amend them as necessary to preclude the expansion of commercial activities beyond the limits of the SGPA area where such activities already exist. According to Ms. Phyllis Haner, Land Management Specialist IV and Acquisition Agent with the Suffolk County Department of Real Estate the Department has singled out several parcels for potential acquisition within the immediate area around Laurel Lake (personal communication, 516-853-3801, september 23, 1991). These include the following: Suffolk Countv Tax MaD NlImher 1000-121-3-7.1 1000-121-4-8.3 1000-121-4-8.4 1000-121-4-9.1 (i.e., Proposed Action) 1000-121-4.10.1 1000-121-5-p/o 4.1 1000-122-2-p/o 25 1000-125-1-1 1000-125-1-13 1000-125-1-14 These properties are currently being appraised. The appraisal value of a parcel is higher the further along in the 58 I I I I I I I I I I I I I I I I I I I SEQRA process the particular piece of property is. The Suffolk County Department of Real Estate will probably be making specific offers, under the 1/4 cents sales tax program, during the Spring. Each potential acquisition will be a negotiated sale, dependent upon the appraisal value, the Department will make offers that the property owners then can accept or decline (personal communication, Ms. Phyllis Haner, 516-853-3801, September 23, 1991). 2. COMMENT: The DEIS acknowledges that Laurel Lake is a potential source of drinking water (DEIS at III-57) but does not assess the critical issue of the impact of the Project on the future use of Laurel Lake as a source of drinking water. The DEIS should analyze the present water quality of the Lake, the expected impact of the Project alone, and the cumulative impact of it and other projects proposed for the area on the water quality of the Lake. (11) REPLY: Seven (7) monitoring wells (Figure 6 of the D.E.I.S.) were completed at the site in order to determine the present elevation of the groundwater table and to establish the general groundwater flow direction at the site. The groundwater table is approximately 6 feet above sea level at the site (Appendix C of the D.E.I.S.; Figure 7). Depth of the water table below the surface ranged from approximately 0 to about 45 feet (Appendix C of the D.E.I.S.). Although the water table is considerably lower than the ground surface throughout most of the site, the floors of the two westernmost kettle holes in the north-central portion of the site intersect the water table, creating a pond and a freshwater wetland, respectively. The site lies nearly coincident with the regional groundwater divide of the North Fork of Long Island. The 59 I I I I I I I I I I I I I I I I I I I following table provides a list of different estimates over the location of the groundwater divide in the area of the site: Direction to Distance to Reference GW Divide GW Divide Jensen, et al. (J.974) S Approx. 0 - 2,500 feet SCDHS (1988) NW to SE Approx. 0 - 1,250 feet SCWA (1989) S Approx. 0 - 2,500 feet SCDHS (J.990) NW Approx. 0 - 2,500 feet This indicates the potential for an alternating northwestern to southeastern directional component of the horizontal groundwater movement for the site. However, the regional groundwater divide is located only generally and can only be used for approximate statements. The monitoring wells at the site were monitored for groundwater levels during April, J.988 (Appendix C of the D.E.I.S.). As noted on Figure 6 of the D.E.I.S., the wells are oriented in a line roughly trending south-southeast. A graphical presentation of the groundwater elevations at the site is provided in Figure C-J. and C-2 of Appendix C of the D.E.I.S.. The cross-section along the full trend of the line (Figure C-1 of the D.E.I.S.) indicates a sharp drop in groundwater elevation in a southeastern direction from northwest to southeast. The two additional short cross-sections (i.e., Wells #J. to #4; Wells #2 to #4) (Figure C-2 of the D.E.I.S.), roughly oriented north-south and northeast-southwest, respectiveJ.y, indicate a relatively small drop in groundwater elevation in these directions. The monitoring well data, limited as it may be, indicates that the site may be slightly south of the regional groundwater divide. However, prediction of groundwater movement direction is limited because the groundwater elevation differences between 60 I I I I I I I I I I I I I I I I I I I monitoring wells was slight (i.e., within several inches) and there were only a limited number of monitoring wells providing groundwater elevation data over a very short period of time. Despite these limitations, utilizing the available regional data and the groundwater elevations at the site, a southeast directional component to the groundwater movement direction is estimated. Consequently, in order to present a worst-case scenario for the potential impacts of the proposed action upon the water quality of Laurel Lake, a southeasterly direction of groundwater underlying the Macari at Laurel site is assumed. Thus, Laurel Lake is unlikely to be downgradient for recharge stemming from the sanitary systems and fertilizer use of the proposed action. The downgradient area for groundwater under the site is more likely to be the area east of Laurel Lake. However, given the potential southeastern direction of groundwater in the immediate area of the Macari at Laurel site, the water quality of Laurel Lake is much more likely to be impacted by nitrogen sources, such as sanitary systems and applied fertilizers, from portions of the existing single-family residences located adjacent to the lake and south - southwest of the Macari at Laurel property. Dye tests could bring conclusive evidence of any seepage of sewage into Laurel Lake from the sanitary systems on these properties. 61 I I I I I I I I I I I I I I I I I I I In conclusion, there is only a remote chance for groundwater/surface water intersection from water recharging the groundwater from the Macari At Laurel development. Since the site is located nearly coincident with the regional divide, despite yearly variations, there will always be a strong eastern vector component. In addition, recharging water from the site following development are calculated to contain approximately 4.48 mg/L of nitrogen. Considering the distance from the point sources and Laurel Lake, negligible affects are anticipated from the development. 3. SUJ:TARY WASTB 1. COMMENT: IV-28. If the anticipated population is changed to be consistent with that which would be expected in 3 and 4 bedroom houses, then the figures for septic effluent should be adjusted accordingly. (1) REPLY: Of the proposed 27 single-family dwelling units, 14 units are assumed to have 3 bedrooms and the remaining 13 units would have 4 bedrooms. According to the u.s. Census (1980) the average number of persons per detached single-family housing unit was 2.56 persons/unit in the Town of Southold. Since then the average has decreased slightly to 2.51 persons/unit in 1989 and 2.49 persons/unit (LILCO, 1990). Consequently, in the projection of the population size of the completed Macari at Laurel subdivision, an average of 2.50 person/unit was utilized. 62 I I I I I I I I I I I I I I I I I I I However, the actual number of residents per dwelling unit may be higher than this average estimate. The following nitrogen budget calculations for the proposed action are based upon an estimated 4 persons/dwelling unit. An increase in the number of residents at the Macari at Laurel site is likely to result in an increase in the amount of potentially recharged nitrogen, from sources such as sanitary waste. However, estimates of quantity of sanitary effluent and number of school children are not based upon the number of persons inhabiting the dwelling units. These estimates will therefore not be affected by this increased value of 4.0 persons per dwelling unit. Nitroaen Budaet for the ProDosed Action: The proposed 27 housing units will produce a total of 8,100 qpd (27 units @ 300 qpd/unit = 8,100 qpd) of wastewater into the groundwater from the individual septic tanks (based on Suffolk County Department of Health Services, Department of Environmental Quality: Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other than Single Family Residences, 1988). Adequate sanitary system design must be developed to prevent potential groundwater contamination. Without an adequate septic design, excess nitrogen and coliform bacteria can percolate to the water table. The Macari at Laurel subdivision development proposes individual sanitary systems for each lot. The installed sanitary systems will conform with the 63 I I I I I I I I I I I I I I I I I I I requirements by the Suffolk county Department of Health Services in "Standards for Approval of Plans and Construction for Subsurface Sewaqe Disposal Systems for Sinqle-family Residences" (1986); Article 6 (1990); and Article 7 (1986). The projected population (for nitroqen budqet calculation purposes) of approximately 108 inhabitants of the Macari at Laurel development livinq in 27 units will produce an approximate 8,100 qallons of sewaqe per day. The followinq is a calculation (see specific details in Appendix E) of the nitroqen budqet from the development of the proposed action at the site: Sources of Nitroaen Resultinq N-Conc. in Groundwater 1. Precipitation (Brookhaven National Laboratory, 1989) Loadinq 2.69 mq/L; 50% or 1.35 mq/L recharqed Precipitation chemicals, includinq nitrate nitroqen were measured for the Upton weather station at Brookhaven National Laboratory by Batelle Pacific Northwest Laboratories, Richmond, Washinqton. The averaqe nitrate nitroqen content in precipitation durinq 1989 was 2.69 mq/L. Of this approximately 50% is assumed to reach the qroundwater. 2. Upland Forest/Replanted Woody (Huqhes, et al., 1981) (Huqhes, et al., 1985) 0.1 mq/L 64 I I I I I I I I I I I I I I I I I I I 3. Impervious Surfaces (L.I.R.P.B., 1982) 0.4 mg/L 4. Turf (Porter, et al., 1978) (Residential) N-loading from turf: 25 lbs/15,000 square feet (57% recharged: LIRPB, 1984) N-recharge from turf: 0.57 x 25/15,000 lbs/s.f. (LIRPB, 1984) (Residential) N-Ioading from turf: 2.3 Ibs/1,000 square feet (57% recharged: LIRPB, 1984) N-recharge from turf: 0.57 x 2.3/1,000 lbs/s.f. 5. Septic Discharge (standard sanitary system) (LIRPB, 1978) 10.0 lb/person/yr loading: 50% recharged. 6. Background nitrogen content in the proposed water supply. Specifically, the water quality of municipal water source is listed in the 1990 SCWA Annual Water Quality Statement Suffolk County Water Authoritv for Distribution Area 58 demonstrated an average Nitrate Nitrogen content of 6.45 mg/L. However, on-site monitoring wells have indicated nitrogen levels of <0.5 mg/L to 0.8 mg/L (Appendix D) . Although the following calculations are based on a worst-case scenario, such factors as low maintenance turf on the site, lower background nitrogen, as well as a lower number of year round residents will reduce this particular additive to the groundwater. Site Soecific Calculations 1. Precipitation. 1.35 mq/L is expected to recharge the groundwater at the site for this source. 65 I I I I I I I I I I I I I I I I I I I 2. Upland Forest, Old Field, Wetlands, and Replanted Indigenous Woody Vegetation. No fertilization will be applied to areas of preserved original ground cover, to the wetlands, or the replanted indigenous vegetation. Upland Forest,etc. 36.3% of site Replanted Indigenous 3.3% of site Freshwater Wetlands 0.7% of site Old Field 33.6% of site Surface Water Areas 0.3% of site Recharge Basins 3.8% of site Therefore, using weighted average calculations for the site: (0.1 mgjL) x (78.0% of the site) (0.1 mgjL) x (0.780) = 0.08 maIL 3. Impervious Surfaces. Impervious surfaces such as buildings and pavement will cover 9.3% of the site. Using weighted average calculations for the site: (0.4 mgjL) x (9.3% of the site) (0.4 mgjL) x (.093) = 0.04 maIL 4. Turf and Pets. The specific calculations are presented in Appendix E. Turf will cover approximately 8.0 acres or 12.6% of the site. Using a value of 25 pounds of nitrogen per 15,000 66 I I I I I I I I I I I I I I I I I I I square feet of turf, 580.8 pounds of nitrogen is predicted to enter the groundwater at the site. In addition, since turf will be irrigated with 10.00 inches/year (Baskin, 1977; DEIS, page IV- 43) of a local water source, the background nitrogen level (i.e., assumed to be equal to the SCWA value of 6.45 mg/L, described above) in this water source should also be added to the areas replanted with turf. Pets are assumed to contribute 0.41 lbs/person equivalent (Porter, et.al., 1978 calculated a value of 0.82 lb/person, however, it is further stated that approximately 50% of this amount would be removed naturally prior to recharging the groundwater). For the calculations of the nitrogen recharge the number of persons expected to inhabit this development is assumed to constitute approximately 4 persons per dwelling unit, i.e., 108 persons. This gives an expected nitrogen production from the associated pet population of approximately 44.28 lbs (108 x 0.41 lbs nitrogen). The nitrogen production stemming from these pets is assumed to be deposited primarily in the areas covered by turf. Converting 625.08 pounds of nitrogen (580.8 lbs from turf fertilization and 44.28 lbs from pets) to a milligram value of nitrogen to be dispersed within the liters of groundwater recharge calculated. The resulting unweighted nitrogen loading (see detailed calculations in Appendix E) from irrigation, fertilization, and pet utilization of turf areas is 19.87 mg/L. Since turf covers 12.6% of the site, the weighted average results in the following: (19.87 mgjL) x (12.6% total site) (19.87 mg/L) x (0.126) = 2.50 mg/L N-loading 67 I I I I I I I I I I I I I I I I I I I Furthermore, considering the assumption that an average of approximately 57% of the nitrogen loading within turf areas will actually be recharged to the groundwater, the following weighted average for N-recharge results: (2.50 mg/L) x (0.57) = 1.43 maIL N-recharae Thus, turf, based upon a fertilizer loading of 25 lbs/15,000 square feet (based on Porter, et.al., 1978), will contribute approximately 1.43 mg/L nitrogen to the groundwater at the site. In comparison, if the residential fertilizer application rate of 2.3 lbs/l,OOO square feet (LIRPB, 1984) is utilized, 801.5 pounds of nitrogen from fertilizer and 44.28 lbs (108 x 0.41 lbs nitrogen) from the pets are predicted to enter the groundwater at the site. In addition, since turf will be irrigated with 10.00 inches/year of a local water source, the background nitrogen level (i.e., assumed to be equal to the SCWA value of 6.45 mg/L, described above) in this water source should also be added to the areas replanted with turf. Converting 845.78 pounds of nitrogen (801.5 Ibs from turf fertilization and 44.28 lbs from pets) to a milligram value of nitrogen to be dispersed within the liters of groundwater recharge calculated. The resulting unweighted nitrogen loading (see detailed calculations in Appendix E) from irrigation, 68 I I I I I I I I I I I I I I I I I I I fertilization, and pet utilization of turf areas is 24.29 mg/L. Since turf covers 12.6% of the site, the weighted average results in the following: (24.29 mg/L) x (12.6% total site) (24.29 mg/L) x (0.126) = 3.06 mg/L N-loading Furthermore, considering the assumption that an average of approximately 57% of the nitrogen loading within turf areas will actually be recharged to the groundwater, the following weighted average for N-recharge results: (3.06 mg/L) x (0.57) = 1.74 maIL N-recharae Thus, turf, based upon a fertilizer loading of lbs/1,000 square feet, will contribute approximately 1.74 nitrogen to the groundwater at the site. 2.3 mg/L 5. Indigenous Replanted Vegetation. In addition to precipitation the areas replanted with indigenous woody shrubs (i.e., 2.1 acres or 3.3% of the site) will be irrigated with an estimated 10.00 inches of a local water source per year. In contrast to the areas replanted with turf, no fertilization is planned for the areas replanted with indigenous shrubs. Considering a weighted average for irrigation of replanted indigenous acreage on the site (i.e., 1.12 inches/yr or 69 I I I I I I I I I I I I I I I I I I I 1,967,315.80 gpy/acre X 2.1 acres; Appendix E) compared to the total water budget for the site (i.e., 29.25 inches/year or 50,503,518.58 gpy), incorporating the background nitrogen level in the local water source (i.e., 6.45 mg/L), and considering that 57% of the loading is likely to reach the groundwater, the following concentrations results: 0.12 mg/L. 6. Septic Discharge. In the calculations of nitrogen recharge from sanitary waste a multiplier of 4 person equivalents per dwelling unit is used. utilizing a separate septic system, approximately 5 (10 lbs loading, 50% recharged) pounds of nitrogen will be produced per person. In the computations below the nitrogen values for a separate sanitary system are calculated. Therefore: 108 persons x 5/365 lbs/person/day = 1.48 lbs/day Converting 1.48 pounds of nitrogen to a milligram value of nitrogen to be dispersed within the 8,100 gallons per day of septic effluent to enter the groundwater and adding the background nitrogen levels (6.45 mg/L; minus 50% removed by the standard sanitary system) for the local water source, the following concentration results: 25.11 mg/L. Since 1.71 in/yr of recharge (i.e., sanitary effluent value calculated over the entire site) has a nitrogen concentration of 25.11 mg/L, and the total recharge value for the entire site is 29.25 in/yr 70 I I I I I I I I I I I I I I I I I I I (including the sanitary component), then the actual septic discharge concentration is as follows: 1.71 in/yr / 29.25 in/yr = 5.85% total recharge Thus, the nitrogen concentration added to the groundwater at the site due to septic discharge is 1.47 mg/L (25.11 mg/L x 5.85%). The total rough estimated nitrogen concentration resulting from the proposed action is as follows: precipitation 1.35 mg/L Upland Forest etc. 0.08 mg/L Impervious Surfaces 0.04 mg/L Turf 1.43 mg/L (1. 74 mg/L) Indigenous Irrigation 0.12 mg/L septic Discharge 1.47 mg/L Total 4.48 mg/L (4.80 mg/L) The nitrogen concentration values indicated for septic discharge is probably slightly undervalued, since there will not be complete mixing of the septic effluent discharge and the remaining portion of the total groundwater recharge. On the other hand, the designated turf on the site will be a low maintenance type, requiring little or no fertilization. In 71 I I I I I I I I I I I I I I I I I I I addition, the number of pets allowed to wander loose on the site is probably also exaggerated. Furthermore, the background levels added in these calculations will be derived from an on-site, local water source, and only 50 - 57% of this will be recharged to the aquifer. Consequently, this nitrogen budget, which includes the background values, is likely to be slightly exaggerated. The final estimated nitrogen concentration value of 4.48 mgjL, or 4.80 mgjL based on LIRPB (1984) fertilization, is probably a reasonably close estimate, considering the variables associated with this project. This value lies within the median value range of actually recorded nitrogen concentration values for similar density developments (approximately 3-5 mg/L) recorded by the Suffolk County Department of Health Services (1987), and it is somewhat higher than the median nitrogen value for "Low Density Residential, Unsewered Areas" of 3.5 mg/L (interquartile range [50% data] of 4.2) reported by Eckhardt, et a1. (1989) in their recent analysis of the "Relationship between Land Use and Ground-water Quality in the Upper Glacial Aquifer in Nassau and Suffolk counties, Long Island, New York." The resulting nitrogen loading value of 4.48 mgjL (or 4.80 mgjL) is substantially less than the 10 mg/L standard (New York State Drinking Water Standard, and that level recommended by the Long Island Regional Planning Board as a maximum acceptable nitrogen level within groundwater for Long Island). In addition, the nitrogen loading value of 4.48 mg/L (or 72 I I I I I I I I I I I I I I I I I I I 4.80 mg/L) is somewhat above the range of 2 to 4 mg/L recommended by the Long rsland Regional Planning Board for the "special Ground-water Protection Area Project for the Brookhaven pilot Area" (1986), which is part of the Pine Barrens Zone and the Hydrogeologic Zone rrr. However, it lies below the 6.45 mg/L value of municipal water in the area. Thus, the proposed action will result in a nitrogen recharge value actually lower than the value of the underlying aquifer. 2. COMMENT: rV-30. What is the background level of nitrogen in the groundwater on the site now? (1) REPLY: The amount of nitrate in the groundwater directly underlying the site ranges from <0.5 mg/L to 0.8 mg/L, as determined from the recent groundwater testing of the on-site monitoring wells (Appendix D). 