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HomeMy WebLinkAbout1000-80.-5-2.1A4 LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). ,ECEIVE MAR 2 5 20]3 Southold Town Board of Trustees 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION Peter Cosola: replace storm damaged bulkhead with vinyl bulkhead, 20' returns, splash pad and non-turf area landward of bulkhead. Restore storm damaged vegetation. Upper deck has CO and requires no work. Lower deck in non-turf area is existing and will be replaced, as needed, due to bulkhead construction. Steps to beach reconstructed as needed due to bulkhead work. SCTM# 1000- 80-05-2.1 430 West Shore Drive, Southold ~ The Application has been submitted to (check appropriate response): t~ (q,,pv 'q ~ Town Board 1. __ Planning Dept. Building Dept. Board of Trustees __ _ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: X Nature and extent of action: Peter Cosola replace storm damaged bulkhead with vinyl bulkhead, 20' returns, splash pad and non-turf area landward of bulkhead. Restore storm damaged vegetation. Upper deck has CO and requires no work. Lower deck in non-turf area is existing and will be replaced, as needed, due to bulkhead construction. Steps to beach reconstructed as needed due to bulkhead work (exempt from LWRP). Location of action:430 West Shore Drive, Southold Site acreage:.5 acre Present land use: residential- existing structures built 1950's; preexisting bulkhead; upland structures (decks) have CO's Present zoning classification: r-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Peter Cosola (b) Mailing address:430 West Shore Drive, Southold (c) Telephone number: Area Code ( 917 ) 972-1589 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. XYes No Not Applicable property improved with a residence, cantilevered upper deck and small platform deck landward of bulkhead. Existing bulkhead was damaged by Sandy storm. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No XNot Applicable Attach additional sheets if necessary Attach Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria XYes No Not Applicable all structures built prior to zoning, upper deck built in 1984 with CO. additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria XYes No Not Applicable existing bulkhead will be replaced. Bulkhead protected property from storm. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not ApplieableX Attach additional sheets if necessmy Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. XYes No Not Applicable Attach property will be restored after storm, vegetated areas will be replanted and maintained. additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No XNot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No XNot Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable all structures existing landward of bulkhead area between Mean Low Water and Mean High Water is not affected. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Attach Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. XYes No Not Applicable all structures landward of Town waters. additional sheets if necessary Attach Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No XNot Applicable </div> PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretaries March 25, 2013 Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Re: 1000-80-05-2.1 (Cosola) Dear President King and Board: Enclosed is a wetland permit application to replace 100' linear feet of storm damaged bulkhead with vinyl bulkhead, 20' returns and Gl 0' splash pad landward of bulkhead. The upper deck (18.25' x 27' ) is existing and has a certificate of occupancy which is enclosed. The stairs to the beach will be replaced, as needed, due to the bulkhead reconstruction. lower deck (18'x 7')is landward of the bul ~khe~/aand is in~e "non-turf,area" behind the bulkhead. The The owner uses this area (which is seaward o£~fhe bank) to store l~s children s kayaks, beach chairs and toys, the existing wood bench and small v0od retaining wall is l~ndward of the bulkhead. The area landward of the bulkhead is flat and will/be maintained ~s a. nonpurf area behind the bulkhead. The owner wishes to retain this area with deciding. The decking is "pervious" but if the Board prefers the grate material over the splash pad, Mr. Cb~,ola is willing to ~re4flace the wood decking with the grated material. The bank behind the existing wood~a~ll/b6nch will be re-vegetated and restored (pre- storm conditions) Enclosed for your file are the following documents: Trustee application for wetland permit A copy of photographs of the pre-storm bulkhead, retaining wall, decks and bench. The owner does not intend to proceed with the previous application as it does not reflect his current plans. We can either abandon the previous application or we will allow it to lapse. If you need anything else please do not hesitate to contact me. ~ ' 'aC. Moore cc:Mr. Cosola 83/85/2012 11:32 63176526~ CDRCORAN NF PAGE 81/82 FORM NO.