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HomeMy WebLinkAboutFive Year Plan Findings Statement 06/24/2003Vrj SUFFOLK COUNTY WATER AUTHORITY Stephen M. Jones I Administrative Offices: 4060 Sunrise Highway, Oakdale, New York 11769-0901 Chief Executive Officer (631) 563-0219 RECEIVEtt~ax (631) 563-0370 TO: United States Army Corp of Engineers NYS Commissioner of Agriculture and Markets SEP 1 2 2008 NYS Secretary of State NYS DEC, Division of Environmental Permits Socthcld Tav~n Clerk NYS DEC, Region 1, Regulatory Affairs Suffolk County Department of Health Services, Bureau of Drinking, Water Suffolk County Department of Parks Suffolk County Department of Public Works Town of Riverhead Town of Southampton The Honorable Joshua Horton, Supervisor, Town of Southold Riverhead Water District Central Pine Barrens Joint Planning and Policy Commission Long Island Railroad NYS Environmental Facilities Corporation Interested Parties FROM: Stephen M. Jones, CEO RE: Five Year Water Supply I for e Town of Southold DATE: July 21, 2003 Please find enclosed the Findings Statement for the Suffolk County Water Authority's Five Year Water Supply Plan Update for the Town of Southold. The Suffolk County Water Authority Board authorized the release of the Findings Statement at its June 24, 2003 meeting. Please feel free to contact my office if you have any comments on the proposed plan. Enclosure State Environmental Quality Review FINDINGS STATEMENT Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 N.Y.C.R.R. Part 617, the Suffolk County Water Authority, as lead agency, makes the following findings. Name of Action: Adoption of Five Year Water Supply Plan for the Town of Southold Type of Action: Type I Action Location: Town of Southold Contact Person: For more information contact Timothy J. Hopkins, 4060 Sunrise Highway, Oakdale, NY 11769, (631) 563-0236. A~ency Jurisdiction: Public Authorities Law Article 5, Title 4 Date Final EIS Filed: June 24, 2003 Description of Action: The DGEIS and FGEIS provided detailed analysis of different options that SCWA will consider when determining how to provide water for the residents of the Town of Southold for the next five years. This Plan recognizes that SCWA will need to be flexible and adapt to the changing conditions, both physical and regulatory, that affect how SCWA produces water for the Town. The underlying assumption of this Plan, is that SCWA will be required to serve those areas identified in the Water Service Area Map adopted by the Suffolk County Department of Health, SCWA and endorsed by the Town of Southold. Currentl}~, SCWA operates many small capacity wells within the Town. Extensive testing indicates that are no areas in the Town that have the ability to support large capacity wells. In addition, water quality trends indicate that treatment may be required on many if not all of the wells in the future. It is also necessary to anticipate regulatory changes that would require SCWA to install treatment systems on many Southold wells to treat water that presently meets all applicable standards. In addition, it appears that treatment systems may not be feasible to treat some of the water quality issues encountered in the Town. Selection of individual components of the Plan will depend upon the costs and benefits of any particular option. The analyses offered in the DGEIS are intended to guide SCWA in performing this balancing of options for the next five years, The options from which SCWA will choose are discussed below. Fin. dines: A. Sufficient water exists in the Town of Southold to support full build out of the Town SCWA finds that the aquifer system within the Town of Southold has a sufficient quantity of water to provide for the Town of Southold even if the Town is developed to the fullest extent allowable under current zoning. The DGEIS analyzed the hydrogeologic conditions of the Town and reviewed studies of Leggette, Brashears, & Graham, ERM-Northeast, Camp Dresser & McKee and development projections of the Suffolk County Department of Planning to determine whether a sufficient quantity of groundwater exists in Southold to serve the needs of the Town. This review indicated that the required quantity exists. The study also noted that while a sufficient quantity groundwater exists, the quality of that groundwater is compromised. Thus, SCWA would need to install extensive and widespread treatment systems throughout the Town if it was to rely exclusively on the Town's groundwater resources to meet the Town's demands. The impacts of relying solely on the Town's groundwater resources are significant. B. SCWA can purchase water from the Town of Riverheau Water District without having significant environmental impacts SCWA finds that, in accordance with the report prepared by HZM, the Riverhead Water District consultant, if valves are installed on the water mains on Pier Avenue, Manor Lane and Herricks Lane, SCWA would be able to obtain up to 1,500 gallons per minute at the proposed Sound Avenue interconnection. The proposed interconnection will require the installation of approximately 8,300 feet of main on Sound Avenue from Cox Neck Lane to the Riverhead system. SCWA further finds that there may be significant environmental impacts associated with the construction of a water main along Sound Avenue for two reasons. If main is installed between Cox Neck