3. COMMENT: Page rV-31. The computations for Turf fertilizer appear to be low. The Draft ErS uses 25 Ibs./15,OOO square feet, or 1.7 Ibs./1,OOO square feet. Standard references including the 208 study and the Non-Point Source Management 73 I I I I I I I I I I I I I I I I I I I Handbook, indicate that normal turf fertilization rates are in the range of 2.0 to 2.5 lbs./1,OOO square feet. Accurate and realistic turf fertilization rates should be used in the simulation of nitrogen in recharge for the proposed project, cumulative impact evaluations and alternatives. It is acknowledged that lower rates may be achievable if a fertilizer management plan is implemented on the site. (2) RBPLY: The 25 pounds per 15,000 square feet value is derived from Porter et al. (1978) and used in the estimation of nitrogen loading from the fertilization of turf. Thus, Porter et al. (1978) in their comprehensive assessment of "Nitrates" (i.e., Chapter 5 of The Long Island Comprehensive Waste Treatment Management Plan by Long Island Regional Planning Board, 1978) cited an average household fertilizer use of 1.52 lbs N/1,OOO square feet. This corresponds to a fertilizer application of approximately 22.8 lbs N/15,OOO square feet. However, the Non-Point Source Management Handbook by the Long Island Regional Planning Board (1984) which indicates an average value of 2.3 lbs N/1,OOO square feet for residential areas. The original source of the information quoted in the Non-Point Source Handbook (Long Island Regional Planning Board, 1984) is the 1980 Cornell university study (draft version) by James Pike, S. Goldfarb, and K.S. Porter: "1980 Survey of Turf Management Practices in Nassau and Suffolk counties, L.I.". The comparisons within Table 7 of the Non-point Source Management 74 I I I I I I I I I I I I I I I I I I I Handbook (LIRPB, 1984) between land-use and average rate of nitrogen applied (lbs. Nj1,000 Sq. Ft. Yr.) were calculated as average values for a relatively large range of values (personal communication, Mr. Steven Pacenka, Water Specialist, Water Resources Institute, Cornell University, september 21, 1990, 607-255-5944). For instance, the 2.3 lbs Nj1,000 sq.ft.jyr quoted for commercial use, is the average value of measurements ranging from no fertilizer application to a large amount of fertilizer applied per year. Consequently, the amount applied depended significantly upon the owner(s) of a given property. In addition, the numbers of the Pike, Goldfarb, and Porter study reflect the conditions up to 1980. It is the impression that the amount of fertilizer application for various reasons has decreased to some degree since then (personal communication, Steven Pacenka). Following close examination of the original publication draft by Pike, Goldfarb and Porter (1980) "1980 Survey of Turf Management Practices in Nassau and Suffolk Counties, L.I. Draft for Review" and in accordance with written communication with Steven Pacenka (September 21, 1990), subsequent to his examination of the Table 7 (LIRPB, 1984), it became evident that the LIRPB Table 7 did not contain three columns but only one (1) column of its data directly attributable to the Pike, et al. (1980) publication. The said column is titled "Total Acreage in the Bi-County Area", and derived from the Table 6 "1981 Turf Area Estimates of Selected Land Uses (in acres) from 75 I I I I I I I I I I I I I I I I I I I Gruttadaurio (1981)" of the Pike, et al. (1980) publication. In addition, the information within the "Total Acreage in The Bi-County Area" column of the Table 7 of the LIRPB (1984) "Non-Point Source Management Handbook" deviates in part from the "original" information of Pike, et al. (1980) because the LIRPB (1984) publication misquoted the acreage of "Sod Farms" as "3,340", where the "original" source (Pike, et al., 1980) states "3,400". consequently, the total turfgrass areas also differ, Le., the LIRPB (1984) stated the "Total" as "207,121" whereas the "original" Pike, et al. (1980) stated its "Total Turfgrass" as "207,181" (acres). In his written communication (September 21, 1990) Steven Pacenka concludes that he hopes "that it (Table 7 of the LIRPB, 1984 Non-Point Source Management Handbook) is not being used uncritically to justify or refute large-scale decisions". In comparison, according to the USDA Soil Conservation Service publication titled "A Guide To: Conservation Plantings on Critical Erosion Areas" (1980) low-maintenance grasses such as Perennial Ryegrass are suitable for lawn areas. The actual fertilization rate for this type of grass is approximately 0.10 pounds/1,000 square feet (USDA, 1980) compared to the 25 lbs/15,000 square feet and 2.3 lbs/1,000 square feet mentioned above. 4. COKKBRT: References including Land Use and Groundwater Quality in the pine Barrens of Southampton (Hughes and Porter, 76 I I I I I I I I I I I I I I I I I I I 1983), and BURBS - A simulation of the Nitrogen Impact of Residential Development on Groundwater (Hughes and Pacenka, 1985), indicate a nitrogen in wastewater value of 10 lbs./person/day. The Draft EIS appears to utilize a lesser figure in computations contained on Page IV-34., and in alternatives and cumulative impact evaluations. Accurate and realistic nitrogen in sanitary waste values should be used in the simulation of nitrogen in recharge. (2) RBPLY: Keith Porter assisted by David Bouldin, Christine Shoemaker, Leland Baskin, Douglas Zaeh, Steven Pacenka, Daniel Fricke, Brian Anderson, Albert Hermann, Wendy King, Karen Kottlar and Cynthia McGaw wrote "Section V: Nitrates" of "Volume II: Summary Documentation" of the Long Island Comprehensive Waste Treatment Management Plan (Long Island Regional Planning Board, 1978). On Page 193 of "section 5.3.5: Discussion" these authors state the following: "...Therefore, for the purposes of this study, it was conservatively assumed that the average annual per capita nitrogen load in wastewater is ten pounds, which corresponds to an average nitrogen concentration of 82 mg/l in 40 gallons per day of raw sewage. It was further assumed, for initial calculations, that 50 percent of the nitrogen in the raw sewage will reach the groundwater." The "Cornell Study" (Le., the study by Hughes and Porter (1983) titled "Land Use and Groundwater Quality in the pine Barrens of Southampton") assumes an average annual per capita 77 I I I I I I I I I I I I I I I I I I I sewage nitrogen production of 10 pounds for residential areas (Page 8; Table 2.3: "Summary of Assumptions Relating to Each Existing Land Use Type") and that "about 50% of the nitrogen entering a normal (sewage) system, operated on Long Island, is converted to gaseous nitrogen and the remainder leaches into the soil" (Page 14). In addition, "BURBS: A Simulation of the Nitrogen Impact of Residential Development on Groundwater" by Henry B.F. Hughes and Steven pacenka (1985) uses the same data in the calculations, explained in the following way on the first page of the Appendix (Hughes and Pacenka, 1985): Parameter #15: "Fraction of wastewater N lost as gas = 0.50 fraction" and Parameter #17: "Nitrogen per person in wastewater = 10.00 lbs/yr." Consequently, these three studies all use the same assumptions as used in the calculations of nitrogen budget for the proposed action (Section IV-C-3 Sanitary Waste: DEIS). These calculations were made under the assumption that the standard nitrogen-loading value from septic discharge into groundwater on Long Island is 5 lbs/person/year (or 50% of nitrogen in waste water, i.e., 10 lbs/person/year). 5. COJDIBIIT : Our agency received an application for subdivision approval pursuant to the requirements of Article VI of the Suffolk County Sanitary Code (SCSC) in August of 1988. 78 I I I I I I I I I I I I I I I I I I I It appears that the development can conform to the unit density requirements of Article VI, which require a minimum lot yield of 20,000 square feet per lot in Hydrogeologic Zone IV. Equivalent lot yield refer to gross land area minus the area of roads, recharge basins, and other improvements which may be necessary to the development of the site. (3) REPLY: This comment is so noted. Accordingly, the following calculations demonstrate that the proposed action is in conformance with this comment. Of the total area (63.6 acres) of the Macari at Laurel site, approximately 3.8 acres will become roadway surfaces and the recharge basins will cover an area of approximately 2.4 acres. Thus, the equivalent lot yield can be calculated as 75% of the "adjusted gross land area" of 57.4 acres (i.e., 63.6 - [3.8 + 2.4] acres) divided by minimum lot yield of 20,000 square feet (SCDHS, 1988). Consequently, the equivalent lot yield for this property is approximately 93.8 lots (i.e., [0.75 x 57.4 acres x 43,560 sq.ft.jacres]j20,000 sq.ft.jlot). 6. COMMENT: It is important to point out that our agency provides for "clustered realty subdivisions...which consist of one or more relatively undersized parcels, designed in such a manner as to allow a substantial unimproved portion of the tract to stand open and uninhabited." [SCSC; Article VI, 760-601(a)] (3) 79 I I I I I I I I I I I I I I I I I I I REPLY I This comment is so noted. does in fact conform with this comment. The proposed action 7. OOKHBNT: Where clustered subdivisions are served by private water supply systems, lot sizes may be reduced to a minimum lot size of 20,000 sq. ft. and conform to the water facilities requirements of Article VI [SCSC: Article VI, 760-608(1) (e)] (3) REPLY: This is so noted. with this comment. The proposed action conforms 8. OOHKBNT: In Hydrogeologic Zone IV, clustered realty subdivisions must conform to a population density equivalent of a standard residential subdivision wherein all parcels consist of an area of at least 20,000 square feet. (3) REPLY: This is so noted. The proposed action conforms to this comment. 9. COKHBNT: The subject proposal was recently reviewed by our agency's Bureau of Wastewater Management. As a result of this review, it has been determined that well data provided to our agency in 1989 has expired, and that 3 wells will have to be resampled prior to any final determination by SCDHS pertaining to the suitability of the proposed water supply. (3) 80 I I I I I I I I I I I I I I I I I I I REPLY: Three monitor wells were sampled at the Macari at Laurel site on December 10, 1991 (Appendix D). Groundwater samples were collected at Monitor Well locations #1, #4 and #5. The groundwater samples were analyzed for content of volatile organic compounds (VOC's), bacteria and inorganics. with one exception, the parameters tested did not exceeded the guidelines (Appendix D). However, the combined Manganese and Iron contents ranged from 38.6 to 54.2 mg/L, considerably in excess of the 5 mg/L guideline. According to Ecotest Laboratories the elevated Manganese and Iron values are probably caused by slight sediment contamination in the water samples. Specifically, the Nitrate values ranged between <0.5 and 0.8 mg/L, significantly below the permitted maximum of 10.0 mg/L. In addition, the Chloride contents of 5 to 22 mg/L were significantly less than the permitted 250 mg/L. 10. COMMENT: In addition to well data, our agency is awaiting the following additional information from the applicant prior to continuing its review of this proposal. -Public water cost letter from the local water district -Test hole/test well locations and details -Neighboring well locations within 150 ft. of property lines -Wetlands determination letter from NYSDEC 81 I I I I I I I I I I I I I I I I I I I -SEQRA determination from Town -Applicable well covenants (3) REPLY' This comment is so noted. When the required documents are available they will be forwarded to the Suffolk County Department of Health as requested. The following . indicates the status of the above mentioned issues: A. Public water cost letter from the local water district: Appendix F contains communications with the Suffolk County Water Authority that owns the Captain Kidd municipal water source in order to determine the cost of installing public water at the site; B. Test hole/test well locations and details: See previous reply and further details in Appendix D. C. Neighboring well locations within 150 ft. of property lines: Ms. Claire Glew of the Assessor's Office in the Town of Southold (516-765-1937) provided the list of addresses of adjacent property owners. A letter requesting information regarding water well and sanitary system locations has been sent to each property owner (Appendix G); Very few responses were received to date (February 28, 1992). If required by the lead agency or other involved agencies, these responses will be made available upon request. D. Wetlands determination letter from NYSDEC: The NYSDEC wetland delineation determination at the Macari at 82 I I I I I I I I I I I I I I I I I I I Laurel site is included in Appendix B; E. SEQRA determination from Town: The SEQRA process has not yet been concluded. When the F.E.I.S. has been found complete and the SEQRA process is concluded the resulting SEQRA determination, together with the other documents will be forwarded to the SCDHS; F. Applicable well covenants: All current and applicable regulations and covenants will be adhered to by the proposed action. 11. COKKBNT: The applicant must comply with the requirements of the SCSC and all relevant construction standards for water supply and sewage disposal systems. Design and flow specifications, subsurface soil conditions, and complete site plan details are considered fully during the SCDHS review of the application. SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. (3) (9) REPLY: This comment is so noted. The proposed action will comply with the Suffolk County Sanitary Code. Prior to final site plan approval the Applicant will obtain all necessary permits from the Suffolk County Department of Health Services. 83 I I I I I I I I I I I I I I I I I I I " D. HtJHICIPAL SBTTING 4. TRAFFIC ", 1. COKMENT: In addition, the projected traffic volume calculations do not include projected traffic from the Miller and Jacoby development proposals, which the Planning Board required to be included in a generic environmental impact statement ("GElS") for the proposed developments in the Laurel Lake area. The use of a mid-1992 build year is not appropriate in view of the applicant's proposed five-year construction schedule. Further traffic analysis is required to reflect summer traffic conditions, the impact of the Miller and Jacoby proposals, and a 1996 or later build year. (11) REPLY: Of the several proposed projects that were included in the original G.E.I.S. analysis, very few are currently active. Consequently, the Environmental Impact Statement for Macari at Laurel subdivision was prepared solely for this project, while the impacts of other projects were included in the cumulative impact analysis. Thus, the traffic study contains an analysis of the projected traffic load for the completed Macari at Laurel subdivision. Additional data is presented in Appendix L, following discussions with the NYSDOT. The study includes a 5-year analysis. 84 I I I I I I I I I I I I I I I I I I I /' 2. COHMENT: The Traffic study indicates that the level of service on Sound Avenue and Cox Neck Road would be reduced from , B to C if all proposals addressed in the study are built. The DEIS should address alternatives which would reduce that adverse impact on traffic, including a development with lower density. (11) REPLY: The minimum amount of traffic resulting from the Macari At Laurel project will not change any Levels of Service. Where changes in Levels of Service occur, they are the result of normal ambient traffic growth or the traffic generated by other planned developments. 7. POPULATION ~. COHMENT: IV-54. Provide documentation to support the statement that the projected population multiplier is consistent with housing units containing 3 and 4 bedrooms. (1) REPLY: Of the proposed 27 single-family dwelling units, 14 units are assumed to have 3 bedrooms and the remaining 13 units would have 4 bedrooms. According to the U.S. Census (1980) the average number of persons per detached single-family housing unit was 2.56 persons/unit in the Town of southold. Since then the average has decreased slightly to 2.51 persons/unit in 1989 and 2.49 persons/unit (LILCO, 1990). Consequently, in the projection of the population size of the completed Macari at Laurel subdivision, an average of 2.50 person/unit was utilized. However, the actual number of residents per dwelling unit may be higher than this average 85 I I I I I I I I I I I I I I I I I I I estimate. The nitrogen budget calculations for the proposed action (Appendix E) are based upon an estimated 4 persons/dwelling unit. An increase in the number of residents at the Macari at Laurel site is likely to result in an increase in the amount of potentially recharged nitrogen, from sources such as sanitary waste and pets. However, estimates of quantity of sanitary effluent and number of school children are not based upon the number of persons inhabiting the dwelling units. These estimates will therefore not be affected by this increased value of 4.0 persons per dwelling unit. 8. MATTXTUCX SCHOOL DXSTRXCT NO. 9 1. COMMENT: IV-55. Provide documentation to support the multipliers used in second paragraph. (1) REPLY: A country-wide standard reference, Burchell, Listokin and Dolphin (1985), provided Regional and National Demographic Multipliers for Common Configurations of Standard Housing Types for SChOOl-Age Children by Housing Type and Number of Bedrooms (Exhibit 13 of Burchell, et al., 1985). Thus for the Northeast Region (including New England and the Middle Atlantic) the multipliers for single family dwellings with 3 or 4 bedrooms are 0.734 and 1.366, respectively. The Macari at Laurel development will construct 27 housing units, of which 14 units are assumed to have 3 bedrooms and 13 units will have 4 86 I I I I I I I I I I I I I I I I I I I bedrooms. Therefore, the following number of school-age children can be projected: 14 3-BR housing units x 0.734 school-age children per unit = 11 (rounded from 10.28) school-age children 13 4-BR housing units x 1.366 school-age children per unit = 18 (rounded from 17.76) school-age children = 29 School Age Children 9. TAXES AND FISCAL SBTTIRG 1. COMMENT: market, are reasonable? IV-56. Given the slump in the stated market values of $275,000 (1) real estate to $300,000 REPLY: It is possible that the estimated market values for the single-family residences of the Macari at Laurel proposed action are somewhat higher than the current real estate market values. 2. COMMENT: IV-58. The second paragraph refers to an analysis of revenue versus expenses which is not included in the report. (1) real REPLY: estate The tax proposed action will result in a projected revenue of approximately $93,144.07, or 87 I I I I I I I I I I I I I I I I I I I $84,943.15 more than the current revenues (i.e., $8,200.92) derived from the Macari at Laurel site. utilizing the school district tax rate of 62.5% of the total tax revenue, approximately $58,215.04 would be produced from the proposed action towards the school budget. However, the estimated 29 school children generated from the proposed action will require additional monies to educate. The estimated annual local cost to educate a SChool-age child is approximately $7,001.94 per student. Therefore, it will cost about $203,056.26. Consequently, the increased revenues from the Macari at Laurel subdivision may not meet the increases in expenses of the municipality. V. MITIGATIVE MBASURES TO MINIMIZE ADVERSE EIIVIROHMENTAL IMPACTS OP THB PROPOSBD ACTION A. PHYSICAL SBTTING 1. TOPOGRAPHY 1. COMMBNT: Page V-5 indicates that, "... in order to limit much of the potential regrading, the housing units will be located within the most level portions of the site (old field)." As previously indicated, limiting potential grading on Lot 18 is difficult due to 10 to 15 percent slopes within the building envelop. (2) 88 I I I I I I I I I I I I I I I I I I I RBPLY: Figure 3 represents a typical layout of Lot 18, indicating the possible location of the dwelling unit and associated driveway within the more gentle portions of the area. 2. COIOlBllT I Due to the unavoidable effect of siltation from the proposed regrading activities, the DEIS should include a specific soil erosion and sediment control plan which contains a detailed discussion of mitigative measures which would prevent erosion and protect Laurel Lake and the wetlands from siltation during the proposed 5-year period of construction. (11) RBPLY: If required by the Town of Southold a detailed erosion-control plan will be submitted prior to final site plan approval. In general, the erosion-control measures employed during the construction of the Macari at Laurel subdivision will include: 1. Immediate hydroseeding or mulching (e.g., with moist straw) and potentially subsequent covering with filter fabric of stockpiled topsoil and selected other exposed soil surfaces~ 2. Emplacement where necessary of two rows of securely staked straw bale dikes, silt screens, filter fabric attached to a wire fence, filter fabric on straw bales, as well as gravel and earth berms within sensitive portions of the site, such as around peripheral portions of the regraded areas, including entrances and exits, as well as along the perimeter of all sensitive areas (e.g., freshwater wetlands/ponds, areas of steep slopes, proposed drywells, recharge and catch basin locations). In order to minimize the exposure of sensitive areas to erosion by wind and rain, these preventive measures should be taken as early as possible, either before or immediately after the necessary regrading activities have taken place~ 3. Periodic maintenance, including the sediment from these erosional control their continued efficiency~ removal of any trapped measures, will ensure 89 I I I I I I I I I I I I I I I I I I I 4. Replanting with indigenous shrubs, low-maintenance turf, and mulching with coarse bark or other stable materials will provide long-term stabilization of regraded areas, following completion of the construction phase of the proposed action. Where necessary, freshly cut, anchored sod can be used to cover exposed areas in lieu of seeding areas reserved for lawns: 5. strategic location of areas proposed to be regraded will minimize the potential for erosion: 6. Timing of actual regrading will be planned carefully: and 7. Small areas will be exposed to regrading at any given time, thereby limiting the period that a regraded surface is exposed to erosional forces. B. BJ:OLOGJ:CAL SBTTJ:Il'G 1. PLORA 1. COMMBIl"l' : The discussion regarding the lack of potential for the rare plant species Cut-leaved Evening Primrose (Oenothera laciniata) and Dwarf Plantain (Plantaao Dusilla) contained on Pages V-IS and V-19, appears to be unsupported due to the documented fact that these species prefer dry fields and clearings with sandy soils as indicated in the Draft EIS. The Draft EIS should indicate what efforts were made to identify the presence or absence of these species on the site. (2) REPLY: Although the two species, cut-leaved Evening- Primrose (Oenothera laciniata) (U) and Dwarf Plantain (Plantaao Dusilla) (U), prefer dry fields and open areas, these species were last observed in the vicinity of the site in 1924-1925. At 90 I I I I I I I I I I I I I I I I I I I the Macari at Laurel site potential habitats for these two species does theoretically exist within the old field areas. However, these areas of the site have been exposed to extensive prior agricultural utilization with extensive, continuous regradation, since the last sighting in the general area of the two species in question. As described within the cultural resource inventory report for the site (Appendix B of the D.E.I.S.), regradation included clearing of fields, removal of tree stumps with dynamite, and cultivation until after 1967. Consequently, the old field areas have been exposed to significant regrading activities in the form of active farming since the early 1920's, when the two rare species, mentioned above, were reported from the region. It is therefore possible that previous long term activities within the present open field areas of the site eliminated the potential presence of these species at the site. In addition, neither of the two species have been noted at the site during the on-site field visits by professional botanists. 