~4 TOWN OF SOUTHOLD BUILDING D£PAR~MENT Office of the Building Inspector Town Hall Southold, N.Y, Certificate Of Occupancy No. Z1~8 July 31 ............. Date . THI~ CERTIFIES that the buildin~..D.e, c..k..Rd. ~ .i .t~i,q L~. J;.o.. q ~ ~-At~ ~,l~ g. ,h U ;L i~L/, n g ...... LoemtiunofP~ope~ty ~30 West 3hore Drive Coun~ T~ ~a~ No. lO00 ~eo~ion .q~ ~ ........ Block . .N3 ........... Lot...~0~ ........... b"ubdivi~io~. ~syclon .............................. Filed Mnp No ......... ]Lo~ No. ~.l.-.~t ....... con£orms substunfi~ly ~ the Appll~tion Eot Buildin~ ~e~it ~e~oEo~ ~/~3 ~/~pu ntt w~chB ildi gP~fitN 1~1~ ..................... ~19, I~a 0 ~ ~ O ................... ..................... ~ was iSSUe, ~d ~onf0~S ~O ~ of th~ roq~r~s of the ap~li~bl, pro~sions of ~e hw. ~ oc~upancF for w~0h i~s c~i~l~ is ~d is ......... ~e~ficatei~J~ucd to D. ANN~NOS of ~O afor~a/d building. ~uffo~ County De~t of H~lth App~l ....... ~<~ ........... ~RWR~sRS ~R~ NO ............... ~.~ ............................... Building Inspector 03/05/2012 11:32 531765; CORCORAN NF PAGE 02/02 TOV~N OF ~OUTHOLD TOWN HAM~ $OUTHOLD, N. Y, BUILDING P £P.J~.rr (THIS PERJVIIT MUST BE KEPT ON THE PREMISES UNTIL FULL. CC~vIPLETION OF THE WORK AUTHORIZED) Permission i~ hereby gronted to.' ........... i.-~...~...~..~.~./~.~.~ .......... ......... ...... ...... ..,~,~-_z~...~...:....Z........,.~.zo~-o ~' ........... ,~ ........ · ~ . . ..................................... ~ ......... r~.~ ~ ~ ,~ ~ ~o. ~o ~,~ .~.~0 ......... ~,~ ..~.~ ......... m u~ ..~ ........ Rev. <~/30/aO 12/22/2011 13:53 631765~ OORCORAH NF PAGE 81/81 New York State Department of Environmental Conservation Division of Environmental Permits, Region '1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 LETTER OF NO JURISDICTION TIDAL WETLANDS ACT December 20, 2011 Joe Me,tens Commissioner 430 WSD LLC CIO Thomas Buchwalter 174 Mineola Bird Ste. 201.. Mineola, N.Y. 11501 Dear Sirs: Re: UPA #1-4738-04082/00001 Facility: 430 West Shore Drive, Southold, N.Y. SCTM #1000-80-5-2.1 Based ~)n the information you 'have submitted the Department of Enviro~mentai' Conservation (DEC) has determined that; The property landward of the bulkhead greater, than 1'00 feet in length .constructed .prior to 8/20177,. as evidenced on Aeroimage #72-2023 dated 4/6/76, and shown on the survey prepared by Roderick Van Tuyl dated 11/29/95, is beyond Article 25 (Tidal Wel~and) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. Please no,t~¢~'thi~ letter does not relieve you of the responsibility of obtaining any necessary, P~its ~~er agencies °r I°cal municipalities' ,.S, in~ere · , .?..tr?Or. .. ., :.... . cc: Nancy:C=e~'llS;: Fereshteh: Ghavimi, Hal:iita{-~i'Fil:~~ :':' ~''~: 1000-80-5-2.1 SHORE DRIVE, SOUTHOLD SCTM: 1000-80-5-2,1 ~HORE DRIVE, SOUTHOLD BAY ~// // SCTM 1000-80-05-1.1 1700 ON( DRIV~ ~U]HOLD, NY 11971 NOTES: I. ELEVATIONS REFER TO ASSUMED DATUM 2. LOT AREA: 17,149 S.F. / 0.39 ACRES 3. PORTiONS OF ~ FRO~ SURVEY PREPARED P~CONiC SURVEYORS, P.C, 1230 TRAV~J[R ~rREET, SOUTHOLD, NY 11971 SUR~'Y LAIEST DATED FEBRUARY 14. 2012 41" 41" --4 --- N 51'18'00" W 100.0 AUREL KARP,'~ MAR Soutl Board WEST SHORE DRIVE 5 20]3 d Town PROJECT LOCATION MAP PROJECT LOCATION PROP[~5' OWNER: Pt-1ER COSOLA NOTES: 4557 DAVIS St[-FT LONG ISLANO CflY. NY 11101 1. ELEVA11ONS REF[R TO ASSUMED DAIUM 2. LOT ARE~ 17,14g S,F. / 0.39 ACRES PREPARED BY: 5. PORtiONS OF FtAN FROt4 SURVEY PREPARED BY: JEFIEY PATANJO 106 HEY/fiT BOULEVARD PECONIC SU~RVEIIORS, P.C. CENTER MORICHES, NY 11934 1230 ?RAVELER SLEET, SOUfl4OCD, NY I1971 651-484-9352 SURVEY LATEST DATED FEBRUARY 14. 