Lane and the Riverhead system the mains would front on parcels in Agricultural District No. 1. There is a potential that access to the public water within the mains may encourage the conversion of farm parcels to non-farm uses. Second, the installation of the main would be inconsistent with the Water Supply Map as discussed in the DGEIS. The Map, adopted by the Suffolk County Health Department, SCWA and endorsed by the Town of Southold was intended to guide where water main service was to be provided. SCWA finds that these impacts can be mitigated by designating these mains as transmission mains and adopting a policy which prohibits parcels that are within Agricultural District No. 1 or undeveloped from connecting to the main. This policy would be consistent with Agriculture and Markets Law §305, the mitigation measures discussed in the DGEIS and would not have a significant impact on the groundwater resources. There would be no significant impact on groundwater resources because as a requirement of service, SCWA would require that if an existing unit presently served by a well wanted public water service that the well serving the unit be disconnected. Thus there would be no additional withdrawal from the aquifer to serve to the 2 newly connected unit. Another mitigation measure is the ability of the Town to designate new areas on the Water Service Map with Health Department approval as eligible to receive public water. SEQRA regulations require that Generic Environmental Impact Statements identify what, if any, additional approvals or environmental review would be required if the action proposed is implemented. If SCWA establishes an interconnection with the Riverhead Water District, the Town of Riverhead would need to approve the contract providing for the sale and may need to approve a road opening permit. Road opening permits maybe required from the County of Suffolk and the Town of Southold as well. Because H2M determined that Riverhead has additional capacity, further environmental review should not required if SCWA enters into a contract with the Town. C. SCWA can develop 2 wells at the Hallockville Museum Site without significant impact to the environment According to SCWA's consultant, Camp Dresser McKee, two wells withdrawing up to 1 million gallons of water per day could be operated at the site without significant adverse impact to the Magothy Aquifer. The Hallockville site is approximately 0.5 miles from the Town of Southold. If the Sound Avenue interconnection was established the water developed at this site could be transmitted into the Southold system via those mains. If the mains were not installed, SCWA could install mains within Sound Avenue. There are two significant environmental impacts associated with developing the wells at the site. The first is the visual impacts associated with developing the well and the second is the same as the impact discussed in the preceding section. SCWA finds that the visual impacts associated with the well can be mitigated in three ways. First, if the chemical treatment building, which houses the equipment which treats the water produced at the site. If located on site, SCWA can position the building behind an existing building on the site. By locating the chemical treatment building behind an existing building, the building will not be readily visible. Second, SCWA finds that if the chemical treatment building is designed to resemble a farm building it will be undistinguishable from the existing buildings at the site. Third, if SCWA has not interconnected with the Riverhead Water District, it could install mains to transmit water directly from the Hallockville site to-the SCWA facility at Laurel Lake. At the Laurel Lake facility, the water produced by the Hallockville well could be treated in the existing chemical treatment building. By transmitting the untreated water to Laurel Lake, both impacts associated with the wells at the Hallockville site will be mitigated; first there would be SCWA buildings at the site; and two, new interconnections could not be permitted to the main along Sound Avenue because the water would not be treated for consumption purposes. Prior to operating the wells at the Hallockville site, SCWA would apply for the appropriate permits from the New York State Department of Environmental Conservation. A site specific environmental review may be required as part of the permit process. If the installation of mains is required, SCWA may need to obtain a road opening permits as described in the preceding section. SCWA finds that as an alternative, SCWA could purchase a parcel near the }Zverhead- Southold town line that is withimthe Town of Southold from which wells could be developed that draw water from the Magothy aquifer. Developing these wells would require the same review as required for the Halloclcville wells. D. SCWA finds there are beneficial impacts for maintaining some wells in the Town of Southold SCWA finds that there is sufficient groundwater within the aquifer system of the Town to supply the Town's needs even at projected full buildout. However, while the quantity of water is sufficient, the quality of much of the resource is compromised. SCWA further finds that it is beneficial to have a system of wells in the Town as an operational strategy. Operating wells in the Town allows SCWA to maintain multiple