2. COMMENT: The document indicates that the proposed action will incorporate the use of indigenous woody species for replanting within a "strategic replanting schedule". We support the use of native plantings, and request that additional information describing proposed landscaping species and their replanting schedule be incorporated in the document. (3) 91 I I I I I I I I I I I I I I I I I I I RBPLY: The replanting of indigenous shrubs will utilize to the maximum extent possible specimens removed from the site during the various stages of the regrading process. These specimens will be replanted as quickly as possible. Prior to the onset of the regrading process seeds from the vegetative species at the Macari at Laurel site can be collected, for later use during the replanting process. In addition, some of the species observed at the site are available from commercial sources (Blumer, 1990), as described in further detail under Section II: DESCRIPTION OF THE PROPOSED ACTION. 3. COKKBRT: The DEIS should include more stringent measures to minimize the impact of the Project on existing vegetation and wildlife, as by restricting clearing on the lots, further minimizing lawn areas, and preserving avian habitats and wildlife corridors. (11) RBPLY: The proposed action will leave a significant portion of the original vegetation within each lot untouched, thereby minimizing impacts upon existing flora and fauna; low-maintenance turf will be used, thus minimizing the need for fertilizer use; and the clustered layout of the proposed action will ensure that within the site, areas of preserved original vegetation will be situated in large islands, interconnected by corridors of preserved vegetation. The only discontinuities of these connecting corridors appear where these are intersected by 92 I I I I I I I I I I I I I I I I I I- I the proposed roadway system (Plate 1 of the D.E.I.S.). Furthermore, the preserved oriqinal veqetation within each lot will be situated adjacent to these islands and corridors of open space, thereby optimizinq the amount of contiquous open space. A potential, additional mitiqative measure could possibly be to require that no fences be erected alonq the individual lot boundaries, adjacent to the desiqnated open space areas of the Macari at Laurel subdivision. In particular, the Modified Cluster Alternative (Plate 3) will preserve 79.7% of the site's oriqinal veqetative habitat. This mitigation can be achieved by site covenants includinq rear yard buffers, lawn area percentage (ie., 6.9% site), landscaping with indiqenous species, etc. PRESBWATBR 1fBTLUlDS 1. COHKBNT: paqe V-19 to V-21. Siqnificant discussion is provided regarding the use of soil stabilization techniques to minimize potential impact to the freshwater wetlands from adjacent development areas. These mitiqation measures cause effort to be expended in implementation, enforcement and monitoring in order to approach some success of mitigation. Avoidance of steep slope areas in proximity to wetlands is recommended as mitigation as previously indicated. (2) REPLY: As stated above a detailed erosion-control plan could be submitted to the Town of Southold prior to final site plan approval. In qeneral, the erosion-control measures will include immediate hydroseedinq or mulchinq (e.g., with moist straw), selective coverinq with filter fabric, strategic emplacement of rows of securely staked straw bale dikes, silt 93 I I I I I I I I I I I I I I I I I I I screens, filter fabric attached to a wire fence, filter fabric on straw bales, as well as gravel and earth berms within sensitive portions of the site. These erosion control measures will especially be employed along the perimeter of all sensitive areas (e.g., freshwater wetlands/ponds and areas of steep slopes) . These measures will require periodic maintenance, including the removal of any trapped sediment. Replanting with indigenous shrubs, low-maintenance turf or freshly cut, anchored sod, and mulching with coarse bark or other stable materials will provide long-term stabilization of regraded areas. Timing of actual regrading will be planned carefully, and small areas will be exposed to regrading at any given time. Within the individual lots, the clearing envelope will be situated as far away from any sensitive areas, e.g., steep slopes and freshwater wetlands, as possible. 2. COIIMBR'l' : V-29. The responses to Recommendations 8, 9, 10, and 11 do not address the recommendations. (1) REPLY: The D.E.I.S. text, Page V-29 has been changed to the following: * Recommendation 8: Retain vegetational diversity to the extent feasible, because many studies have demonstrated a direct relationship between vegetational diversity and avian diversity. It is not necessary to maintain high diversity in each separate management unit as long as there is diversity among different units. Grazing reduces diversity by removing or greatly reducing one or more of the important components of the forest vegetation; 94 I I I I I I I I I I I I I I I I I I I Vegetational diversity will be ensured within the areas of preserved original vegetation of the site by leaving these presently diverse areas undisturbed by human trespassing. Grazing by domesticated animals within these areas will not be permitted. If required by the Town of Southold, the old field areas could be exposed to periodic plowing to prevent these areas from reverting to upland forest by natural succession. * Recommendation 9: Pending conclusion of more definitive studies on minimum habitat area requirements of various avian species, think in terms of 2,500 contiguous acres of forest canopy as a desirable goal to preserve most or all of the avian species pool; The relatively limited extent of the Macari at Laurel site, i.e., 63.6 acres total area, prevents within the boundaries of this site the preservation of larger areas as described within Recommendation 9. However, strategically planned public acquisition by, e.g., Suffolk County or Town of Southold, could preserve larger parcels within the region. These parcels could be interconnected by the corridors of preserved original vegetation on developed and undeveloped properties, located between the larger publicly acquired parcels. Thus, careful planning by local agencies such as the Town of Southold and Suffolk County is necessary in order to ensure the preservation of larger areas of open space. * Recommendation 10: In smaller tracts (down to 5 acres or less) it is beneficial to maintain the maximum contiguous woodland with the least amount of edge; 95 I I I I I I I I I I I I I I I I I I I By utilizing a clustered layout, the proposed action will preserve relatively large "islands" of open space. These islands will be interconnected by natural corridors, only interrupted in four locations by the proposed interdevelopmental roadway system. In addition, within individual lots a significant amount of original vegetation will be preserved by the limited extent of the planned clearing envelopes. The areas of original vegetation preserved within individual lots are located adjacent to the larger islands of open space, thereby optimizing the amount of contiguous original vegetation, preserved with the construction of the proposed action. * Recommendation 11: Management units that approach a square are much more effective in preserving forest-interior birds than are long, narrow ones - especially when managed tracts are small. The portions of a forest that are most beneficial to neotropical migrants are several hundred meters or more away from the forest edge; The planned open space at the Macari at Laurel site will maximize the individual areas while still providing connecting corridors between them wherever possible. Thus, the preserved open space areas, although not square in shape, optimizes the preservation of environmentally sensitive portions of the site, such as freshwater wetlands, surface water areas, and areas of steep slopes. In addition, significant areas of original upland forest will be preserved together with areas of old field vegetation, thereby ensuring the continued diversity of habitats at the site. 96 I I I I I I I I I I I I I I I I I I I 3. COJDIBII'1' : V-30. The responses to Recommendations 13 and 14 do not address the recommendations. (1) RBPLY: The D.E.I.S. text of Page V-30 has been changed to the following: * Recommendation 13: In any management plan consider the disruptive effects of other projects such as existing or proposed super highways, impoundments, transmission line corridors, or sewer lines. Check with appropriate agencies on the timing of new construction, to avoid inadvertent loss of a critical area at the wrong time; Any construction activity at the site for the proposed action will be carefully planned to minimize the disturbance to existing wildlife. Thus, construction during prime breeding time (e.g., May-June) could be avoided. In addition, on a larger scale, strategic planning by involved agencies is necessary in order to coordinate the scheduling of separate projects, in order to minimize the damage to existing wildlife in the area. * Recommendation 14: with reference to recommendation 13, provide mitigation planting as far in advance of the impending disturbance as possible; Any construction activity at the site for the proposed action will be carefully planned to minimize the disturbance to existing wildlife. Thus, the replanting of indigenous shrubs will follow as closely as possible any regrading activities. In addition, the likely development schedule of the site involves 97 I I I I I I I I I I I I I I I I I I I the construction of a model home, and subsequent construction of dwellings in response to demand. Consequently, the site will be regraded in steps. It is not likely to be possible to provide replanting in advance, since the areas have to be cleared before replanting can occur, and the proposed action does not intend to alter any of the existing habitats, such as the old field vegetation, by replanting with (e.g.) upland forested specimens. 4. COMKEHT: Page V-23 to V-31. The fifteen (15) recommendations excerpted from Robbins, 1979 are valuable tools toward retaining habitat viability. It is suggested that Lot 18 be relocated in order to include the area in the contiguous open space as a means of better conforming to these recommendations. This has the benefit of increasing the buffer from the eastern wetlands feature, reducing impact to steep slope areas, providing additional old field and forest habitat (with associated ecotones), and providing a wider linkage through the LILCO easement to open space lands to the south. (2) REPLY: This comment is so noted but it is felt that strategic placement of the house slated for Lot 18 can minimize adverse environmental impacts due to the sensitivity of the lot itself (Figure 3). 98 I I I I I I I I I I I I I I I I I I I 2. FAun 1. COMMENT: The DEIS does not, but should, include the results of a recent on-site field survey and specify the date of that survey. In this regard, the DEIS fails to adequately address the impact of the Project on the wildlife which occupy the wetlands surrounding Laurel Lake. These wetlands are directly connected to the on-site pond adjacent to Laurel Lake. For example, the great blue heron has been observed in the Laurel Lake wetlands, but does not appear to be mentioned in the DEIS. (11) REPLY: The D.E.I.S. includes the results of on-site floral/faunal field surveys. with respect to the wildlife occupying the freshwater wetlands surrounding Laurel Lake, the proposed action will preserve all on-site freshwater wetlands and associated surface water areas, as well as required buffer zones around these. In addition, the proposed areas of preserved open space are especially concentrated within the southern portion of the site. Thus, no construction or regrading will occur within the most sensitive areas near Laurel Lake (Plate 1 of the D.E.I.S.). In conclusion, the D.E.I.S. describes observed and potential wildlife at the site for the proposed action. Although not observed at the Macari at Laurel site, it is possible that the Great Blue Heron (Ardea herodias), occasionally utilizes the site, such as for roosting purposes. 99 I I I I I I I I I I I I I I I I I I I C. HYDROLOGIC SBTTIII'G 1. DRAIDGB 1. COKMBII'T: We support the proposed action's incorporation of recharge areas which are designed to minimize site excavation and structural modification. We would recommend, however, that design details including landscaping and erosion measures (thrust blocks, headwall details, etc.) be provided for review. (3) REPLY: Prior to final site plan approval specific plans concerning the construction of the proposed recharge basins will be submitted, if required by the Town of Southold. However, in the nearby Town of Brookhaven specific recommendations for the replanting of recharge areas exist (Appendix H). It is possible that some or all of this information could be applied to the construction and replanting of recharge basins at the Macari at Laurel site, if acceptable to the Town of Southold Board of Trustees. 2. COKMBII'T: While we commend the applicant for leaving a 100' buffer between development and wetlands we would like to know if the drainage pattern of the wetlands at the site will be disturbed with the proposed development. We have not found this answer in the DEIS. Since the wetlands contain endangered plant species, we would like to see if there is any possibility of further protecting by shifting development as far away as 100 I I I I I I I I I I I I I I I I I I I possible from them. We believe a tighter cluster away from these areas would achieve this. We also would like to take the applicant up on his offer to construct leaching pools for each catch basin in order to prevent any potential overland flow encroachment into the freshwater wetlands. (5) RBPLY: The proposed action is a relative tight cluster, placing the proposed dwelling units at an optimal distance from the freshwater wetlands areas of the site. Although the boundaries of some of the lots are located within 100 feet of the freshwater wetlands, the planned individual clearing envelopes will be minimized thereby ensuring the optimal preservation of original vegetation within each lot. Due to the extremely varied topography at the site for the proposed action, the general contributing drainage areas to the freshwater wetlands areas include major portions of the site (Figure 4). However, construction of the 27 single-family dwelling units is planned generally within the more level portions of the site. In addition, an extensive system of dry wells, catch basins and two (2) recharge basins will be utilized on the site in order to collect nearly 100% of the precipitation for the site allowing for point recharge to the groundwater (Plate 1). In addition, near the freshwater wetlands areas of the site individual leaching pools for each catch basin could be constructed, in order to prevent any potential overland flow encroachment into the freshwater wetlands. 101 I I I I I I I I I I I I I I I I I I I FIGURE 4 CONTRIBUTING DRAINAGE AREAS I I Ii:: ~ It E~ ; Q_ ." "'. it ~f ;!!ij I..,il i'::t IlIli' ~e~ ~~~ iil,l -iel ~~~ :1111, " I ~ ~.. . ~,r~t.i~~ ~"'> \ ,. \ I 102 III 't:I '> i5 III ell CI .E CI .. o ., ~, ~., , ~. ! ~ 1t .; u. o o .... o I I I I I I I I I I I I I I I I I I I 2. GROmmnTBR 1. COMKBNT: Discharge from septic systems in a core watershed area is also a concern. The section on the DElS describing the impacts associated with effluent discharge seems to indicate there will be impacts that could not be mitigated appropriately. Therefore we would suggest that a groundwater monitoring program to provide early indication of water quality problems should be incorporated into the plan. (5) REPLY: The proposed action will result in an overall nitrogen recharge value of approximately 4.48 - 4.80 mg/L. This nitrogen concentration will likely reach the underlying aquifer, which presently has a nitrogen content of from <0.5 to 0.8 mg/L (Appendix D) . However, the sanitary waste produced from the occupied 27 single-family dwelling units is a point source and septic discharge from this source may not initially mix completely with waters recharged from other areas of the site. Thus, the individual sanitary systems will be located as far away from the freshwater wetlands areas as possible, minimizing any potential adverse impacts. Prior to final site plan approval, the location and possible installation of any water quality monitoring wells required by the Town of Southold could be decided upon. 103 I I I I I I I I I I I I I I I I I I I 2. COMMENT: In general, the Authority has no objection to residential subdivisions on two acre (R-SO) parcels. However, the cluster proposal shown on Plate 1, which would allow for 27 units on 40,000 sq. ft. (min.) lots and maintain approximately 33.1 acres of open space, appears to be a better opportunity for both the Authority and the Town. The Town will gain by the permanent dedication of open space and the Authority would like to be deeded a parcel large enough for the future construction of a well field. An appropriate parcel for the Authority, based on land surface elevations and the required sanitary protection radius, would require the relocation of the drainage area out of the open space in the northwest corner of the property (See enclosed copy of portion of Plate 1). (6) REPLY: Conversation with Mr. Dassler (SCWAi 516-563-0317) resulted in information on the requirements for a well field on a site: There must be a setback of at least 200 feet from the nearest sanitary discharge system. The SCWA usually requires at least 4 acres of contiguous dedicated land for a well field and this area should be an elevated, or "up gradient" area so that overland flow and groundwater flow would not intersect the field wells. The Macari At Laurel site displays relatively higher elevations within various peripheral areas such as within its northwest corner. Although abundant land can be left untouched, the most sensitive areas (ie., wetlands and kettles with moderate 104 I I I I I I I I I I I I I I I I I I I to locally steep slopes) run through the central portion of the site and thus, housing must be positioned outside of these areas in the more favorable localities for a well field (Plate 3). It would be most difficult to provide a 4 acre locality that meets the needs of a SCWA well field, as defined above. 3. COMHENT: The DEIS also does not appear to analyze the cumulative effect of nitrogen levels caused by the Project and projected ambient nitrogen levels in the groundwater in the build year for the Project. The DEIS also fails to adequately address mitigation of the impacts of nitrogen from lawn fertilizers and chloride from road salt on the groundwater, private residential wells, wetlands and Laurel Lake. Eutrophication of the Lake as a result of nutrient loading also should be analyzed. Measures to mitigate the adverse impact of fertilizers, such as restrictions on the amount of lawn areas and the prohibition of the use of fertilizers should be discussed. The DEIS also should address mitigative measures and alternatives to road salt, such as limitations on the use of salt, and/or the use of sand and gravel. (11) REPLY: As described above within section IV-C-3: SANITARY WASTE, the proposed action will result in a nitrogen budget of approximately 4.48 mg/L (based on a turf fertilization rate of 25 lbs/15,OOO square feet) or 4.80 mg/L (based on a turf 105 I I I I I I I I I I I I I I I I I I I fertilization rate of 2.3 Ibs/1,000 square feet). These calculations incorporate the background nitrogen content of the potential water source, which was assumed to have the same nitrogen content, i.e., 6.45 mg/L, as the nearby municipal water source from SCWA Distribution Area 58 (Captain Kidd). In addition, of the approximately 1.43 mg/L (or 1.74 mg/L) indicated from turf area, approximately 1.30 mg/L (or 1.62 mg/L) is derived from the fertilization of lawns. Although utilizing full fertilization values within these nitrogen budget calculations, the proposed action plans to use low-maintenance turf, requiring a minimum of fertilization. Finally, if required by the Town of Southold, a possible additional mitigative measure could be to restrict the use of on-site lawn fertilizers. In addition, no road salt will be stored at the site, and the use of road salt during winter months could be lowered by the use of sand/salt mixtures, or avoided completely by the use of sand only for deicing purposes. 