2012 u ~ld-Town Board of NYSDEPARTMENTOFENFIRONMENTA~5 CON$£RVATION 1/3,0/15 Pest management plays an integral role in the health and economic vitality of New York State. At the same time, improperly used pesticides have the potential to impact environmental quality. This draft Long Island Pesticide Pollution Prevention Strategy (Strategy) was developed in response to concerns over detection of pesticide-related constituents in the groundwater over time at various locations on Long Island and recognition of the importance of protecting the environmental while meeting critical pest management needs. The New York State Department of Environmental Conservation (DEC) regulates the registration, commercial use, purchase and custom application of pesticides. The Environmental Conservation Law (ECL) sets forth the state's policy regarding pesticide usage. ECL 33-0301. According to the ECL, pesticides, when properly used, are "valuable, important and necessary to the welfare, health, economic well-being and productive and industrial capabilities of the people of this state." ECL 33-0301. However, pesticides also present potential dangers to health, property and the environment if improperly used. ECL 33-0301. DEC exercises its broad regulatory responsibilities in consultation with the Departments of Health (DOH) and Agriculture and Markets (DAM) in order to protect public health and the enxSronment while ensuring that pesticides proposed for use in New York State are properly registered and applied for the benefit of agricultural and other economic enterprises that rely on pesticide usage. In the interests of providing further protection to Long Island's precious groundwater resources, DEC engaged the public, municipalities, agricultural and other regulated communities in a discussion on how to further protect Long Island's groundwater resources. As a result, DEC developed the draft Long Island Pesticide Pollution Prevention Strategy. Implementation of the Strategy will enhance DEC's existing regulatOrY program using principles ofpollutiun prevention. The Strategy presents a blueprint for DEC, in consultation with stakeholders, to evaluate pesticide usage on Long Island, identify pesticides that have the greatest potential to cause adverse impacts and work with partners to reduce or eliminate such usage or find alternatives that do not present such impacts. This approach will both protect Long Island's water resources from pesticide impacts and encourage effective methods of pest management. ES.1 THE CHALLENGE OF PESTICIDE USE AND GROUNDWATER ON LONG ISLAND ES.1.A. Critical Natural Resource and Essential Pest Management Almost three million people in Nassau and Suffolk Counties rely on clean drinking water from Long Island's sole source aquifer, a unique and critical resource in the State. The heavy reliance on the sole source aquifer plus the nature of the aquifer system itself(e.g., shallow depth of groundwater, sandy and permeable soils overlying it), which is a factor in its vulnerability to Executive Summary Page ES- 1 contaminants, underscores the critical need to protect the quality of the groundwater before it becomes impaired for such usage. Pesticides play an important and beneficial role in managing pests on Long Island. This includes regional pests which threaten public health, agricultural and horticultural productivity, structural integrity of public and private infrastructure (e.g., termite/carpenter ant control), quality of stored and marketed goods, and the condition of the environment. Annual regional pesticide use by many entities (e.g., agriculture, businesses, institutions and homeowners) averages in the millions of pounds and hundreds of thousands of gallons.] ES.1.B. Pesticide Detections in Long Island Groundwater Water quality monitoring by Suffolk County and other entities shows that pesticides are among a number of contaminants detected in Long Island groundwater as a result of a wide range of human activities (e.g., nitrates, volatile organic compounds, pharmaceuticals and perSonal use products). The water quality monitoring data presented in this document, as well as the water quality monitoring data summary tables, are available at ftp://ftp.dec.ny.gov/dshm/pesticid/liwaterqualitydata.docx Data obtained from Suffolk County indicates that 117 pesticide-related chemicals were detected in the groundwater at a number of locations on Long Island at various points in time since 1997. 2 Approximately half of these are legacy compounds (from pesticides no longer or never registered for use on Long Island or in New York State), which have not been used in many years. Although the samples demonstrate that pesticides can persist in the Long Island aquifer, most detections were at low or trace levels. Some pesticide-related compounds were detected (mostly at low levels) at multiple locations, distributed broadly over Long Island. Primary examples include the active ingredients imidacloprid (insecticide), metalaxyl (fungicide), and atrazine (herbicide)? ES.1.C Drinking Water Quality It is important to note that much of the water quality monitoring data presented in this document does not represent what the majority of residents of Long Island are using for drinking and other household purposes. Few detections of individual pesticide-related