sources of water which reduces reliance on a single source. By maintaining several sources of water, if one source is temporarily unavailable water could be provided from other sources. By operating wells in the eastern portion of the Town, SCWA does not need to move water from the western portions of the Town to serve the eastern portion. SCWA finds that treating water with elevated levels of chlorides is not feasible. The technology exists to remove chlorides from water. Elevated chloride levels in production wells is usually associated with either lateral or vertical saltwater intrusion. Typically, SCWA lowers the operating capacity of the affected well or discontinues its use. SCWA could build a desalination facility but as noted by the DGEIS such facilities require large buildings, are costly to operate and generate large amounts of waste. As a general policy SCWA would not develop treatment systems to remove chlorides. SCWA finds that the installation of granulated activated carbon filters to treated water with elevated levels of VOCs and SOCs does not have a significant impact on the environment. When a well produces water which is high in VOCs or SOCs, an appropriate response would be to install a granulated activated carbon filter unit on the well. SCWA is well versed on how to install, operate and maintain carbon filters. SCWA has several units that can be installed on a temporary basis. Furthermore, the units are not enclosed within a building and thus do not require the construction of a building which has permanent visual impacts. Lastly, the carbon within the units can be reactivated by a SCWA contractor who is responsible for disposing of the waste generated by the unit in an appropriate manner. To mitigate the visual impacts of the installing GACs units on Southold wells, SCWA would install SCWA will install GAC filters on the largest capacity wells first. 4 If the impacts to a well is not transitory, SCWA will investigate installing permanent treatment within a specifically constructed building. When determining which wells to install permanent treatment, SCWA will analyze the yield of the well and whether additional wells, on site or off, could utilize the treatment systems. The goal would be to create treatment clusters from which the water from several large capacity wells could be centrally treated. Economies of scale could be realized by clustering treatment facilities without the widespread proliferation of treatment systems. One candidate for this type of treatment facility would be the Kenneys Road and Middle Road well fields in Peconic. While most cost effective treatment systems can be implemented for most chemicals of concern, wells impacted by elevated nitrate or perchlorate levels present a different set of issues. It is very expensive to develop systems to treat water with high nitrate levels. Currently the most efficient way to address elevated nitratelevels is to blend water with high nitrates with water with lower nitrate levels. This solution presumes the existence of lower nitrate level water that can be used for blending purposes. If such water is unavailable, SCWA may abandon the well. SCWA finds that no new treatment systems for nitrates will be installed. SCWA also finds that the use of the existing nitrate removal system at the North Road wellfield should continue. SCWA has detected perchlorate in 11 of the 30 wells it operates in the Town of Southold. The combined actual capacity of the 30 wells is 4,195 gallons per minute (gpm). The Uriited States Environmental Protection Agency is considering lowering the drinking water standard for perchlorate. It appears that EPA is analyzing the benefits and costs of different standards ranging from 0 to 5 parts per billion. Current reliable detection limits, using state of the art laboratory equipment is 0.5 parts per billion. If the EPA selects a level of 2.0 parts per billion or less, water produced at I 1 wells will not meet the revised perchlorate standard and will not be useable by SCWA. This represents a potential capacity loss of 2,800 gpm. There are several options for removing perchlorate from groundwater. The DGEIS analyzed each option. The simplest solution for treating water with perchlorate would be pass the water through a GAC unit. However, carbon filters are effective at removing perchlorate for only short periods of time. When a GAC unit is used to treat perchlorate, the carbon needs to be replaced frequently. Whereas, typically carbon is effective at removing VOCs or SOCs for a period of years, it will remove perchlorate for only several months before it is ineffectual and the carbon must be replaced. SCWA Ends that site specific determination on whether to treat perchlorate in a well should be made if and when a perchlorate level in a well exceed standards. This determination should include a balancing of the impacts and benefits of installing a perchlorate treatment system. E. Water can be transmitted from the Central Pine Barrens Region to the Town of Southold without significant environmental impact As the DGEIS analyzed there is a plentiful supply of water that is free ofhuman-induced 5 contaminants located to the west of the Town of Southold. Abundant supplies of high quality groundwater lies beneath the Central Pine Barrens region. Since the passage of the Long Pine Barrens Protection Act