3 . SAlUTARY WASTE 1. COMMENT: V-47. Documentation to support the first two sentences on this page is not provided. (1) REPLY: The proposed action will result in a nitrogen budget of 4.48 mg/L (4.80 mg/L), as described above within Section IV-C-3: SANITARY WASTE. These values are lower than the 106 I I I I I I I I I I I I I I I I I I I background nitrogen content of the potential water source, which was assumed to have the same nitrogen content, i.e., 6.45 mgjL, as the nearby municipal water source from SCWA Distribution Area 58 (Captain Kidd). Consequently, potential contamination to the groundwater and nearby surface water of Laurel Lake is probably relatively minor. The nitrogen recharge values of 4.48 - 4.80 mgjL are well within the limits of the 10 mgjL NYS drinking water standard. D. MUNICIPAL SBTTING 1. POTABLE WATBR SUPPLY 1. COKKBNT: Page V-50 indicates that water quality within the area is within "acceptable ranges", however, page 1II-61 indicates that certain pesticides exceed allowable limits. This should be clarified. The fact that total nitrogen in groundwater is 10 mgjl and aldicarbs and carbofuran exceed the limit indicates that water treatment will almost certainly be required. Treatment techniques are outlined in the Draft EIS; however, the Final EIS should outline the approval process for water source of the Suffolk County Department of Health Services under Article 4 of the Sanitary Code. (2) REPLY: As stated in section III-C-2: Water Quality of the D.E.I.S. Hydrogeologic Zone IV, in which the Macari at Laurel 107 I I I I I I I I I I I I I I I I I I I site is situated, locally has marginal water quality, mainly in areas underlying farms. Agricultural fertilizers are a major source of nitrates to the groundwater in the North Fork (Long Island Regional Planning Board, 1978). Approximately 600 ft. south of the site lies Laurel Lake a 30 acre body of surface water and associated wetlands (i.e., NYSDEC Freshwater Wetlands Area M-2; Appendix B-2). Because of its low nitrate levels it is considered a potential drinking water source and has been deemed a Class "A" lake (SCDHS, 1987). Specifically, Class "A" waters are described in Part 701: "Classifications and Standards of Quality and Purity" of the NYSDEC Water Quality Regulations (NYSCRR, Title 6, Chapter X, Parts 700-705, 1986) as follows: "Class "A" surface waters are a source of water supply for drinking, culinary or food processing purposes and any other usages. The waters, if subjected to approved treatment equal to coagulation, sedimentation, filtration and disinfection, with additional treatment if necessary to reduce naturally present impurities, will meet New York State Department of Health drinking water standards and will be considered safe and satisfactory for drinking water purposes." Specifically, the classification of fresh surface waters does not include any information regarding the content of nitrate, but is based upon such items as coliform bacteria, pH, Total Dissolved Solids, and Dissolved Oxygen. Together with nitrate certain agricultural pesticides have become a major source of groundwater contamination on the North Fork of Long Island (SCDHS; Baier and RObbins, 1982). The 108 I I I I I I I I I I I I I I I I I I I carbamate pesticides, aldicarb and carbofuran, have created the greatest problem and have been detected in 30 percent of the private wells tested in the farming areas. In the Town of Southold approximately 16% of the private wells have shown concentrations greater than the NYSDOH 7 ppb aldicarb guideline and 6% of the wells tested displayed levels exceeding the 15 ppb carbofuran guideline (SCDHS, 1987). Municipal water or sewage facilities do not exist in the immediate vicinity of the site. The existing homes adjacent to Laurel Lake, south of the site, rely on private wells for drinking water. Water quality information from private wells in the area is not public information and therefore, is not readily available for this report. While SCDHS or USGS observation wells or other municipal water supply wells do not exist in the immediate location of the site, one well exists approximately 1,500 feet north of the site (U.S. Geol. Survey, 1986). This well, #S 53333, (Figure 1) is completed at 74 feet within the Upper Glacial Aquifer and gives an indication of the quality of groundwater in the region (Table 1 of the D.E.I.S.). Well #S 53333 was sampled 34 times from 10-31-74 to 06-10-87 (personal communication, u.S.G.s., Syosset, Beth McNew). Results of water analyses are as follows: Parameter Date Value Total Nitrate 10-22-75 05-03-76 02-01-77 05-03-78 4.5 mg/L 3.2 mg/L 4.4 mg/L 7.1 mg/L 109 I I I I I I I I I I I I I I I I I I I 09-06-79 09-06-79 02-27-80 01-24-81 02-18-81 06-30-81 02-01-82 05-25-82 08-19-82 02-25-83 09-07-83 03-21-84 07-16-85 06-17-86 12-10-86 03-18-87 06-10-87 3.1 mq/L 3.4 mq/L 2 . 7 mq/L 2.0 mq/L 1. 8 mq/L 1. 5 mq/L 1. 4 mq/L 0.8 mq/L 1. 3 mq/L 0.9 mq/L 1. 3 mq/L 1. 7 mq/L 10.0 mq/L <0.05 mq/L O. 12 mq/L 0.09 mq/L 0.38 mg/L Consequently, although the total nitrogen nitrate level exceeded the maximum permitted level of 6.0 mg/L allowable for private water supplies, according to Article 4 Suffolk County Sanitary Code (SCDHS, 1990) the average value is significantly lower (i.e., approximately 2.464 mg/L) and lies within the acceptable range. For further details regarding the requirements for private water supply see below. For well #S 53333 the carbamate pesticides, Aldicarb (including breakdown by-prOducts) and Carbofuran, are found in Table 2 of the D.E.I.S. Accordinq to the SCDHS (1982), limits of Aldicarb (Total) and Carbofuran in drinking water should not 53333 gave the following results: exceed 7 ppb and 15 ppb, respectively. Analyses from well #S Parameter ~ Total Aldicarb 08-19-82 02-25-83 09-07-83 07-16-85 110 Value <1.0 ppb <1. 0 ppb <1. 0 ppb <1.0 ppb I I I I I I I I I I I I I I I I I I I Carbofuran 08-19-82 02-25-83 09-07-83 07-16-85 <1.00 1.00 2.00 27.0 ppb ppb ppb ppb Consequently, the total aldicarb level did not exceed the maximum permitted level, carbofuran apparently did exceed the limits once~ however, this value was so significantly above any other values, it is open for question, pending more recent laboratory results. Values measured in Well #5 53333 water quality samples, regarding chlorides and combined iron and manganese, were as follows: Parameter ~ 10-31-74 10-22-75 10-22-75 05-03-76 02-01-77 05-03-78 09-06-79 09-06-79 02-27-80 01-24-81 01-29-81 02-18-81 06-30-81 02-01-82 05-25-82 08-19-82 02-25-83 09-07-83 03-21-84 07-16-85 06-17-86 07-29-86 12-10-86 03-18-87 06-10-87 Value Chlorides (diss.) 20 23 10 13 20 7 11 12 11 12 12 9.8 9.4 6.6 7.5 9.0 9.0 10 8.0 34 24 36 23 25 26 111 mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L I I I I I I I I I I I I I I I I I I I Parameter ~ Value Combined Iron 10-22-75 330 ug/L & Manganese 10-22-75 330 ug/L 05-03-76 220 ug/L 02-01-77 320 ug/L 09-06-79 <260 ug/L 02-27-80 <130 ug/L 07-29-86 600 ug/L Consequently, the water sampled from Well #S 53333 well below the allowable standard of 100 mg/L of chlorides 1.0 mg/L of combined iron and manganese, respectively, private well systems (SCDHS, 1990). Furthermore, the results of water quality analyses of the site indicate a shallow groundwater quality for nitrogen at a range of <0.5-0.8 mg/L (Appendix D). However, local SCWA municipal water supply, i.e., Distribution Area 58 (Captain Kidd) (SCWA, 1990), are presented within Figure 5. According to these analyses the average nitrate level of the local municipal water source is 6.45 mg/Li the average chloride level is 26.3 mg/Li and the average combined iron and manganese level is 0.04 mg/L. The Suffolk County Department of Health Services Article 4: "Water Supply" of the Sanitary Code (1983) and the Suffolk County Department of Health Services Division of Environmental Quality (1990) "Standards and Procedures for Private Water Systems" describe the approval process for private water sources. The procedure includes the following steps: lies and for 112 I I I I I I I I I I I I I I I I I I I FIGURE 5 WATER QUALITY OF MUNICIPAL WATER SOURCE Distribution Area 58 Maltituck (Capt. Kidd) Range of Readings No. High Low Avg. Tests NO NO NO 2 NO NO NO 2 6.9 6.7 6.8 2 0.03 0.03 0.03 2 0.01 NO 0.01 2 30.2 22.4 26.3 2 129. 80. 105. 2 37. 29. 33. 2 11.0 9.0 10.0 2 NO NO. NO 2 6.55 6.34 6.45 2 NO NO NO 2 22.2 14.8 18.5 2 356. 245. 301. 2 215. 164. 190. 2 NO NO NO 2 NO NO NO 2 NO NO NO 2 NO NO NO 2 NO NO NO 2 NO NO NO 2 - NO NO NO 2 NO NO NO 2 NO NO NO 2 10.2 10.0 10.1 2 NO NO NO 2 NO NO NO 2 0.6 NO NO 2 0.7 NO NO 2 NO NO NO 2 NO NO NO 2 NO NO NO 2 NO NO NO 2 NO NO NO 2 NO NO NO 2 (SCWA, 1990) 113 I I I I I I I I I I I I I I I I I I I (1). Initial Submissions: The Applicant must follow relevant SCDHS procedures. The site plans must indicate the location of all cesspools, septic tanks, washinq machine drywells, sewer lines, storm drains, catch basins, drainaqe ditches, sumps, and recharge basins within 150 feet of the Applicant's property line; (2). Access to Public Water: Evidence must be submitted that no public water supply is available, i.e., that a municipal source either does not have the capacity or a water main is not located within 150 feet of the Applicant's property line for a sinqle-family residential parcel, and within a distance of 250 feet of a multi-residential parcel; (3). Approval to Construct: No construction will occur without permission from the SCDHS. The SCDHS will review the proposed well locations, may also require water quality testinq on lots located in water sensitive areas; SCDHS approval to construct can be submitted to the municipal buildinq department as part of the application for buildinq permit; (4). Test Wells: Test wells are required by the SCDHS for realty subdivisions and developments (minimum of 2 wells plus 1 additional well per 10 acres or 10 subdivision lots). A test well may be required for individual buildinq sites located near the shoreline or in other areas that the SCDRS determines that the quantity or quality of available water may be questionable. The Department must approve (and may specify) the location and depth of a test well or wells. Test wells should be constructed in accordance with SCDHS standards if their eventual use for potable water supply is anticipated. Subdivision test wells must meet the followinq criteria in order to allow the use of private wells: (a) Minimum well depth is 50 feet; screens may be installed at 40 feet; (b) All orqanic and inorqanic chemicals for the test welles) must comply with the New York State Part 5 Maximum contaminant Levels and/or quidelines with the exception of: Nitrates (maximum 6.0 mq/L); Chlorides (maximum 100 mq/L); and COmbined Iron and Manqanese (maximum 1.0 mq/L) ; 114 I I I I I I I I I I I I I I I I I I I (c) If depth and quality in the test wells complies with the SCDHS's criteria approval of the use of private wells will be granted~ (d) If the water quality does not meet the SCDHS standards the use of private wells will not be approved. However, the Applicant may propose: (1) Extending public water to the site~ (2) Construct an acceptable on-site community water system. An alternate option is to install a test well on each lot of the subdivision or development to determine if acceptable water is available. Approval of the subdivision is contingent upon the water quality results of the individual lot test wells. If unacceptable water quality is found at any individual lot, that lot(s) will not be approved as a building lot and shall be so noted on the subdivision map. Unsatisfactory water quality test results for both subdivision test wells and individual lot test wells will be deemed as having demonstrated that the aquifer segment is contaminated and unsuitable as a drinking water source. Deepening of the well will only be allowed if the Applicant can provide satisfactory evidence to the SCDHS that an acceptable deeper aquifer exists. It is the responsibility of the Applicant to determine the most suitable location and depth for development of a water supply. Test wells are to be installed in strict conformance with SCDHS requirements. At or before the time of sampling the well driller shall provide the Department with a signed certification containing well log data, e.g., depth of well, groundwater elevation, and other pertinent data required by the SCDHS. The Applicant must contact the SCDHS to arrange a sampling time once the test welles) have been installed. A SCDHS representative will be present during sampling and water quality analyses will be performed by the SCDHS. If water quantity or quality are found inadequate, subdivisions will be required to provide public water, while water treatment for individual lots and developments (minor subdivisions consisting of 2,3, or 4 contiguous parcels) will be considered by the SCDHS on a case-by-case basis. An approval to construct will be granted only after the SCDHS has approved the proposed treatment system. (5). Water System Construction: Construction and disinfection of the entire water supply system must be performed in conformance with the SCDHS's standards. 115 I I I I I I I I I I I I I I I I I I I (6). Inspection: The Applicant must notify the SCDRS after installation of the well and well lateral, prior to the backfilling. (7). Water Quality Analysis: All private water system wells must be sampled prior to issuance of a final approval. (8). Unacceptable Water Quality: In cases Applicant new well. where unacceptable water quality may be required to deepen the well, is recorded the or to install a (9). Water Treatment: In cases where the SCDHS has determined that water treatment is necessary, equipment must be installed in accordance with the SCDHS's standards. Installation of water treatment unit may be done only after approval by the SCDHS. (10). Covenants: An individual lot, development or subdivision approved private wells is required to have a covenant filed with County Clerk satisfactory to the SCDHS upon all parcels, described further within these procedures. with the as If the SCDHS determines that a water treatment system (other than a polyphosphate feeder only) is needed, then the Applicant must also file an additional covenant requirement with the County Clerk. (11). Certification: The Applicant must provide the SCDHS a copy of the Long Island Well Completion Report submitted to the New York State Department of Environmental Conservation. (12). Final Approval: Final approval will be issued upon receipt and approval of all required documentation. Final approval will be indicated on copies of the final site plans, which may then be submitted to the municipal building department as part of the application for a certificate of occupancy. (13). Variances: The Suffolk County Commissioner of Health Services may grant a variance from a specific provision of these regulations in a 116 I I I I I I I I I I I I I I I I I I I particular case. The Commissioner may impose more stringent requirements in a particular case, when necessary, to insure a satisfactory water supply. Consistent with Article 4, a test well (ie., community development field) or wells (ie., individual) must be completed to at least 50 feet and tested according to stringent collection and testing procedures. This type of testing has not been done of the site. In addition, it was felt that some soil contamination may have produced the elevated iron and manganese levels (Appendix D). These procedures would be followed prior to the determination of a potable water source for the development. 3. ZONJ:NG, LAND USE, AND PLANNJ:NG AND OPEN SPACE 1. COMMENT: V-56. The last sentence on this page does not take into account fact that Town Code requires permits for construction within 75' of a freshwater wetland. (1) REPLY: This comment is so noted. The text of the D.E.loS. Page V-56 has been changed to the following: "Similarly, no regrading activities, including clearing, cut/fill, and construction of roadways, dwelling units, or recharge basins will occur within the regulated distance from the freshwater wetlands areas." 2. COMMENT: We recommend that conditions be placed on dedicated open space within the subdivision be clearly explained in the document. We encourage the Town to require that dedicated open space be preserved in its natural state and protected from any future Clearing, construction, or development. 117 I I I I I I I I I I I I I I I I I I I We are particularly concerned with dedicated open space adjacent to Laurel Lake. We believe this area has significant potential for increased human use and disturbance after site development, and feel strongly that the appropriate protection of this area should be fully defined in the DEIS. Thus we recommend that the document address any future development plans including parking, dock facilities, boat houses, or any access clearing. Although we have no objection to the provision of appropriate access in this area, we believe strongly, that access must be carefully planned to avoid disturbance of the site's freshwater wetlands and Laurel Lake. We do not believe that this area is an appropriate location for boat storage or parking facilities and recommend that the Town examine the potential long-term use of this portion of the site prior to any approval of the proposed plan. (3) (7) (12) RBPLY: This comment is so noted. The proposed action does not plan any activities within the areas of designated open space, indicated on the site plans (Plate 1 of the D.E.I.S.). The Town of Southold has the right to regulate activities on Laurel Lake, including the freshwater wetlands areas around it. If the Town of Southold adopts specific regulations regarding this matter the Applicant and any future residents and visitors of the Macari at Laurel subdivision will comply. 118 I I I I I I I I I I I I I I I I I I I 3. COIlNlDlT : The DEIS should contain a section which identifies the state's coastal policies which are affected by the proposed action. It should address each policy so as to indicate how the proposed action is consistent or can be made to be consistent with the state's coastal policies. Policy #5 - This coastal policy states that new development should be encouraged to locate in areas where there are adequate public services and facilities essential to such development. In this regard, it will be prudent for the applicant to further explore the options of relocating the development in areas that are more conducive to such actions. The concept of the Transfer of Development Rights (TDR), even though, the applicant or one of his colleagues does not singly own other property in the school district or in the Town of Southold should be further investigated. The legal ramifications in attempting to apply TDR to jointly held properties may be enormous, but the preservation of this sensitive tract of prime watershed lands, designated as potential "open space" should be given the greatest consideration. This parcel of land is invaluable in its potential contribution for the protection preservation and enhancement of the ground and surface water quality in the area. Policy #14 states that activities and development shall be undertaken so that there will be no measurable increase in erosion at the site of such activities or development, or at other locations. 119 I I I I I I I I I I I I I I I I I I I The DEIS indicates that regrading will cause slopes to be disturbed and vegetation to be stripped from the area thus increasing the potential for erosion and sedimentation within and without the parcel. The DEIS does explore in enough depth, alternatives to the grading, cutting and filling and the minimum amount of grading that would be necessary in order to achieve the project ends. What is the least amount of grading that would be required to accomplish the project goals? (4) REPLY: The New York state Department of state Coastal Management Program "State Coastal Policies" (1982) contains forty-four (44) individual policies, divided into ten specific categories (Table 1), which are enforceable on all state and Federal agencies managing resources along the state's coastline. The following policies of the Coastal Management Plan (summarized as to content) are potentially applicable to the site for the proposed action (u.s. Department of Commerce, 1982): policv 1. Restore, revitalize, and redevelop and under utilized waterfront areas for commercial, cultural, recreational and other compatible uses: deteriorated industrial, This policy does not apply to the proposed action. policv 2. Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters: 120 I I I POLler I Il1lH1I!R I 1 I 2 3 Jj I 5 6 7 I 8 9 10 11 I 12 13 14 I 15 16 17 I 1r. 19 20 21 I 22 23 I 24 25 26 I 27 28 I 29 30 31 32 I 33 34 35 I 35 37 38 I 39 40 41 42 I 1:3 44 I I TABLE 1 lEV TOI[ STATE COASTAL POLICIES CATEGOJ!!' SUBJECT ARE! Development Policies Fish & Wildlife Policies Flooding & Erosion Policies Recreation Policies Historic Resource and Visual Quality Policies Asricultural Lands Pol:!.c~' Energy & Ice H&::l:c;eJ:lent Policies ~ater & Air Resources Policies Waterfront Revitalization Water-Dependent Uses Major Ports Small Barbors Public Services Permit Procedures Significant Habitats Pollutants I Recreational Resources COJ:lmercial Fisheries Siting of Structures Natural Protective Features 30-Year Erosion Control Structures No Flooding or Erosion Increases Natural Coastal Processes Use of Public funds lion-Structural Control Measures Fcon o!:lic/ Social/Envi mnment al Interests Water Related recreation Resources Public Foreshore Water-Dependent Recreation/Enhanced Recreation Uses llultiple-U~e Develolll!!ent Historic Preservation Statewide Scenic Resources Local Scenic Resources Agricultural Lands Conservation Energy Facilities Siting & Construction Ice llanagement Prl:Ctices Enerr,y Resources Development State & Naticnal Water Quality Standl:rds L\mp Policies/Constraints Innovative Sanitary Waste Systems Storm-Water Run-Off, Combined Sewers Vessel Discharges Dredbing & Disposal Hazardous tlllterials Spills Non-Point Discharees Surface & Ground-Water Supplies Solid Wastes Management Industrial Discharges State & National Air Quality Standards Clean Air Act - Reclassification~ Acid Rain Tidal & Freshwater Wetlands 121 I I I I I I I I I I I I I I I I I I I This project is not a water dependent use. Furthermore, in accordance with current regulations of the Town of Southold (Chapter 97: Wetlands, Code of Town of Southold, 1989) and the New York state Department of Environmental Conservation Article 24 and Title 23 of Article 71: Freshwater Wetlands Act of the Environmental Conservation Law (NYSDEC, 1987) the Applicant does not plan any water dependent uses within the regulated areas adjacent to the existing surface waters of or adjacent to the site. These areas will be preserved as designated open space (Plate 1 of the D.E.I.S.). Policv 3. Further develop the state's major ports of Albany, Buffalo, New York, Ogdensburg and Oswego as centers of commerce and industry, and encourage the siting, in these port areas, including those under the jurisdiction of state public authorities, of land use and development which is essential to, or in support of, the waterborne transportation of cargo and people: This policy has no applicability to the proposed action. policv 4. strengthen the economic base of smaller areas by encouraging the development and enhancement of traditional uses and activities which have provided such with their unique maritime identity: harbor those areas The proposed action will develop 27 single-family dwellings in a clustered layout, thereby preserving significant portions of the existing open space at the site. Thus, by using an environmentally sensitive layout, the proposed action will while developing the site in accordance with the current zoning district designation optimize the preservation of the existing 122 I I I I I I I I I I I I I I I I I I I scenic qualities of the site. Existing maritime identity of the Town of Southold will not be adversely affected by the proposed action. policv 5. where public development are Encourage the location of development in services and facilities essential to adequate: areas such The commentator requested the further exploration by the Applicant of options of relocating the development to areas that are more conducive to such actions. The Town of Southold (Commentator #1) indicates that the Town records show the Applicant to own property in the nearby vicinity to which the development rights could be transferred. Despite the fact that the Town does not have a TOR program, TOR still is not applicable considering the fact that the Applicant does not own any other parcels within the Town with the same community of ownership. policv 6. facilitate the locations: Expedite permit procedures siting of development activities in order to at suitable This policy is not applicable to the proposed action except that SEQRA time regulations are in effect. policv 7. Significant coastal fish and wildlife habitats will be protected, preserved, and where practical, restored so as to maintain their viability as habitats: The proposed action will not have an adverse affect on the marine habitat. In addition, within the site no construction will occur within the freshwater wetlands or surface water 123 I I I I I I I I I I I I I I I I I I I areas. Furthermore, during construction strategic erosional control measures will be implemented wherever needed on the site, such as vegetative mulching, straw bales and silt screens. policv 8. Protect fish and wildlife resources in coastal area from the introduction of hazardous wastes and pollutants which bio-accumulate in the food chain or which significant sublethal or lethal effect on those resources: the other cause It is the intention of the Applicant to construct the proposed action such that erosion potential will be minimized, and considering the estimated horizontal movement of underlying groundwater, any potential pollutants from sanitary discharge and fertilizer use from the proposed dwellings are likely to bypass Laurel Lake completely. Furthermore, surface water recharge will occur through dry wells, catch basins, and recharge basins (Plate 1 of the D.E.I.S.). Consequently, no liquid discharge or solid waste of any kind will enter Laurel Lake from the proposed action. policv resources resources, resources: 9. Expand recreational use in coastal areas by increasing supplementing existing stocks, of fish and wildlife access to existing and developing new The parcel for the proposed action is private land and public access is unauthorized. Laurel Lake is currently accessed from the existing single-family dwellings located along its shores. The proposed action will not encroach on Laurel Lake and will not alter existing water quality of Laurel Lake. 124 I I I I I I I I I I I I I I I I I I I policv 10. Further develop commercial finfish, shellfish and crustacean resources in the coastal area by encouraging the construction of new, or improvement of existing on-shore commercial fishing facilities, increasing marketing of the state's seafood products, maintaining adequate stocks, and expanding aquaculture facilities: This policy is not applicable to the proposed action. policv 11. Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion: This policy is not applicable to the proposed action, since the Macari at Laurel site is not located within an area with potential for flooding during a storm (FIRM). As mentioned above extreme care has been taken to ensure that no erosion or flooding will occur due to the proposed action. In addition, the proposed structures will be situated on the portions of the site that has absolute minimal flooding potential. policv 12. Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs: The areas to be regraded with the proposed action are located upland from the shores of Laurel Lake and significant designated open spaces will be preserved along any sensitive areas of surface water and freshwater wetlands, in accordance with Town and state regulations. 125 I I I I I I I I I I I I I I I I I I I policv 13. The construction or reconstruction of erosion protection structures shall ~e undertaken only if they have a reasonable probability of controlling erosion for at least thirty years as demonstrated in design and construction standards and/or assured maintenance or replacement programs: Should the construction of any retaining walls be necessary within any parts of the site, then these walls will be designed for long term stability. Erosional preventative techniques such as straw bales, silt fences and vegetative mulching will minimize erosional potential during construction. Land surface covering such as impervious surfaces and landscaping will minimize erosion following construction. In addition, the planned storm water drainage system (i.e., dry wells, catch basins, and recharge basins) will minimize the amount of surface erosion at the site. policv 14. Activities and development including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations: Erosional structures such as potential retaining walls, internal drainage with dry wells, catch basins, and recharge basins will insure maximum protection to the site following construction. Preventative methods during construction are outlined in detail in the mitigation section of the D.E.I.S. on topography, soils and drainage. Commentator #4 requests information regarding the least 126 I I I I I I I I I I I I I I I I I I I amount of grading that would be required to accomplish the project goals. In general, since the proposed dwelling units will be constructed within the most level portions of each lot, the amount of cut and fill required to prepare the site for the construction of the 27 individual single-family dwelling units will probably be within 2 - 3 feet. policv 15. Mining, excavation or dredging in coastal waters shall not significantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land: This policy is not applicable to the proposed action. policv 16. Public funds shall only be used for erosion protective structures where necessary to protect human life, and new development which requires a location within or adjacent to an erosion hazard area to be able to function, or existing development: and only where the public benefits outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features: This policy is not applicable to the proposed action. policv 17. Non-structural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible: The strategic location of the proposed building units as well as the preservation of open space buffers, concentrated around environmentally sensitive areas, throughout the site, will minimize damage to the natural resources. 127 I I I I I I I I I I I I I I I I I I I Policv 18. To safeguard the vital economic, social and environmental interests of the state and of its citizens, proposed major actions in the coastal area must give full consideration to those interests, and to the safeguards which the state has established to protect valuable coastal resource areas: The proposed action will construct a 27 unit single-family development, thereby creating additional jobs for construction workers in the area, while not damaging the environmentally sensitive areas at or adjacent to the site. policv 19. types of access facilities: Protect, maintain, and increase the level and to public water-related recreation resources and The site is in private ownership and thus, no public access exists on the site. However, Laurel Lake is currently and will remain accessible from the several existing single-family residences located along the northern shore of the lake. policv 20. Access to the publicly-owned foreshore and to lands immediately adjacent to the foreshore or the water's edge that are publicly-owned shall be provided and it shall be provided in a manner compatible with adjoining uses: See reply to previous policy. will over policv 21. Water dependent and water enhanced recreation be encouraged and facilitated, and will be given priority non-water related uses along the coast: 128 I I I I I I I I I I I I I I I I I I I The proposed action is not water dependent and water enhanced recreation is encouraged and facilitated by it. By preserving significant designated open space areas near all areas of surface water at or adjacent to the site, major parts of the scenic vistas will be preserved and the residential building units will blend into the surroundings. Policv 22. Development when located adjacent to the shore will provide for water-related recreation whenever such use is compatible with reasonably anticipated demand for such activities, and is compatible with the primary purpose of the development: The proposed action will not develop those portions of the site immediately adjacent to any surface water areas, nor are any water related activities planned to take place. policv 23. Protect, enhance, and restore structures, districts, areas or sites that are of significance in the history, architecture, archaeology or culture of the state, its communities, or the Nation: According to the Stage II Archaeological Investigation, since no prehistoric or historic artifacts or features were recovered during this phase of study, no additional work is recommended in associated with this project (Appendix K). policv 24. Prevent impairment of scenic resources of statewide significance: See policy #25. 129 I I I I I I I I I I I I I I I I I I I Policv 25. Protect, restore or enhance natural and manmade resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the coastal area: By preserving major portions of the site, and thereby providing buffers throughout, significant portions of the existing scenic vistas will be preserved and the residential building units will attempt, to he extent possible, to blend into the surroundings. Policv 26. Conserve and protect agricultural lands in the State's coastal area: This policy will not be met with the proposed action, which will construct 27 single-family dwelling units in a clustered layout in accordance with the existing zoning district designation for the site. Farmland represents only one factor of significance on the site (approximately 50% prime farm land), while other features such as wetlands associated with a string of kettle holes and part of the shore of Laurel Lake are also important. However, farming has not occured on the site for several years and economic constraints may make this type of use for the site impractical. POlicy 27. Decisions on the siting and construction of major energy facilities in the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shore front location: This policy is not applicable. Policy 28. Ice management practices with the production of hydroelectric power, fish and wildlife and their habitats, or erosion or floOding. shall not interfere damage significant increase shoreline This policy is not applicable. 130 I I I I I I I I I I I I I I I I I I I policv 29. Encourage the development of energy resources on the outer Continental Shelf, in Lake Erie and in other water bodies, and ensure the environmental safety of such activities: This policy is not applicable. policv 30. Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous substances, into coastal waters will conform to State and National water quality standards: No liquid or solid waste will be discharged into Laurel Lake from the proposed action. Surface runoff will be captured by the extensive storm water drainage system (i.e., dry wells, catch basins, and recharge basins) planned for the Macari at Laurel site. In addition, the direction of groundwater movement under the site will most likely prevent recharged water from the site from reaching Laurel Lake. policv 31. State coastal area policies and management objectives of approved local Waterfront Revitalization Programs will be considered while reviewing coastal water classifications and while modifying water quality standards: however, those waters already overburdened with contaminants will be recognized as being a development constraint: The proposed action will not contribute significantly to any contamination of the surface waters of Laurel Lake, as discussed above. policv 32. Encourage the use of alternative or innovative sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities: 131 I I I I I I I I I I I I I I I I I I I The proposed action plans the construction of individual sanitary systems for each lot. Prior to final site plan approval the Applicant will obtain all necessary permits for the septic discharge systems from the Suffolk County Department of Health Services. Policv 33. Best ensure the control of overflows draining into management practices will be used to storm water runoff and combined sewer coastal waters: Erosional structures such as potential retaining walls, internal drainage with drywells, catch basins, and recharge basins will insure maximum protection to the site following construction. The proposed storm water drainage system will be adequately dimensioned in accordance with existing regulations. Policv 34. Discharge of waste materials into coastal waters from vessels subject to State jurisdiction into coastal waters will be limited so as to protect significant fish and wildlife habitats, recreational areas and water supply areas: This policy does not apply to the proposed action. policv 35. Dredging and dredge spoil disposal in coastal waters will be undertaken in a manner that meets existing State dredging permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands: This policy is not applicable. policv 36. Activities related to storage of petroleum and other hazardous conducted in a manner that will prevent or the shipment and materials will be at least minimize 132 I I I I I I I I I I I I I I I I I I I spills into undertaken restitution occur: coastal waters: all practicable efforts will be to expedite the cleanup of such discharges: and for damages will be required when these spills This policy is not applicable. policv 37. Best management practices will be utilized to m1n1mize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters: The completed development will be designed to have internal storm water drainage leading into drywells, catch basins, and recharge basins. strategical location of the planned clearing envelopes within the most level portions of each lot long term will further lower the risk for soils erosion from these areas. The replanting schedule for the proposed action requires little or no fertilization or application of pesticides, thereby lowering the amount of nutrient recharged to the underlying groundwater. Furthermore, water recharged at the site to the aquifer from the site is unlikely to reach Laurel Lake. policv 38. The quality and quantity of groundwater supplies, will be conserved particularly where such waters constitute the source of water supply: surface water and and protected, primary or sole The proposed action will result in a nitrogen budget of approximately 4.48 mg/L (based upon a turf fertilization rate of 25 lbs/15,000 square feet) to 4.80 mg/L (based upon a rate of 2.3 lbs/1,000 sq.ft.). This value lies significantly below the average nitrate content of 6.45 mg/L of the nearby municipal 133 I I I I I I I I I I I I I I I I I I I water source. Thus under the assumption that the water quality of the Upper Glacial aquifer underlyinq the site is comparable to the nearby municipal source, the nitroqen content of water recharqed from the site will actually be lower than the content of the aquifer. Recharqed water from the Macari at Laurel site is unlikely to reach Laurel Lake, due to the estimated southeasterly direction of horizontal flow in the underlyinq aquifer. In addition, as outlined above, surface water runoff from the proposed action will be captured by the strateqically placed storm water drainaqe system (i.e., dry wells, catch basins, and recharqe basins). policv 39. The transport, storaqe, treatment and disposal of solid wastes, particularly hazardous wastes, within coastal areas will be conducted in such a manner so as to protect qroundwater and surface water supplies, siqnificant fish and wildlife habitats, recreation areas, important aqricultural lands and scenic resources: This policy is not applicable. policv 40. Effluent discharqed from major steam electric qeneratinq and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to state water quality standards: This policy is not applicable. policv 41. will not cause violated: Land use or development in the coastal area National or state air quality standards to be This policy is not applicable. 134 I I I I I I I I I I I I I I I I I I I policv 42. Coastal Manaqement policies will be considered if the state reclassifies land areas pursuant to the prevention of siqnificant deterioration requlations of the Federal Clean Air Act: This policy is not applicable. policv 43. Land use or development in the coastal area must not cause the qeneration of siqnificant amounts of the acid rain precursors: nitrates and sulfates: This policy is not applicable. policv 44. Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas: The proposed action will preserve the freshwater wetlands and surface water areas of the site in accordance with current requlations as mandated by the NYS DEC and Town Code requlations. 4. COMMERT : Similarly, the amount of impervious surfaces that will be created from roof tops, driveways, and the roadway which will increase surface runoff and hence erosion and sedimentation should be analyzed in qreater detail to determine if and where impervious surfaces can be reduced or eliminated. Is it absolutely necessary that driveways be constructed of impervious materials or can pervious or semi-pervious ones be substituted? An analysis of this component can reduce the amount of impervious surfaces and hence the potential for increased erosion and sedimentation. (4) 135 I I I I I I I I I I I I I I I I I I I REPLY: Any rain falling upon the proposed impervious surfaces of the Macari at Laurel site will be collected by the strategically placed storm water drainage system, consisting of dry wells, catch basins, and recharge basins. In particular, within the vicinity of the environmentally sensitive freshwater wetlands and surface water areas of the site, the individual catch basins could have separate leaching pools, in order to further reduce the risk of surface water runoff encroaching upon these areas, during a heavy storm. If required by the Town of Southold or any other involved agencies, the proposed driveways could potentially be constructed of pervious (e.g., blue stone) material, instead of the planned, impervious blacktop material. 5. CULTURAL, HISTORICAL, AJID SCBBIC RESOURCBS 1. COKMBHT: Page V-59 to V-61. The Archaeological Investigation included in Appendix B indicates that 30 of 211 shovel probes (14 percent) yielded prehistoric artifacts. The report concludes that there are, "Two limited areas of potentially intact prehistoric sediments...", and goes on to recommend that "Further limited subsurface excavation in order to fully expose specific areas of sediments below the existing plow zone is needed to define the limits of the site." The Mitigation Measures section Page V-61 outlines three possible 136 I I I I I I I I I I I I I I I I I I I mitigation measures for this documented sensitivity: "The site layout can be modified such that those areas of sensitivity would be preserved as "open space". On lots where only portions contain archaeological sensitivity, strict building envelope covenants can be imposed in order to preserve the sensitive areas. Finally, physical excavation of the sensitive material can remove the archaeological sensitivity from the site, gaining the knowledge of past occupancy in the process". Further mitigation of prehistoric resources is warranted as indicated in the Draft EIS. The professional archaeologist should contact the New York state Office of Parks Recreation and Historic Preservation (OPRHP) to determine the appropriate and acceptable method of mitigation in fulfillment of the state Historic Preservation Act and minimization of impacts for the purpose of the state Environmental Quality Review Act. If options exist based upon contact with the state, the Applicant should assist in determining the appropriate mitigation, as the alternatives may affect yield, configuration, marketability, project sChedUling and expenditures. The Final EIS should contain documentation of contact with OPRHP and should outline an adequate means of mitigation of impact upon prehistoric resources. (2) REPLY: This comment is so noted. Accordingly, a letter describing mitigative measures designed to preserve or further establish possible site integrity of the observed two areas of 137 I I I I I I I I I I I I I I I I I I I potentially intact archaeological remains at the Macari at Laurel site was sent to the New York state Office of Parks, Recreation and Historic Preservation (Appendix I). The two areas of prehistoric sensitivity consist of a relatively small area located within the southern part of the property and a larger area situated within the northwestern part of the site for the proposed action, respectively (Figure 2). The proposed mitigative measures include building covenants for the southernmost area of sensitivity, whereas the potential integrity of the northern area would likely be established with a limited excavation within this area. A thorough Cultural Resource Inventory, Stage II, was completed to evaluate the potential significance of the large designated area (Appendix K). Since no prehistoric or historic artifacts or features were recovered during the stage II investigation, no additional work is recommended in associated wi th this proj ect. Further, there is no archaeological reason why construction should be further delayed. 2. COMHBNT: The Project as proposed would irretrievably alter the character of the scenic Laurel Lake area by converting the present tranquil rural landscape, which is designated as open space in the Town's Master Plan, into a suburban subdivision with a concomitant increase in noise, air pollution and traffic. (11) REPLY: Laurel site designation. The proposed action will develop the Macari at in accordance with the current zoning district Thus, the proposed action will utilize a clustered 138 I I I I I I I I I I I I I I I I I I I layout of the 27 single-family dwellings planned to be constructed. In addition, significant portions of the existing vegetation will be preserved within designated open space areas, which will be concentrated within the environmentally most sensitive parts of the site. In particular, the area adjacent to Laurel Lake will remain untouched with the construction of the proposed action. Finally, the addition of 27 single-family dwelling units in the area is not anticipated to have a significant impact upon the level of traffic on area roadways, nor is the residential development likely to result in significantly elevated noise or air pollution levels. 