contaminants exceeded applicable standards. The Suffolk County Water Authority finds that finished water (treated water) that they supply to residents overall exceeds expectations for quality set by New York State drinking water standards.4 Public water supplies are subject to regulation by the NYSDOH · through the Suffolk County Department of Health Services (SCDHS) under New York Codes Rules and Regulation (NYCRR) Subpart 5-1.5 The regulations establish water quality standards known as maximum contaminant Ievels (MCLs), and require routine water quality monitoring. If finished drinking water is found to contravene a standard, corrective action is required. Private wells are not regulated by NYSDOH, but SCDHS has a program to test private wells for pesticides and other contaminants. Through their work, if contaminants are found in a private 1 NYS Department of Environmental Conservation, Final Annual Report for New York State Pesticide Sales and Applications 2005. htto://www.dec.nv.~ov/chemicaV37825.html 2 See Appendices A and B of the Strategy for a summary of results of Long Island water quality monitoring conducted by the Suffolk County (SC) Deparlxnent of Health Services, SC Water Authority, and U.S. Geological Survey. See additional monitoring data at htm://www.dec.nv.gov/. 3 DEC data analysis regarding these active ingredients (Als) is contained in Appendix B of this Strategy. 4 2012 Annual Drinking Water Quality Report, Suffolk County www.scwa.cora. s Title 10. Department of Health Chapter I. State Sanitary Code Part5. Drinking Water Supplies Subpart 5-1. Public Water Systems. Executive Summary Page ES- 2 DRAFt LONG ISLAND PESTICIDE POLLUTION P~E, VENTION ST~TEGY well that exceeds standards then the homeowner is advised to not drink that water, and to either find an alternative source or to invest in treatment to achieve compliance with drinking water standards. ES.I.D. Significance of NYSDEC Pesticide Product Registration DEC's pesticide product registration process forms an integral component of a comprehensive pest management program. The product registration program acts as a gatekeeper to control thc universe of pesticide products in New York State that may be made available consistent with public health and environmental protection. The current in-depth pesticide product review process did not exist prior to the early 1990s. Older pesticides, registered before that time, have often not received a comprehensive DEC review, or received only a very limited review of a subset of products. Thc data demonstrate that DEC's existing pest management regulatory program has proven effective at preventing products which pose unreasonable adverse effects from being registered and used in the State. DEC's enhanced pesticide registration program relies on the New Active Ingredient (NAI) and Major Change in Labeling (MCL) review process. During this process pesticide registrants work with DEC to implement a feasible and effective resolution of any environmental concerns identified during DEC's review. For example, some pesticides may be registered for usc in New York State with restrictions that prohibit or modify use on Long Island if the chemical or product usc pattern poses a leaching risk for Long Island's vuinemble gloundwater system. In this way, the current regulatory process effectively provides pesticide products needed by the user community while ensuring groundwater protection. ES.2 PESTICIDE POLLUTION PREVENTION GOAL In general, once a contaminant that has the potential to adversely impact public health or the environment is found in groundwater, technological and fiscal constraints severely limit remedial options, and accurate assessments of public health and environmental quality implications are challenging. Therefore, it is essential to prevent contamination in the first instance, to the extent practicable, while still allowing for needed pest management. DEC developed this StrategY as an approach for managing the ongoing need tO prevent potential pesticide impacts to water resources while continuing to meet critical pest management needs on Long Island. In general terms, pollution prevention means reducing or eliminating the creation of pollutants at the source. In the context of pesticides on Long Island, pollution prevention may mean modifying pest management processes, promoting the use of alternative pest managemem practices, and utilizing effective, less-toxic products when available. GOAL OF Prevent adverse effects on human health and the environment by protec~g Long Island's groundwater and sur~tce water resources J~rom pesticide-related to meet