of 1993 development in the region is regulated by the Central Pine Barrens Joint Planning and Policy. SCWA finds that the water resources of the Central Pine Barrens region far exceed the potential demand for them and represent a high quality source of water for the residents of the Town of Southold. SCWA has several options for bringing water into the Town. First, either a new well can be developed to provide water for transmission into Southold or water from an existing well can be transmitted. The DGEIS analyzed the impacts related to developing a well in Flanders that would provide water to the Town. If a new well was developed, a New York State Department of Environmental Conservation permit would be required. As part of the DEC application, well specific impacts would need be analyzed. There are several potential impacts associated with bringing water to the Town of Southold. First, there are construction impacts associated with installing a new main between the Central Pine Barrens and the Town of Southold. Second, if a new wellfield is constructed, there will be impacts associated with the construction of the wellfield. Third, there may be growth inducing impacts. SCWA finds that the construction impacts associated with installing the main and developing the wellfield can be mitigated through standard practices of SCWA. SCWA finds that the preferred approach for the main would be along Peconic Bay Boulevard. This approach will minimize the impacts of the main construction and limit the installation of main to areas within the Town of Southold that are designated to receive water services. The growth inducing impacts and proposed mitigation measures are discussed below. Lastly, according to SCWA's consultant, Camp Dresser McKee, there would be negligible impact to the groundwater levels within the Town of Southold by transmitting water from outside the Town to the Town and recharging the same in the Town. Approvals required include applying for and receiving a permit to operate a public water supply well from the New York State Department of Environmental Conservation, road opening permits from the County of Suffolk, the Towns of Riverhead, Southampton and Southold, permission from the Long Island Railroad to cross its tracks in Riverhead, permission from the U. S. Army Corp of Engineers and the New York Secretary of State to cross under the Peconic River, a navigable water way and from the County of Suffolk if the main is installed within Indian Island County Park. Site specific environmental review would be required if new wells are proposed. F. Mitigation Measures The DGEIS examined several different measures which could be implemented by SCWA 6 or other agencies to mitigate the impacts associated with adopting a water strategy for the Town of Southold. Mitigation measures analyzed by the DGEIS fall within three general groups. The first group concerns the practical issues on how to provide high quality potable water to the Town's residents. These measures include: (a) treating the water produced at existing SCWA wellfields, (b) transmitting water produced outside the Town of Southold to serve Southold, (c) implementing. an Agricultural Watershed Program to encourage low impact agricultural uses near existing wellfields which will lessen the potential for agricultural practices from affecting the quality of the groundwater produced by the well and (d) purchasing and transmitting water from Riverhead Water District. The second group were methods for reducing the growth inducing impacts of increasing the amount of water available within the Town. These measures include: (a) eliminating SCWA's 75 foot rule allowance for projects converting agricultural lands, (b) analyzing the opportunities afforded by the Agriculture and Markets Law to prevent the conversion of agricultural district lands to non-farm uses, (c) advocating for purchases of additional agricultural lands and development rights from farms within the Town of Southo]d from various sources, (d) supporting the renewal of Agricultural District Number 1, and (e) implementing recommendations of Suffolk County Agricultural Protection Plan. The last group analyzed methods for reducing the demand for water within the town. These measures encouraged the Town of Southold to: (a) impose mandatory restrictions on irrigation dependent vegetation and clearing amounts, (b) require the installation of water saving devices, (c) implement anon-contiguous cluster program allowing development rights to be transferred within the Town, (d) encourage other uses for non-contiguous cluster rights and (e) require mandatory clustering and conservation subdivisions. Facts and Conclusions in the EIS Relied U on to Su ort the Decision I. PURPOSE NEEDS AND BENEFITS SCWA is at a criticaljuncture in supplying water to its customers in the Town of Southold. Presently, SCWA operates a system that relies on a series of low capacity shallow wells that draw water from an aquifer tense that has large amounts of water of compromised quality. The quantity of water within the aquifer is sufficient to supply the entire Town, even at full build out. Relying solely on the Southold aquifer will require that SCWA develop more shallow capacity wells and initiate a program of installing treatment facilities on every well. Such a program would include impacts to the visual