3. COMKBNT: The DEIS does not adequately address the visibility of the proposed Project at different times of year from Sound Avenue or the rights-of-way that present residents use for access to their homes. The DEIS also does not discuss the relationship of the proposed road system to the existing unpaved rights-of-way. Alternatives providing for larger buffers along Sound Avenue, the rights-of-way and the proposed road system to screen the project and reduce noise, should be addressed. (11) REPLY: The proposed action will preserve an optimal amount of original ground cover, including surface waters, freshwater wetlands, old field as well as upland forested vegetation. The individual planned designated open space areas 139 I I I I I I I I I I I I I I I I I I I will include some or all of these different habitats. This layout will ensure the optimized preservation of habitat diversity. Thus, the proposed action will following the completion of the construction phase provide habitat to the largest number of wildlife species possible. Of the preserved designated open space areas, the northernmost area (i.e., approximately 5.5 acres) will consist exclusively of old field vegetation, while the centrally located areas (i.e., up to 18.2 acres) contain almost exclusively upland forested vegetation surrounding the freshwater wetlands and surface water areas. The remaining parts of the open space areas, i.e., along the LILCO easement, along the eastern boundary of the site, as well as along the southernmost portion of the Laurel Way and Crescent Way right-of-ways, will consist primarily of old field vegetation. Additional original old field and/or upland forest vegetation will be preserved within the individual lots of the site. Where the existing old field vegetation is being preserved, it is inevitable that the proposed houses will be visible from portions of Sound Avenue (i.e., the northernmost of the planned dwelling units). In addition, some dwelling units will be visible along the Laurel Way right-of-way along the eastern and southern boundaries of the site. The southernmost part of the proposed roadway will be a temporary turnaround, which may be connected to any future roadway system on adjacent properties. Direct access to the southern part of the site could potentially be gained from Laurel Way to this southern part of the roadway in case of an emergency, such as a fire. If required by the Town of Southold, this potential visibility of parts of the proposed action could be mitigated by utilizing indigenous upland forest species in the replanting 140 I I I I I I I I I I I I I I I I I I I schedule planned for areas originally covered with old field vegetation. The site plan for the Alternative Cluster (Plate 3) indicates rights-of-way existing along the eastern and western boundaries of site, along the trend of the LILCO transmission line and along parts of the southern boundary of the site adjacent to Laurel Lake. These rights-of-way are not proposed for roadway development and should help to screen the proposed action from adjacent lands. Ii . HOUSXNG 1. COMMENT: is not provided. V-62. ( 1) Documentation in support of paragraph 3 REPLY: According to Lieutenant Conway of the Mattituck Police Department (personal communication, 9-30-1991, 516-734-6022) the addition to the District of the occupied Macari at Laurel subdivision should not be a problem at this time. Furthermore, Secretary of the Mattituck Fire District, John Keogh (personal communication, 9-30-1991, 516-298-4263) states that fire protection of a given property is largely dependent upon the supply of water. Another concern is the layout of a proposed roadway system. At a site such as the Macari at Laurel property, it is likely that 2 - 3 wells for fire protection will have to be installed at the expense of the Applicant. Normally, the fire department is provided with the specific layout for a given site by the Town of Southold prior 141 I I I I I I I I I I I I I I I I I I I to final approval of a project. analyzes the plans and responds to requirements for the specific project. The fire department then the Town with specific 8. DTTI:TUCK SCHOOL DI:STRI:CT NO. 9 1. COJIMBIfTI V-64. contradict one another. The last sentences of paragraphs 2 and 3 (1) . REPLY: The estimated annual local cost to educate a sChool-age child is approximately $7,001.94 per student, using a linear computation method. Therefore, it will cost about $203,056.26 from local sources to educate these 29 school children expected from the completed Macari at Laurel subdivision. However, the exact cost to educate a sChool-age child may not be adequately estimated, assuming a linear correlation between the number of sChool-age children and the total local school budget. Such a correlation will provide a fiscal value, but this value may not represent actual additional expenditures that must be made by the school district for every new student enrolled. Thus, the change in school district expenditures resulting from the proposed action can only be generally stated. Increased tax revenues for the Town expected from the proposed action should help defray the additional educational costs. The proposed action will result in a projected real estate 142 I I I I I I I I I I I I I I I I I I I tax revenue of approximately $93,144.07, or $84,943.15 more than the current revenues (i.e., $8,200.92) derived from the Macari at Laurel site. utilizing the school district tax rate of 62.5% of the total tax revenue, approximately $58,215.04 would be produced from the proposed action to offset any increase in educational cost demands. 2. COHKBRT: Page V-63 to V-64. The Draft EIS indicates that revenue generated from the project is not sufficient to directly offset the cost to educate a child, stating that other sources of income may be available to offset this deficit thereby minimizing the impact. Contact should be made with the School District to determine the ability to accommodate additional school aged children. (2) REPLY: See previous reply. The Macari at Laurel property is located within the Mattituck School District #9. The current population of sChool-age children within the school district consists of 1,240 students. The capacity of the district depends upon the age distribution of a group of additional students, such as the 29 school-age children predicted to be generated from the proposed action. If these 29 children are concentrated on one age level, such as Kindergarten age, it would be difficult for the school district to absorb these students, since the district is at present very pressed for building space, but in general have room for a small number of 143 I I I I I I I I I I I I I I I I I I I additional students at each grade level. Thus, if the age distribution of the sChool-age children from the proposed action is relatively even, they could be educated without incurring major problems to the school district (personal communication, Mr. Lee Elwood, Superintendent, September 16, 1991, 516-298-8460). t. TAXES AND PISCAL SBTTIBG 1. COMIIBBT: V-65. The second paragraph titled "Taxes and Fiscal Setting" contradicts made on the previous page. (1) in the the section statements RBPLY: The estimated increase in property taxes, with the construction of the proposed action, is approximately $84,943.15 more than the current tax revenues (i.e., $8,200.92), derived from the Macari at Laurel site. In addition, the proposed action will create an increased need for certain municipal services, such as police protection, ambulance service, fire protection, and educational services. The additional property tax revenues will be used to offset, but may not in all cases meet, the increased costs for these services. 144 I I I I I I I I I I I I I I I I I I I VI:. UJlAVOI:DABLB ADVERBB BNVJ:ROIlMBBTAL I:XPACTS OF TO PROPOSBD ACTI:OIJ 1. COKKBIJT: This section should make note of the potential for irreversible loss of prehistoric resources not currently identified on the project site. (2) RBPLY: Following the completion of a stage II Archaeological Investigation of the site, since no prehistoric or historic artifacts or features were recovered during this study, no additional work is recommended in association with this project. Consequently, there will not be a loss of prehistoric resources. VI::I. ALTBRlJAT:IVES TO TO PROPOSBD ACT:IOIJ 1. COKMEIJT: The Applicant should consider a modified cluster involving 35,000 to 40,000 square foot lots, in order to avoid steep slope areas on Lot 18, maximize wetlands setbacks, preserve additional forest, old field and edges, expand open space linkages, and possibly avoid areas of documented prehistoric resources. This alternative would fulfill the stated intention of the applicant and further minimize potential significant environmental impacts on this sensitive site. (1) (2) 145 I I I I I I I I I I I I I I I I I I I RBPLY: This comment is so noted. Accordingly, a modified cluster alternative was prepared. This alternative proposes to construct 27 single-family residences involving lots of 30,000 to 35,000 square feet. Consequently, the Draft Environmental Impact Statement Section VII has been changed to include the following text: " E. MODIFIED CLUSTER ALTERNATIVE (27 Housing Units Distributed In a Modified Cluster Throughout The Site). In a final effort to develop realistic alternatives to the proposed action (i.e., modified cluster) and upon request from the Planning Board of the Town of Southold (Commentator #1), a sketch (Plate 3) of a second modified cluster alternative is provided. In this alternative plan the site development would be consistent with the existing R-80 Residence District zoning and the housing unit lots would be clustered away from the sensitive portions of the site. This alternative proposal would construct 27 detached single-family residences located within three portions of the site leaving approximately 39.3 acres, or 61.8% of the site as preserved open space (Plate 3). * Physical Settina - Tonoaranhv and soil: Approximately 12.90 acres, or 20.3% of the total site would be regraded (including clearing and cut/fill operations) in the development of this modified cluster alternative. Since the houses could be 146 I I I I I I I I I I I I I I I I I I I constructed within the relative flat portions of each lot throughout the site, only minor cut and fill activities would be necessary. The existing contours would remain in the peripheral buffer areas of the site as well as within the open space areas, including the areas adjacent to the freshwater wetlands (Plate 3) . * Bioloaical settina - Flora and Fauna: Regrading of nearly 12.90 acres of the site would leave 50.70 acres, or 79.7% of the original site vegetation, including all of the upland forest, untouched. Upon completion of the modified cluster alternative, 4.42 acres, or 6.9% of the total site would become turf and/or replanted woody vegetation. The distribution of the original vegetation would be within the peripheral areas of the site and especially associated with the freshwater wetlands and the two ponds found within the site (Plate 3). With 79.7% of the existing upland forest, old field vegetation, and freshwater wetlands vegetation and surface water areas remaining after construction, certain numbers of the present wildlife would be expected to remain. Most of the species presently occupying the freshwater wetlands would be expected to survive following development, depending on recreational utilization by the future residents of the site. In the upland forest areas within the proposed buffers of the site as well as the remaining upland forest/old field edge zones the species less sensitive to human activity may repopulate 147 I I I I I I I I I I I I I I I I I I I followinq construction. * Hvdroloaic settina - Drainaae. Groundwater and Water Budaet: Reqradinq of 12.90 acres, or 20.3% of the total site, would chanqe the present drainaqe confiquration of the site. Impervious surfaces such as an interdevelopment roadway, driveways, and buildinqs would cover 7.33 acres, or 11.6% of the developed parcel. The expected runoff from these surfaces would have to be controlled by the strateqic placement of dry wells associated with the buildinqs, storm catch basins alonq the roadways and the two planned drainaqe areas (Plate 3). Construction of the modified cluster alternative development would change the groundwater recharge regime of the site. Since 7.33 acres, or 11.6% of the total site area, would be covered by impervious surfaces, there could be excessive runoff and a loss of recharge at the site location if not properly prevented. In addition, 4.42 acres, or 6.9% of the site would be covered by turf and/or replanted woody veqetation. Depending on the maintenance required for these types of vegetation, fertilization of this area may be necessary to maintain it. This could lead to potential excess nitrogen loading to the groundwater. The resulting water budget for the development of the modified cluster alternative gives a recharqe value of 28.75 inches per year at this site. The calculations leading to this value are as follows: 148 I I I I I I I I I I I I I I I I I I I References and values used below are noted in Sections III-C-4 and IV-C-4 of the D.E.I.S. Change in Storage (~S) = Inflow - Outflow or (~S) = Precipitation + Imports + Groundwater Runoff - Evapotranspiration - Evaporation - Exports - Overland Flow - Groundwater Runoff The actual water budget equation for the site (derived in Section III-C-4 of the D.E.I.S.) is as follows: (~S) = ((Precipitation + Imports) - (Evapotranspiration + Exports + OVerland Flow)) x (% of total land) Values used for precipitation, evapotranspiration parameters are explained and referenced in Section the D.E.1.S. and other III-C-4 of UnimDroved Land (Consists of upland forest, wetlands, and old field; 50.50 acres, or 79.4% total land) ( 6s) = (46.32 in/yr + 0) (22.0 in/yr + 0 + 0.5 in/yr) x (% total land) ( 6 S) = 24.82 in/yr x (79.4% total land) (6 S) = 24.82 in/yr x 0.794 (6s) = 19.34 in/yr (weighted average unimproved land) 149 I I I I I I I I I I I I I I I I I I I ImDervious Surfaces (7.33 acres, or 11.6% of total land) ( 6,S) (6,S) (6, S) = ((46.32 in/yr + 0) - (0 + 0 + 46.32 in/yr)) = ((46.32 in/yr) - (46.32 in/yr)) x (% total land) = 0 in/yr Since the modified cluster alternative action will have dry wells, catch basins and two drainage areas strategically placed (Plate 3) to gather nearly all runoff originating from impervious surfaces such as roofs, driveways, and the roadway; runoff will be negligible, except for an unmeasurable amount that will evaporate in transit or will collect in localized, minor shallow puddles. Therefore, the resulting, actual recharge for impervious surfaces will be as follows: (6s) = ((46.32 in/yr + 0) - (0 + 0 + 0.5 in/yr)) (6S) = ((46.32 in/yr) - (0.5 in/yr) (6s) = 45.82 in/yr x (11. 6% total land) (6s) = 45.82 in/yr x 0.116 (6s) = 5.32 in/yr (weighted average impervious surfaces) Turf and ReDlanted Woodv Veaetation (2.95 acres plus 1.47 acres, or a total of 4.42 acres, or 6.9% total land) 150 I I I I I I I I I I I I I I I I I I I Irrigation will involve 2 inches/month water imports during the growing season of five (5) months from May to September (Baskin, 1977) ( 6s) = ((46.32 in/yr + 10.0 in/yr) - (22.0 in/yr + 0 + 0.5 in/yr (6 S) = ((56.32 in/yr) - (22.5 in/yr)) (6s) = 33.82 in/yr x (6.9% total land) (6s) = 33.82 in/yr x 0.069 (6s) = 2.34 in/yr (weighted average turf and replanted woody vegetation) Surface Water (Consists of surface water of the kettle and the pond associated with Laurel Lake; 0.2 acres, or total site) ( 6s) (6s) (6.S) (6 S) (6.S) pond 0.3% = (46.32 in/yr + 0.5 in/yr) (31.3 in/yr + 0 + 0) x (% total land) = (46.82 in/yr) - (31.3 in/yr) x (% total land) = 15.52 in/yr x 0.3% total land = 15.52 in/yr x 0.003 = 0.5 in/yr (weighted average surface water) In addition, since the projected sewage discharge amount for the proposed action is 8,100 gpd, that amount of water will enter the groundwater. This value represents an import factor 151 I I I I I I I I I I I I I I I I I I I over the total area of 63.6 acres. The value obtained various conversions yields an additional import value of in/yr to the total change in storage for the site area. from 1.71 Therefore: Chanae in storaae for Modified Cluster Alternative Change in storage (63.6 acres, or 100% of total area using weighted average values) = (19.34 in/yr; unimproved area) + (5.32 in/yr: impervious) + (2.34 in/yr: turf/replanted veg.) + (0.50 in/yr: surface water) + (1.71 in/yr: sanitary discharge) = 28.75 inches/year The modified cluster alternative action will recharge 28.75 inches of water to the groundwater as storage. As stated above, the gentleness of the terrain, the sandy nature, and the high permeability of the subsurface material allows for a large amount of water recharge. Due to the extremely efficient runoff nature of impervious surfaces combined with the post-construction drainage configuration, draining runoff to the collector basins, only a minor amount of water will be lost to evaporation or off-site runoff. 152 I I I I I I I I I I I I I I I I I I I * Sewaae: The alternative action of 27 single family detached residential units would produce sewage effluent values totalling 8,100 gallons per day (300 gpd x 27 units). To comply with the Suffolk County Department of Health Services requlations, conventional septic systems would be necessary. This would reduce the potential excess nitrogen and coliform contamination from the alternative action. An estimation of the potential nitrogen-loading values from the modified cluster alternative is as follows: Standard values for nitrogen concentrations calculated for groundwater from such sources as precipitation, upland forest, impervious surfaces, turf and pets, and septic discharge are given in Section IV-C-3 and will be used here. The 27 residential units will be populated by approximately 68 persons. As in most small residential developments, pet utilization of the site would probably be present, but would probably not be a significant factor in nitrogen-recharge. site SDecific Calculations 1. Precipitation. 1.35 maiL is expected to recharge the groundwater at the site for this source. 2. Upland Forest, Old Field, Wetlands, and Replanted Indigenous Woody Vegetation. No fertilization will be applied to areas of preserved original ground cover, to the wetlands, or the replanted indigenous vegetation. 153 I I I I I I I I I I I I I I I I I I I Upland Forest,etc. 37.3% of site Replanted Indigenous 2.3% of site Freshwater Wetlands 0.7% of site Old Field 41. 4% of site Surface Water Areas 0.3% of site Recharge Basins 1.8% of site Therefore, using weighted average calculations for the site: (0.1 mg/L) x (S3.S% of the site) (0.1 mg/L) x (0.S3S) = O.OS maiL 3. Impervious Surfaces. Impervious surfaces such as buildings and pavement will cover 11.6% of the site. Using weighted average calculations for the site: (0.4 mg/L) x (11.6% of the site) (0.4 mg/L) x (0.116) = 0.05 maiL 4. Turf and Pets. The specific calculations are presented in Appendix E. Turf will cover approximately 2.95 acres or 4.6% of the site. Using a value of 25 pounds of nitrogen per 15,000 square feet of turf, 214.17 pounds of nitrogen is predicted to enter the groundwater at the site. In addition, since turf will be irrigated with 10.00 inches/year of a local water source, the background nitrogen level (i.e., assumed to be equal to the SCWA 154 I I I I I I I I I I I I I I I I I I I value of 6.45 mgjL, described above) in this water source should also be added to the areas replanted with turf. Pets are assumed to contribute 0.41 lbsjperson equivalent. For the calculations of the nitrogen recharge the number of persons expected to inhabit this development is assumed to constitute approximately 4 persons per dwelling unit, i.e., 108 persons. This gives an expected nitrogen production from the associated pet population of approximately 44.28 lbs (108 x 0.41 lbs nitrogen). The nitrogen production stemming from these pets is assumed to be deposited primarily in the areas covered by turf. Converting 258.45 pounds of nitrogen (214.17 lbs from turf fertilization and 44.28 lbs from pets) to a milligram value of nitrogen to be dispersed within the liters of groundwater recharge calculated. The resulting unweighted nitrogen loading (see detailed calculations in Appendix E) from irrigation, fertilization, and pet utilization of turf areas is 22.25 mgjL. Since turf covers 4.6% of the site, the weighted average results in the following: (22.25 mgjL) x (4.6% total site) (22.25 mgjL) x (0.046) = 1.02 mgjL N-loading Furthermore, considering the assumption that an average of approximately 57% of the nitrogen loading within turf areas will actually be recharged to the groundwater, the following weighted 155 I I I I I I I I I I I I I I I I I I I average for N-recharge results: (1.02 mg/L) x (0.57) = 0.58 maIL N-recharae Thus, turf, based upon a fertilizer loading of 25 1bs/15,000 square feet, will contribute approximately 0.58 mg/L nitrogen to the groundwater at the site. In comparison, if the residential fertilizer application rate of 2.3 1bs/1,000 square feet (LIRPB, 1984) is utilized, 295.55 pounds of nitrogen from fertilizer and 44.28 1bs (108 x 0.41 1bs nitrogen) from the pets are predicted to enter the groundwater at the site. In addition, since turf will be irrigated with 10.00 inches/year of a local water source, the background nitrogen level (i.e., assumed to be equal to the SCWA value of 6.45 mg/L, described above) in this water source should also be added to the areas replanted with turf. Converting 299.83 pounds of nitrogen (295.55 1bs from turf fertilization and 44.28 1bs from pets) to a milligram value of nitrogen to be dispersed within the liters of groundwater recharge calculated. The resulting unweighted nitrogen loading (see detailed calculations in Appendix E) from irrigation, fertilization, and pet utilization of turf areas is 26.49 mg/L. Since turf covers 4.6% of the site, the weighted average results in the following: 156 I I I I I I I I I I I I I I I I I I I (26.49 mgjL) X (4.6% total site) (26.49 mgjL) X (0.046) = 1.22 mg/L N-loading Furthermore, considering the assumption that an average of approximately 57% of the nitrogen loading within turf areas will actually be recharged to the groundwater, the following weighted average for N-recharge results: (1.22 mg/L) X (0.57) = 0.69 maiL N-recharae Thus, turf, based upon a fertilizer loading of lbs/1,000 square feet, will contribute approximately 0.69 nitrogen to the groundwater at the site. 2.3 mWL 5. Indigenous Replanted Vegetation. In addition to precipitation the areas replanted with indigenous woody shrubs (i.e., 1.47 acres or 2.3% of the site) will be irrigated with an estimated 10.00 inches of a local water source per year. In contrast to the areas replanted with turf, no fertilization is planned for the areas replanted with indigenous shrubs. Considering a weighted average for irrigation of replanted indigenous acreage on the site (i.e., 0.78 inches/yr or 1,343,280.71 qpy/acre x 1.47 acres; Appendix E) compared to the total water budget for the site (i.e., 28.75 inches/year or 49,645,632.86 gpy), incorporating the background nitrogen level in the local water source (i.e., 6.45 mg/L), and considering 157 I I I I I I I I I I I I I I I I I I I that 57% of the loading is likely to reach the groundwater, the following concentrations results: 0.08 mg/L. 6. Septic Discharge. In the calculations of nitrogen recharge from sanitary waste a multiplier of 4 person equivalents per dwelling unit is used. utilizing a separate septic system, approximately 5 (10 lbs loading, 50% recharged) pounds of nitrogen will be produced per person. In the computations below the nitrogen values for a separate sanitary system are calculated. Therefore: 108 persons x 5/365 lbs/person/day = 1.48 lbs/day Converting 1.48 pounds of nitrogen to a milligram value of nitrogen to be dispersed within the 8,100 gallons per day of septic effluent to enter the groundwater and adding the background nitrogen levels (6.45 mg/L; minus 50% removed by the standard sanitary system) for the local water source, the following concentration results: 25.11 mg/L. Since 1.71 in/yr of recharge (i.e., sanitary effluent value calculated over the entire site) has a nitrogen concentration of 25.11 mg/L, and the total recharge value for the entire site is 28.75 in/yr (including the sanitary component), then the actual septic discharge concentration is as follows: 1.71 in/yr / 28.75 in/yr = 5.95% total recharge 158 I I I I I I I I I I I I I I I I I I I Thus, the nitrogen concentration added to the groundwater at the site due to septic discharge is 1.50 mg/L (25.11 mg/L x 5.95%). The total rough estimated nitrogen concentration resulting from the proposed action is as follows: Precipitation 1.35 mg/L Upland Forest etc. 0.08 mg/L Impervious Surfaces 0.05 mg/L TUrf 0.58 mg/L (0.69 mg/L) Indigenous Irrigation 0.08 mg/L Septic Discharge 1.50 mg/L Total 3.64 mg/L (3.75 mg/L) The nitrogen concentration values indicated for septic discharge is probably slightly undervalued, since there will not be complete mixing of the septic effluent discharge and the remaining portion of the total groundwater recharge. On the other hand, the designated turf on the site will be a low maintenance type, requiring little or no fertilization. In addition, the number of pets allowed to wander loose on the site is probably also exaggerated. Furthermore, the background levels added in these calculations will be derived from an 159 I I I I I I I I I I I I I I I I I I I on-site, local water source, and only 50 - 57% of this will be recharged to the aquifer. Consequently, this nitrogen budget, which includes the background values, is likely to be slightly exaggerated. The final estimated nitrogen concentration value of 3.64 mg/L (or 3.75 mg/L based on LIRPB (1984) fertilization) is probably a reasonably close estimate, considering the variables associated with this project. This value lies within the median value range of actually recorded nitrogen concentration values for similar density developments (approximately 3-5 mg/L) recorded by the Suffolk County Department of Health Services (1987), and it is comparable to the median nitrogen value for "Low Density Residential, Unsewered Areas" of 3.5 mg/L (interquartile range [50% data] of 4.2) reported by Eckhardt, et al. (1989) in their recent analysis of the "Relationship between Land Use and Ground-water Quality in the Upper Glacial Aquifer in Nassau and Suffolk Counties, Long Island, New York." The resulting nitrogen loading value of 3.64 mg/L (or 3.75 mgjL) is substantially less than the 10 mgjL standard (New York State Drinking Water Standard, and that level recommended by the Long Island Regional Planning Board as a maximum acceptable nitrogen level within groundwater for Long Island). In addition, the nitrogen loading value of 3.64 mg/L (or 3.75 mg/L) is within the range of 2 to 4 mg/L recommended by the Long Island Regional Planning Board for the "Special Ground-water Protection Area Project for the Brookhaven Pilot 160 I I I I I I I I I I I I I I I I I I I Area" (1986), which is part of the Pine Barrens Zone and the Hydrogeologic Zone III. However, it lies below the 6.45 mg/L value of municipal water in the area. Thus, the proposed action will result in a nitrogen recharge value actually lower than the indicated value of the underlying aquifer. * Solid Waste: The alternative action of 27 single family detached units would produce a population of approximately 68 persons. At 6.5 pounds/person/day as a worst-case, this would produce 442 pounds of solid waste per day. This amount of solid waste must be deposited into the Town of Southold Municipal Landfill, further decreasing the utilization capacity of that facility. * Zonina. Land Use. And Plannina and Zonina: This alternative use, with lots in a modified cluster at the entire site, would not require a rezoning from the present Residence R-80 District Zoning. Open space could be preserved on the site associated with the freshwater wetlands as regulated by Town Code (Plate 3). Original vegetative buffers along the peripheral areas of the site and within interlot areas, as well as major portions of the upland forest/old field ecotone would help in the preservation of open space and sensitive habitat. Regrading would involve 12.90 acres, or 20.3% of the site provided conservative clearing covenants were enacted. Building on steep slopes would be minimized by positioning individual 161 I I I I I I I I I I I I I I I I I I I structures on the most level portions of each building lot and orienting these structures parallel to topographic contours. Development of the site with 27 single-family detached housing units would yield lot value of 0.4 units per acre. * Traffic: The impact of the development of the alternative modified cluster development would be equal to that projected for the proposed action (see Section IV-D-4 of the D.E.I.S.). As with the proposed action, only minimal effects on the levels of service for the nearby roadway network are anticipated. * CUltural/Scenic Resources: If the site is developed into the modified cluster alternative, there will be an alteration of at least 12.90 acres of existing "open space." Buildings, driveways, and an interdevelopment roadway will replace in part, a currently forested and old field area. Peripheral buffers would preserve some of the upland forest and old field vegetation, however there would be a loss of large contiguous areas of natural vegetation (Plate 3). Since a portion of this site would be developed into residential units, an increased recreational utilization of the open space would be anticipated. If not properly managed, this might have a negative impact on the ecosystems of the freshwater wetlands and ponds. Finally, with a modified cluster development of having housing units distributed within three areas the site throughout 162 I I I I I I I I I I I I I I I I I I I the parcel, adverse impacts to existing archaeological areas of sensitivity would also be minimized. * Housina: The development of the site with the modified cluster alternative proposal would provide 27 new housing units in the Town of Southold. * PODulation: The 27 single-family detached housing units would generate a population of approximately 68 persons. This would result in a population density of 1.1 persons per acre. * Mattituck School District #9: Using a worst-case scenario (refer to Section 111-0-8), Burchell, et al. (1985) determined that a single-family home of four (4) bedrooms, located in the Northeast region, yields a multiplier of 1.366 sChool-age children per housing unit and a three (3) bedroom house yields a multiplier of 0.784 school age Therefore, utilizing these statistical multipliers: children. 13 (4 bedroom) dwelling units x 1.366 sChool-age children/unit = 18 children 14 (3 bedroom) dwelling units x 0.784 school-age children/unit = 11 children Total = 29 school-age children. These additional children would require additional educational services resulting in higher educational expenses for the Town of Southold. 163 I I I I I I I I I I I I I I I I I I I As indicated in Section 111-0-9 of the D.E.I.S., the local cost to educate each student is approximately $7,001.94 within the Mattituck School District #9. to this educational cost for 29 students is $203,056.26 and the Since the local contribution portion of this alternative's tax revenue designated for education is only $58,215.04, there will be a net deficit of approximately $144,863.00 * Taxes and Fiscal Settina: The current practice in the Town of Southold to determine the potential tax revenue for estimated proposed new developments is based on the assessment of the price (living footage, lot size, recreational facilities, and number of bedrooms) per housing unit for the project. For this alternative residential complex, 13 housing units will have 4 bedrooms, 14 will have 3 bedrooms, and each will have at least 3,000 square feet living space. The average to $300,000.00. selling price of the housing units will range from $275,000.00 Using the above statistical breakdown for the proposed action, the Town of Southold Assessors Office (June, 1990) provided the following estimated revenue value utilizing a each residential unit: "residential assessment ratio" of 2.55% of the market value for Housing Unit Market Value Residential Assessment Ratio Tax Base Per Unit 14 Housing Units 7012.50@ Housing Unit Market Value Residential Assessment Ratio Tax Base Per Unit 13 Housing Units $7650.00@ Project Total 164 = $275,000.00 = X 0.0255 = $ 7,012.50 = $ 98,175.00 = $300,000.00 = X 0.0255 = $ 7,650.00 = $ 99,450.00 = $ 197,625.00 I I I I I I I I I I I I I I I I I I I Thus, the assessment amount for the proposed residential alternative is $197,625.00. Since the 1989-90 tax rate (Figure 13) is 47.13 per hundred, total projected Town of Southold tax revenue is: $197,625.00 x 47.13/100 = $93.144.07 Thus, result for the proposal." In summary, this Alternative acts as a mitigation to the site development. Compared to the proposed action, the Alternative clusters the proposed houses and thus, reduces the amount of land requiring regradation, increases the amount of contiguous open space, provides for a greater distance from the wetlands, repositions Lot #18 on more level land and further away from the wetlands and provides a more rural setting with open land and clusters of houses. a projected tax revenue of Town of Brookhaven with $93,144.07 would this alternative 2. COMMENT: Absent, the acquisition alternative, we believe a more tightly clustered subdivision design can afford better protection of this site's wildlife habitat, steep slopes, freshwater wetlands, and visual aesthetics than that which is provided by the applicant's clustered subdivision design. The clustered subdivision map included in the document was useful to our review. Based on our evaluation, we believe that with minimum overall modification, a significantly greater degree of contiguous open space, wildlife habitat, and natural groundwater recharge area can be preserved. We have prepared a sketch plan incorporating the following 165 I I I I I I I I I I I I I I I I I I I design modifications, consideration. which is enclosed for the Town's -OVerall lot size reductions averaging approximately 30,000 to 35,000 sq. ft. (no lots are less than 30,000 sq. ft.) -Lots 13, 14, 15, 16, 17, 18, & 19 are relocated within existing development areas -The separation distance between the closest residential development and Laurel Lake is increased by approximately 200 feet -The separation distance between residential development and the site's freshwater pond will be increased by approximately 200 feet -Approximately 8 additional acres are provided within the site's southwestern open space area -Open space reconfiquration will create an open space preserve of approximately 26 contiquous acres along the properties western boundary acres (as proposed, southwestern open space is contained within two discontinuous parcels of approximately 9 acres each) -Lots 18 and 19 are relocated from within the adjacent area of the site's freshwater pond -6 additional lots will have open space frontage or views -1 flag lot (with access between lots 24 & 25) will be required in the vicinity of the norther "drainage area" -All steep slopes and wetlands will be protected 166 I I I I I I I I I I I I I I I I I I I -All views from Sound Avenue will be preserved -The proposed interconnecting roadway network is retained -Slight relocation of the northern drainage area will be necessary to accommodate one residential lot We believe the sensitivity of this site is well documented by its proposed public acquisition, its location within a core watershed protection area, and its proximity to Laurel Lake. We believe, therefore, that all efforts must be employed to assure the full protection of this site's many natural resources through the review alternative development designs which minimize the potential negative environmental effects of this action. (3) (5) (10) (11) RBPLY: This comment is so noted. A modified cluster alternative site plan (Plate 3) was prepared and the alternative layout discussed above. A. NO ACTION ALTERNATIVE 1. COHMBNT: The No-Action alternative does not include a thorough and in-depth discussion of development of site for public water supply purposes. The value of this site for watershed protection and public water supply cannot be ignored in this environmental review, particularly given the inclusion of this property in the Central Suffolk Special Groundwater Protection Area. (1) 167 I I I I I I I I I I I I I I I I I I I RBPLY: The site for the proposed action is situated within the Laurel Lake Woods Subwatershed of the Central Suffolk Special Groundwater Protection Area (Suffolk County Executive, 1990). Specifically, the Laurel Lake Subwatershed is described as an area that provides excellent opportunities for well siting and wellhead protection for the future needs of western Southold Town. According to the "Suffolk County Drinking Water Protection Program: Comprehensive Acquisition Plan" both the Suffolk County Water Authority and the Town of Southold have expressed a strong interest in this region (Suffolk County Executive, 1990). In accordance with these statements, Chief Engineer E. J. Rosavitch (i.e., Commentator #6) of the Suffolk County Water Authority stated that the SCWA has been considering the acquisition of watershed property around Laurel Lake since 1989. Municipal acquisition of property available within this area should ideally be an investment in both the water supply and the quality of life. The Macari at Laurel site "sits almost directly on top of the regional groundwater divide and has a current water table elevation of approximately 6 feet above sea level." According to Mr. Rosavitch this makes the Macari at Laurel site, and any other sites nearby, candidates for acquisition as watershed property and a potential source of supply for the Mattituck area. 168 I I I I I I I I I I I I I I I I I I I B. YIBLD ALTBRNATIVE 1. OOKMBHT: The density of the Yield Alternative should be adjusted as necessary depending upon the final feasible modified cluster determination of the Planning Board. (2) REPLY: This comment is so noted. 2. OOKMBHT: Discussions and computations in the Alternative analysis should be adjusted to reflect proper turf fertilization rates and sewage nitrogen values. (2) REPLY: The nitrogen budget for the yield alternative has been recalculated, utilizing the parameters presented above under Section IV-C-3 SANITARY WASTE. Further details regarding the actual calculations are presented within Appendix E: "Nitroaen Budaet for the Yield Alternative: The proposed 28 housing units under this alternative action will produce a total of 8,400 gpd (28 units @ 300 gpdjunit = 8,400 gpd) of wastewater into the groundwater from the individual septic tanks (based on Suffolk County Department of Health Services, Department of Environmental Quality: Standards for Approval of Plans and Construction for Sewage Disposal Systems for other than Single Family Residences, 1988). An estimation of the potential nitrogen-budget values from 169 I I I I I I I I I I I I I I I I I I I the yield alternative is as follows: Standard values for nitrogen concentrations calculated for groundwater from such sources as precipitation, upland forest, impervious surfaces, turf and pets, and septic charge are given in Section IV-C-3: SANITARY WASTE and Appendix E and will be used here. The 28 dwelling units will be populated, for nitrogen budget calculation purposes, by approximately 4 persons per unit, or a total of 112 persons. Site SDecific Calculations 1. Precipitation. 1.35 maIL is expected to recharge the groundwater at the site for this source. 2. Upland Forest, Old Field, Wetlands, and Replanted Indigenous Woody Vegetation. No fertilization will be applied to the combined areas (47.8 acres, or 75.1% total area) of preserved original ground cover, to the recharge basins, to the wetlands, or the replanted indigenous vegetation. Therefore, using weighted average calculations for the site: (0.1 mgjL) x (75.1% of the site) (0.1 mgjL) x (0.751) = 0.08 maIL 3. Impervious Surfaces. Impervious surfaces such as buildings and pavement will cover 12.3% of the site. Using weighted 170 I I I I I I I I I I I I I I I I I I I average calculations for the site: (0.4 mg/L) x (12.3% of the site) (0.4 mg/L) x (.123) = 0.05 maIL 4. Turf and Pets. The specific calculations are presented in Appendix E. Turf will cover approximately 8.0 acres or 12.6% of the site. Using a value of 25 pounds of nitrogen per 15,000 square feet of turf, 580.8 pounds of nitrogen is predicted to enter the groundwater at the site. In addition, since turf will be irrigated with 10.00 inches/year of a local water source, the background nitrogen level (i.e., assumed to be equal to the SCWA Distribution Area #58 (Captain Kidd) value of 6.45 mg/L) in this water source should also be added to the areas replanted with turf. Pets are assumed to contribute 0.41 lbs/person equivalent. For the calculations of the nitrogen recharge the number of persons expected to inhabit this development is assumed to constitute approximately 4 persons per dwelling unit, i.e., 112 persons. This gives an expected nitrogen production from the associated pet population of approximately 45.92 lbs (112 x 0.41 lbs nitrogen). The nitrogen production stemming from these pets is assumed to be deposited primarily in the areas covered by turf. Converting 626.72 pounds of nitrogen (580.8 lbs from turf fertilization and 45.92 lbs from pets) to a milligram value of nitrogen to be dispersed within the liters of groundwater 171 I I I I I I I I I I I I I I I I I I I recharge calculated. The resulting unweighted nitrogen loading (see detailed calculations in Appendix E) from irrigation, fertilization, and pet utilization of turf areas is 19.66 mg/L. Since turf covers 12.6% of the site, the weighted average results in the following: (19.66 mg/L) x (12.6% total site) (19.66 mg/L) x (0.126) = 2.48 mg/L N-loading Furthermore, considering the assumption that an average of approximately 57% of the nitrogen loading within turf areas will actually be recharged to the groundwater, the following weighted average for N-recharge results: (2.48 mg/L) x (0.57) = 1.41 maiL N-recharae Thus, turf, based upon a fertilizer loading of 25 nitrogen lbs/15,000 square feet, will contribute approximately 1.41 mg/L the groundwater at the site. In comparison, if the residential fertilizer application rate of 2.3 lbs/1,000 square feet (LIRPB, 1984) is utilized, 801.5 pounds of nitrogen from fertilizer and 45.92 lbs (112 x 0.41 lbs nitrogen) from the pets are predicted to enter the groundwater at the site. In addition, since turf will be irrigated with 10.00 inches/year of a local water source, the 172 I I I I I I I I I I I I I I I I I I I background nitrogen level (i.e., assumed to be equal to the SCWA Distribution Area #58 (Captain Kidd) value of 6.45 mg/L) in this water source should also be added to the areas replanted with turf. Converting 847.42 pounds of nitrogen (801.5 1bs from turf fertilization and 45.92 1bs from pets) to a milligram value of nitrogen to be dispersed within the liters of groundwater recharge calculated. The resulting unweighted nitrogen loading (see detailed calculations in Appendix E) from irrigation, fertilization, and pet utilization of turf areas is 24.00 mg/L. Since turf covers 12.6% of the site, the weighted average results in the following: (24.00 mg/L) x (12.6% total site) (24.00 mg/L) x (0.126) = 3.02 mg/L N-1oading Furthermore, considering the assumption that an average of approximately 57% of the nitrogen loading within turf areas will actually be recharged to the groundwater, the following weighted average for N-recharge results: (3.02 mg/L) x (0.57) = 1.72 maiL N-recharae Thus, turf, based upon a fertilizer loading of 1bs/1,OOO square feet, will contribute approximately 1.72 nitrogen to the groundwater at the site. 2.3 mg/L 173 I I I I I I I I I I I I I I I I I I I 5. Indigenous Replanted Vegetation. In addition to precipitation the areas replanted with indigenous woody shrubs (i.e., 2.1 acres or 3.3% of the site) will be irrigated with an estimated 10.00 inches of a local water source per year. In contrast to the areas replanted with turf, no fertilization is planned for the areas replanted with indigenous shrubs. Considering a weighted average for irrigation of replanted indigenous acreage on the site (i.e., 1.12 inches/yr or 1,967,278.57 qpy/acre x 2.1 acres; Appendix E) compared to the total water budget for the site (i.e., 29.87 inches/year or 51,588,229.40 qpy), incorporating the background nitrogen level in the local water source (i.e., 6.45 mg/L), and considering that 57% of the loading is likely to reach the groundwater, the following concentrations results: 0.12 mg/L. 6. Septic Discharge. In the calculations of nitrogen recharge from sanitary waste a multiplier of 4 person equivalents per dwelling unit is used. utilizing a separate septic system, approximately 5 (10 lbs loading, 50% recharged) pounds of nitrogen will be produced per person. In the computations below the nitrogen values for a separate sanitary system are calculated. Therefore: 112 persons x 5/365 lbs/person/day = 1.53 lbs/day Converting nitrogen to 1.53 pounds of nitrogen to a milligram value be dispersed within the 8,400 gallons per day of of 174 I I I I I I I I I I I I I I I I I I I septic effluent to enter the groundwater and adding the background nitrogen levels (6.45 mg/L; minus 50% removed by the standard sanitary system) for the local water source, the following concentration results: 25.11 mg/L. Since 1.78 in/yr of recharge (i.e., sanitary effluent value calculated over the entire site) has a nitrogen concentration of 25.11 mg/L, and the total recharge value for the entire site is 29.87 in/yr (including the sanitary component), then the actual septic discharge concentration is as follows: 1.78 in/yr / 29.87 in/yr = 5.96% total recharge Thus, the nitrogen concentration added to the groundwater at the site due to septic discharge is 1.49 mg/L (25.11 mg/L x 5.96%). The total rough estimated nitrogen concentration resulting from the proposed action is as follows: Precipitation 1.35 mg/L Upland Forest etc. 0.08 mg/L Impervious Surfaces 0.05 mg/L Turf 1.41 mg/L (1.72 mg/L) Indigenous Irrigation 0.12 mg/L Septic Discharge 1.49 mg/L Total 4.50 mg/L (4.81 mg/L) 175 I I I I I I I I I I I I I I I I I I I The nitrogen concentration values indicated for septic discharge is probably slightly undervalued, since there will not be complete mixing of the septic effluent discharge and the remaining portion of the total groundwater recharge. On the other hand, the designated turf on the site will be a low maintenance type, requiring little or no fertilization. In addition, the number of pets allowed to wander loose on the site is probably also exaggerated. Furthermore, the background levels added in these calculations will be derived from an on-site, local water source, and only 50 - 57% of this will be recharged to the aquifer. Consequently, this nitrogen budget, which includes the background values, is likely to be slightly exaggerated. The final estimated nitrogen concentration value of 4.50 mgjL, or 4.81 mgjL based on LIRPB (1984) fertilization, is probably a reasonably close estimate, considering the variables associated with this project. This value lies within the median value range of actually recorded nitrogen concentration values for similar density developments (approximately 3-5 mgjL) recorded by the Suffolk County Department of Health Services (1987), and it is somewhat higher than the median nitrogen value for "Low Density Residential, Unsewered Areas" of 3.5 mgjL (interquartile range [50% data] of 4.2) reported by Eckhardt, et al. (1989) in their recent analysis of the "Relationship between Land Use and Ground-water Quality in the Upper Glacial Aquifer 176 I I I I I I I I I I I I I I I I I I I in Nassau and Suffolk Counties, Long Island, New York." The resulting nitrogen loading value of 4.50 mg/L (or 4.81 mg/L) is substantially less than the 10 mg/L standard (New York State Drinking Water Standard, and that level recommended by the Long Island Regional Planning Board as a maximum acceptable nitrogen level within groundwater for Long Island). In addition, the nitrogen loading value of 4.50 mg/L (or 4.81 mg/L) is somewhat above the range of 2 to 4 mg/L recommended by the Long Island Regional Planning Board for the "Special Ground-water Protection Area Project for the Brookhaven Pilot Area" (1986), which is part of the pine Barrens Zone and the Hydrogeologic Zone III. However, it lies below the 6.45 mg/L value of municipal water in the area. Thus, the proposed action will result in a nitrogen recharge value actually lower than the value of the underlying aquifer." 