resources of the Town, waste disposal and fiscal impacts. SCWA is proposing to adopt a Plan to supplement the existing SCWA system with water sources that do not require significant treatment. SCWA will attempt to create more interconnections between the largely independent Southold system and the largely interconnected 7 water distribution system to the west The benefits of the proposal are numerous. First, SCWA would not be dependent on the shallow low capacity wells but rather those wells would be buttressed by a supply of water that does not require extensive treatment. Second, the amount of water within the Southold system would be increased. This would provide for additional fire protection and allow for main extensions to serve areas identified by the Town and the Suffolk County Health Department including the Health Department priority areas. Third, because these new water sources are outside the Town of Southold fewer large systems can be installed. Lastly, by selecting from the range of alternatives identified in the DGEIS, SCWA can design a system that minimize environmental impacts. II. GROWTH INDUCING IMPACTS It has been alleged that the introduction of public water into areas that were previously unserved encourages development. While the point is debatable, the Town of Southold controls development in the Town. SCWA can however shape the manner in which land is developed through the adoption of watershed ndes and regulations that must be approved by the New York State and Suffolk County Health Departments. SCWA encourages agencies withjurisdiction over land use issues to analyze development trends in the Town and engage in planning efforts to tailor future development in a way that meets the Town's objectives and preserves and protects the aquifer. The DGEIS identifies several measures that can be enacted to prevent the conversion of farmland to non-farm uses. These measures include eliminating SCWA's 75 foot rule allowance for projects converting agricultural lands. SCWA currently has a provision by which it grants an allowance of 75 feet of free water main for residential units which are not located on an existing main. The applicant receives an allowance equal to the installation of 75 feet of water main as part ofthe SCWA's extension of mains to serve the applicant's house. SCWA could eliminate this allowance for main extensions that involved the conversion of agriculture lands to residential development and mitigate growth inducing impacts. Second, if SCWA or a governmental unit was to fund the provision of public water to non-farm structures within the Agricultural District, Agriculture and Markets Law requires that SCWA or other entity demonstrate that the proposed action minimizes adverse impacts on agriculture. This demonstration would take the form of a study that analyzes the proposed project, its impacts and the reasonable alternatives. The Commissioner of Agriculture is empowered to restrain a public entity from funding the project if adverse impacts to the Agricultural District could occur and require the entity to act in a manner consistent with one of the alternatives analyzed or the Commissioner may select another alternative that would minimize the adverse impacts to the District. If mains were installed in front of Agricultural District parcels, SCWA could designate the mains as transmission mains and not permit service connections to the mains. 8 SCWA encourages Suffolk County to continue the purchase of lands that are within the Southold Special Groundwater Protection Area pursuant to the Suffolk County Drinking Water Protection Program. Under this program, revenues from a special sales and compensating use tax of 1/4 of 1% provide funding for sewer district tax rate stabilization, environmental protection and property tax mitigation. Within the environmental protection category funds can be expended, for among other things, the purchase of lands within SGPAs, the purchase of lands that are necessary for maintaining the quality of surface and/or groundwater. Additionally, the program provides funds for the purchase of farmland development rights. The purchase of farmland development rights ensures that farms generating the development right cannot be converted to non-farm uses. Suffolk County can also make purchases of farmland development rights pursuant to the County's Community Greenways Fund. SCWA advocates the renewal of Suffolk County Agricultural District Number 1 which expires in 2003. Pursuant to the Agriculture and Markets Law, the Suffolk County Legislature can continue, modify or terminate the district upon reports of the County Agricultural and Farmland Protection Board and the County Planning Department pursuant to Agriculture and Markets Law Section 303-a. The County could recommend that the District be extend for either 12 or 20 years as permitted by the law rather than eight years and work to add more properties to the District. Lastly, if the recommendations of the Suffolk County Agricultural Protection Plan were implemented the potential for the conversion of active farmland to non-farm uses would be lessened. SCWA encourages the Town to implement measures that would reduce the demand for public water in the Town. SCWA estimates that during the winter months approximately ]0% of its wells are in use to meet the demand for water. In