3. COMMENT: VII-19. The last sentence in the second paragraph refers to the Town of BrOOkhaven instead of Southold. (1) RBPLY: This comment is so noted. The text of the D.E.I.S. Page VII-19 has been changed to the following: "Thus, a projected tax revenue of $93,144.07 would result for the Town of Southold with this alternative proposal." 177 I I I I I I I I I I I I I I I I I I I c. LARD ACQUISITION POTBNTIAL 1. COKNBKT: VII-21. The third paragraph on this page states that the Suffolk County Department of Real Estate has indicated an interest in acquiring the property, but that the owner of the property must initiate the process. Has the owner pursued this option? If so, what has been done. If not, why? (1) REPLY: According to Land Management Specialist IV and Acquisition Agent, Ms. Phyllis Haner of the SUffolk County Department of Real Estate (personal communication, 516-853-3801, September 23, 1991) the Department has singled out several parcels for potential acquisition within the immediate area around Laurel Lake under the 1/4 cent sales tax program. The parcels proposed for potential acquisition include the site for the proposed action. Currently an appraisal of the properties is taking place. The further along in the SEQRA process a proposed action is the higher the appraisal value. The Suffolk County Department of Real Estate will probably be making specific offers during the Spring. Each potential acquisition will be a negotiated sale. Dependent upon the appraisal value, the Department will make offers that the property owners then can accept or decline (personal communication, Ms. Phyllis Haner, 516-853-3801, September 23, 1991). 178 I I I I I I I I I I I I I I I I I I I To date (March 9, 1992) no offers are known to have been made to the Applicant and Owner of the site for the proposed action. In addition, the Applicant intends to maintain his constitutional right to develop his parcel (Appendix J). 2. COKKBBT: VII-21. The first and second statements made in the fourth paragraph should be documented. (1) RBPLY: This comment is so noted. The text of the D.E.I.S. Page VII-21 has been changed to the following: "Considering the relatively advanced stage of the proposed action in the SEQRA review process, the appraisal value may be significantly elevated. Consequently, the cost of acquiring this site might be economically unrealistic for the Suffolk County Department of Real Estate." 3. COKKBBT: The Land Acquisition Potential alternative should be updated to reflect the status of potential County acquisition. The project site does meet many of the criteria generally applied to sensitive parcels worthy of acquisition as outlined on Pages VII-22 to VII-24 of the Draft EIS. (2) RBPLY: As described above in further detail the Macari at Laurel site is part of a group of parcels currently being appraised by the Suffolk County Department of Real Estate for potential acquisition. Specific offers will probably be made 179 I I I I I I I I I I I I I I I I I I I during the Spring. In addition, according to Chief Engineer E. J. Rosavitch (i.e., Commentator #6) the Suffolk County Water Authority has been considering watershed property around Laurel Lake since 1989, and Mr. Rosavitch suggests that municipal acquisition of property available in this area be an investment in both the water supply and the quality of life. 4. COHHBRT: As stated previously, it is our understanding that funding for public acquisition of the subject parcel has been approved by SUffolk County. We support public acquisition for preservation as a use which will provide the best long-term protection of this site's natural resources. It is important to consider this parcel's location within a core watershed area in the Town, and the nearby location of Laurel Lake. Full site acquisition will preserve this parcel in its undeveloped state and provide for long-term groundwater, wildlife and open space resources protection without the requirement of increased public services (notably; increased education costs which are outlined in the document). We believe further attention to this alternative is warranted by the approval of funding, and encourage the Town to carefully consider public acquisition (through the Suffolk County Department of Real Estate) as a reasonable alternative. This may involve an offer by the applicant to Suffolk County to sell the property at a free market price. Depending upon the response of SUffolk County, other measures may be perused to 180 I I I I I I I I I I I I I I I I I I I preserve the benefits that accrue in keeping this parcel in its present state. (3) (4) (8) (10) (11) RBPLY: See previous reply. 5. COHMBHT: The Suffolk County Water Authority has been considering the acquisition of watershed property around Laurel Lake since 1989. In October and November of that year, the Authority had two appraisals done of the A. T. Holding Co. property referred to on page 1-4 of the DEIS. It is suggested that municipal acquisition of property available in this area would be an investment in both the water supply and the quality of life. The area in question sits almost directly on top of the regional groundwater divide and has a current water table elevation of approximately 6 feet above sea level (DEIS page III-50). This makes the site, and any other sites nearby, a candidate for acquisition as watershed property and a potential source of supply for the Mattituck area. (6) RBPLY: This comment is so noted. D. TRAIISPZR DEVELOPMEHT RIGHTS 1. COHMBHT: VII-22. The paragraph on the transfer of development rights is misleading. The Town has considered 181 I I I I I I I I I I I I I I I I I I I implementing such a program, but does not actually have one at this time. (1) RBPLY: This comment is so noted. 2. COMHBHT: VII-23. The Town's property records show that the applicant owns other property in the nearby vicinity to which development rights could be transferred, should the Town implement such a program. (1) REPLY: While the Applicant has interest in other properties within the Town of Southold, there is no other parcel with the same community of ownership as the site for the proposed action. Consequently, TDR is not a viable option in this case. IX. GROWTH-INDUCING ASPECTS OP THE PROPOSED ACTION 1. COMMENT: IX-1. The third sentence contradicts earlier statements that the tax revenues that would be collected by this subdivision would not cover the School District's costs. (1) REPLY: The increased tax revenues collected from the completed occupied Macari at Laurel subdivision would help offset, although they may not necessarily meet, increased costs for e.g., municipal services. X. CtJJWLATIVB IMPACTS 1. COMMENT: X-36. The cumulative traffic impact analysis mistakenly assumes that some proposed subdivisions will have 182 I I I I I I I I I I I I I I I I I I I access to both Sound Avenue and State Route 25. (1) RBPLY: This assumption is based upon the fact that the site plans for the A. T. Holding Corporation project, which was included in the cumulative traffic impact analysis, contained a roadway connection running into the MCFeeley development. This development had in turn access to State Route 25. 2. COMMENT: One of the wildlife impacts associated with the Macari at Laurel project is the loss of 44 percent of old field habitat present on the site, with associated stress on the species occupying this habitat potentially including two sparrow Species of Special Concern. The potential of this impact to be magnified by cumulative development pressures in the vicinity of Laurel Lake should be explored. If this impact appears to be significant, mitigation measures and/or performance standards should be established to apply to projects which are proposed within the study area. (2) RBPLY: The current attempts by the Suffolk County Department of Real Estate to acquire parcels of land within the vicinity of the Macari at Laurel site under the 1/4 cent sales tax program may lead to the acquisition of significant parcels of property within the cumulative area. Such separate parcels could through careful planning by the Town of Southold be connected via a network of natural corridors, such as peripheral buffers and other areas of designated open space (e.g., Plate 1 of the D.E.I.S.). Thus, the larger potentially acquired parcels could serve as significant sources of wildlife repopulation through the connecting network of corridors. 183 I I I I I I I I I I I I I I I I I I I Contiguous open space can also be achieved for the region by prudent long-range cluster development of proposed land tracts such that open space portions of each tract join other open space portions of adjacent parcels. Preservation can be achieved by strict clearing covenants and/or by Town designated dedications of open space. 3. COMKBBT: The United states Dept. of the Interior, National Wetlands Inventory and the NYS proposed Freshwater Wetlands Maps identify surface water and wetland features within the study area exclusive of Laurel Lake and the wetlands associated with the site. The Final EIS should explore the cumulative impact of isolating these habitats by "islands" of development, with proposed measures to link and protect these features and the exchange of wildlife and resources within the general Laurel Lake area. (2) REPLY: The surface waters and freshwater wetlands areas of the site are currently regulated by the NYSDEC and Town of Southold, which require that a minimum buffer of 100 feet and 75 feet, respectively, be left natural around any freshwater wetlands area. The proposed layout has created islands of designated open space areas, including all surface water areas and freshwater wetlands of the Macari at Laurel site. These islands are connected by natural corridors, with a few exceptions, thereby providing migration possibilities for even smaller or slowly migrating species of wildlife. By careful coordination the Town of Southold has the opportunity to ensure 184 I I I I I I I I I I I I I I I I I I I the preservation of more extensive corridors of open space, eventually connecting larger municipally acquired parcels. These parcels could potentially serve as important sources for wildlife repopulation. 4. COKKBRT: The subject project along with the peconic Homes, Jacoby and John McFeely projects all front on Laurel Lake. The impact of the change in land use density, open space value and configuration, and recreational utilization of the lake should be discussed in more detail as related specifically to Laurel Lake. Appropriate limitations and restrictions, and design considerations should be outlined in more detail. (2) REPLY: At present no recreational facilities exist on Laurel Lake. The lake is currently accessed from the several existing single-family homes aligning the northern shore of the lake. These homes are accessed via the Laurel Way right of way (Plate 1 of the D.E.I.S.). The proposed action does not intend to provide additional access to the lake. In addition, the proposed action will preserve a significant area of open space along its boundary on Laurel Lake. Should access be provided through the development of any other project, then the lake would almost certainly be used for recreational purposes such as fishing. However, the Town of Southold has the right to regulate activities on the lake. 185 I I I I I I I I I I I I I I I I I I I 5. OOKKBBT: The cumulative impacts section of the DEIS does not satisfy the Planning Board's requirement that a GElS addressing the cumulative impact of all proposed projects for the environmentally sensitive Laurel Lake area be prepared. Ideally, the DEIS should describe the biological setting of all proposed projects, and not simply address cumulative impacts in one abbreviated section. (11) REPLY: The Town of Southold originally requested that one Environmental Impact Statement (i.e., GElS) be prepared for the cumulative five specific projects, all of which were actively being pursued at the time of the request. These projects included the Peconic Homes, Douglas Miller, Daniel Jacobi, Joseph Macari, and A.T. HOlding. Since then, the Macari at Laurel project has been the only active project at the time of the preparation of the D.E.I.S. Thus, the D.E.I.S. for the proposed action discusses the potential impacts upon the environment of the development of the Macari at Laurel site. In addition, the D.E.I.S. includes a discussion of cumulative impacts from the potential development of six specific projects (covering a total area of approximately 330 acres) within the general area of the site. The six projects are the four major parcels (peconic Homes, Daniel Jacoby, Joseph Macari, and A.T. Holding) requested to be included into the "GElS" as well as two other major projects (i.e., Thornton Smith and John McFeely). The Douglas Miller parcel is of minor areal extent (i.e., 186 I I I I I I I I I I I I I I I I I I I approximately 8.2 acres). The extent of the general cumulative area (total area 1,030 acres) considered within the D.E.I.S. covers a major portion of the Laurel Lake Woods Subwatershed (Suffolk County Executive, 1990). The calculations included within the cumulative section of the D.E.I.S. were made under the assumption that the six projects would be developed while the land use of the remaining portion of the cumulative area would remain as it is at present. Consequently, the total layout of the cumulative area under existing and proposed conditions are as follows: Total Cumulative Area: Existing Developed Groundcover Acres Percent Acres Percent Unimproved 388 37.67% 464 45.05% Replanted: (610 ) (59.22%) (484.5) (47.04%) Turf 0 0.00% 37.0 3.59% Farmland 610 59.22% 435 42.23% Indigenous 0 0.00% 12.5 1.21% Impervious 0 0.00% 39.6 3.84% Surface Water 32 3.11% 32 3.11% Recharge Basins 0 0.00% 9.9 0.96% Total Acreage 1,030 100.00% 1,030 100.00% Septic Discharge 0 39,000 The developed scenario was based upon the following layout of the six projects, discussed above: six SDecitic Deve1oDments: Groundcover Existing Acres Developed Acres Unimproved Replanted: Turf Farmland 155 (175) o 175 231. 0 (49.5) 37.0 0.0 187 I I I I I I I I I I I I I I I I I I I Indigenous 0 12.5 Impervious 0 39.6 Recharge Basins 0 9.9 Total Acreage 330 330.0 Septic Discharge 0 39,000 Since the Macari at Laurel subdivision proposes to develop only one of these six sites. The bulk of the D.E.I.S. dealt with the conditions at the Applicant's site. The cumulative assessment of the potential development of the six specific projects was presented in Section X: CUMULATIVE IMPACTS of the D.E.I.S. 6. COKMBHT: The DEIS fails to include an adequate description or composite map of the other proposed actions. It simply ignores the Miller proposal for the property sandwiched between the wetlands on Laurel Lake and the Macari site. (See DEIS at X-5.) The cumulative impacts of the Macari and Miller projects on Laurel Lake and the wetlands would be considerably, and should be thoroughly analyzed. In addition, I understand that the McFeely project is proposed for the former Camp Malloy property. The DEIS refers to Camp Malloy in connection with the New York State conservation area as open space which could serve as a wildlife and avian habitat. (DEIS at X-14, X-16.) If Camp Malloy is indeed slated for development, the cumulative analysis in the DEIS is based on inaccurate information. These omissions and errors in the cumulative impact section must be corrected, 188 I I I I I I I I I I I I I I I I I I I and a new analysis performed based on accurate information. (11) RBPLY: See previous reply. The location of the six specific projects hypothetically developed within Section X: CUMULATIVE IMPACTS of the D.E.I.S. are indicated within Figure 168 of the D.E.I.S. In addition, the extent of the general cumulative area is demonstrated in Figure 16A of the D.E:I.S. document. This general cumulative area roughly coincides with the Laurel Lake Woods Subwatershed (Suffolk County Executive, 1990). The Miller Property is an 8.2 acre parcel located between the southwest corner of the Macari At Laurel site and the shore of Laurel Lake. Although the parcel is 8.2 acres, approximately 3.3 acres is designated wetlands and an additional approximately 1.4 acres is LILCO right-of-way. Considering Town wetland setbacks and parcel shape restrictions, probably only one (1), or possibly two (2) houses could be constructed. This would be a difficult parcel to develop considering the close approximation of the wetlands and the surface waters of Laurel Lake. Serious considerations such as erosion potential, wetland and surface water contamination, as well as zoning restrictions make this parcel nearly unfeasible for development purposes. Consequently, the extremely limited development potential for this parcel did not impact significantly on the regional situation and was not included in the Cumulative Analysis. 189 I I I I I I I I I I I I I I I I I I I Finally, although not broken down as to specific configuration within the D.E.I.S., the NYSDEC land and Camp Malloy (McFeely) are as follows: NYSDEC Town Southold Camp Malloy 12.7 acres 11. 4 acres 30.6 acres There are no plans to develop the Camp Malloy site, however, the Cumulative analysis considered this possibility as a worst-case scenario. The open space lands were also considered within the Cumulative analysis to continue as open space. In conclusion, the Cumulative Analysis of the D.E.I.S. did investigate the potential impacts for worst-case situations and did anticipate planned cluster configurations in order to provide for the most contiguous open space tracts. In general, an assessment of cumulative impacts contained within a Draft Environmental Impact statement, which was prepared for a privately-owned property, will give a fairly general overview over the combined impacts of specific developments within the area. A more in-depth analysis of cumulative impacts should be included within a municipal master plan, or a municipal GElS. 7. COMMlurr : The DEIS also fails to analyze the cumulative effect of the Project and the other proposed developments on Laurel Lake or its wetlands. The increased nitrogen concentrations may result in a degradation of water quality and the eutrophication of the lake. The DEIS should also discuss ;f-- the impact that the increase in local population would have on the lake in terms of increased recreational use (i.e., swimming, 190 I I I I I I I I I I I I I I I I I I I boating and fishing) of the Lake. The DEIS also fails to address the cumulative growth inducing aspects of the proposed projects. The influx of 325 residents to the area may increase demand for business services and induce new commercial and retail developments. This secondary impact of the proposed developments should be addressed. (11) REPLY: An extensive Cumulative Analysis is provided within the D.E.I.S. and additionally requested data is provided above. Although most of the projects formally proposed for development, are no "on hold." Since the status of each of the projects could change, especially as market demand changes, the Cumulative Analysis examined the potential environmental consequences if they were developed as once proposed. Nitrogen-loading was calculated and considered in light of nearby wetlands and surface water of Laurel Lake (see D.E.I.S., X). A significant potential impact onto the Lake are the. numerous residences on small lots, especially adjacent to the eastern shore front area. Future development will be constrained to large lots and subjected to strict wetland setbacks. 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