contrast, in the summer months SCWA operates nearly every one of its wells to meet demand. The increased demand is largely attributable to irrigation system use. If the demand for water could be curtailed, SCWA would not have operate its system at full capacity, it would allow more water to be available for fire protection and would reduce pressure peaks and drops that occur concurrently with periods of high water demands. There are several methods that the Town can adopt to reduce water demand. Southold could adopt a local law permitting the irrigation of only 15% of any lot area. The restrictions could be incorporated into any building permit issued by the Town. By encouraging the retention of native areas, limiting clearing and restricting the amount of irrigation that could be operated on a specific parcel, demand for public water could be reduced. Implementation of this recommendation would be consistent with the recommendations of the Specia] Groundwater Protection Area Plan and would be further protective of groundwater quality than upzonings to 5 acres alone. The restrictions could take the form of covenants and restrictions imposed by the Town in reviewing all future subdivision and building permit applications. r Second, the Town could require new buildings to install water saving devices, such as low flow faucets and toilets. These devices would reduce water consumption in the Town. Third, an opportunity exists for the Town to harness the market forces on the development of undersized, according to current zoning, infill lots to protect lands it identifies as "critical" through the creation of anon-contiguous cluster program. Under the program, the potential developer of the infill parcel that has less area than current zoning requires, would be required to acquire a right before the infill lot could be developed. The right would be allocated to an owner of a critical parcel based on the critical parcel's current zoning. The rights would be allocated only after the owner of the critical parcel makes a promise in the form of an easement to maintain a specific land use on the critical parcel. These rights would have significant value by allowing otherwise undevelopable lots to be developed. The amount of rights that would have to be redeemed before an undersized parcel could be developed would be equal to the difference between the area of the infill parcel and the amount of area required by infill parcel's current zoning. As an example, an 10,000 square foot parcel in an area that requires 40,000 square foot of area would need tc acquire 30,000 square feet of development rights. Adoption of this program would be advantageous to SCWA for three reasons. First, infill lots are generally located in areas of existing water mains. Thus SCWA would not be required to install large main extensions to serve new development within the Town. Second, as development rights are purchased from critical lands, which could include farm lands, the potential for conversion of farmland would be reduced. Third, the reduction in the conversion of such parcels, would lessen demand for lengthy main extensions into agricultural areas, which would make the cost for converting other farmland to non-farm uses lower. The Town could require the Zoning Board of Appeals to require the redemption of non- contiguous cluster rights in three instances. The rights could be required whenever an undersized lot is proposed for development. The amount of rights required would be equal to the difference in the undersized parcel size and the area requirements of current zoning. The Zoning Board of Appeals could require the redemption of rights before allowing a previously merged lot to be unmerged. Lastly, Zoning Board of Appeals could be prohibited from granting lot splits that result in the creation of undersized parcels without the redemption ofnon-contiguous rights. The Town could adopt local laws requiring mandatory clustering and conservation subdivisions to minimize the destruction of farmland and woodlands which would reduce the amount of run-off and recharge of degraded water to the aquifer. Conservation subdivisions lessen the total potential demand for public water by reducing the number of units that could be built. ]0 CERTIFICATION OF FINDINGS TO APPROVE/FUND/CTNDERTAKE Having considered the Draft and Final EIS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 N.Y.C.R.R. Part 617.11, this Statement of Findings certifies that: The requirements of 6 N,Y.C.R.R. Part 617 have been met; 2. Consistent with the social, economic and other essential consideration from among the reasonable alternatives available, the action is one which avoids or minimizes adverse environmental effects to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized by incorporating as conditions to the decision those mitigative measures which were identified as practicable; and 3. If a State agency is making a final decision in the coastal area, that the agency has made a written finding that the action is consistent with the waterfront revitalization program to the maximum extent practicable. SUFFOLK COUNTY WATER AUTHORITY Name of Lead Agencv S' a r f esponsible Officer Stephen M. Jones Name of Responsible Official Chief Executive Officer Title of Responsible Official 21, 2003 Date 4060 Sunrise Hi hwav Oakdale New York 11769 Address of Agency 11