the pest management needs oJ: agricultural, Industrial, and Institutional sectors. Executive Summary Page ES- 3 ES.3 PESTICIDE POLLUTION PREVENTION (P2) BLUEPRINT DEC's strategy to meet this goal of protecting water quality while meeting pest management needs is based on a blueprint of actions to further pesticide pollution prevention on Long Island. The greatest benefits can be gained from prevention when it is implemented through collaboration with involved entities. Therefore, the pesticide pollution prevention (P2) blueprint includes components to be acted on by DEC, in conjunction with various parmers and Long Island stakeholders. In brief, the blueprint forms an approach for moving forward by supplementing the existing protective measures of the product registration, compliance and outreach components of DEC's pesticide regulatory program with P2 measures. There are five main components in the pesticides P2 blueprint. The blueprint calls for actions essential to effective implementation of pesticide P2 in Long Island and, without which the Strategy cannot be meaningfully implemented. The blueprint is summarized below. Most of its components are based on multi-party actions needed to bring pesticide P2 to fruition. The actions must be feasible and carried out with available resources of DEC and its partners. PESTI( IDE P2 BLUEPRINT SUMMARY DEC Conducts Initial Assessments of Specific Active Ingredients (Als) and Related Pesticide P2 Needs DEC Forms, Convenes and Uhairs Pesticide P2 Workgroaps; Workgroups Consider Various Matters Regarding Specified ,4is and Related P2 and Advise DEC DEC Identifies and Prioritizes Pesticide P2 Measures and Partners Collaborate to Implement P2 Measures DE(' Tracks Pesticide P2 Results and Assesses Need for P2 Modifications DEC Maximizes Department Use of Water Quality Monitoring for Pesticides (Monitoring underlies implementation of the entire blueprln~) These interrelated blueprint components tbllow a sequence which starts with assessing certain pesticide active ingredients detected in Long Island groundwater, then evaluating the type of P2 needed and implementing it, followed by tracking P2 results and modifying P2 if needed. Maximizing DEC use of water quality monitoring for pesticides involves actions which will provide an important part of the foundation for implementing P2 throughout the blueprint. A number of action steps are needed to implement each component of the blueprint. These are shown in the full P2 blueprint on the following pages. Implementation of each component is designed to yield benefits which facilitate car~ing out subsequent components and steps in the P2 process. Further detail on the blueprint is contained in chapter 3. Executive Summary Page ES- 4 BLUEPRINT £or~ONG 1,VLAND PESTICIDE POLLUTION PREVENTION ~NY~D.E.C Co~vt~ Initial Assessments of Active Ingredients (AIs) and Related Review water quality monitoring results for Long Island groundwater; identify Als detected as well as factors such as location, number, frequency and concentration of detections and potential for human exposure and associated health risks. } Review Al-related standards, use and product information and water quality standards and benchmarks ~' Identify Als for which P2 measures potentially need to be taken ~, Identify types of additional information needed to consider potential pesticide P2 needs and plan for Als. Note: DEC anticipates that the first group of AIs to be considered for assessment will be metalaxyl (fungicide), atrazine (herbicide) and imidacloprid (insecticide). These Als have been detected by Suffolk County at multiple groundwater monitoring locations. DEC Forms, Convenes and Chairs Pesticide P2 Workgroups; Workgroups Consider Various Matters Re~ardin~ Als and P2 NYSDEC forms, convenes and chairs workgroups: ~' A Technical Review and Advisory Committee (TRAC) which, at the request of DEC, considers AIs specified by the Depamnent and advises on factors such as AI use and critical needs, potential for human exposure, human health risks, effective alternatives for AI, aquifer vuinembility, potential pesticide P2 measures (see below), P2 implementation partners, and other considerations to provide DEC with background information to support Department decisions regarding Als and related P2 actions and implementation. (For further information on the TRAC, see Box ES-3 at close of the Executive Summary.) ~. Additional workgroups, to ansure broad representation of involved entities in consideration of Als and P2 measures (e.g., entities with direct involvement in pest · management, pesticide Use, and water quality on Long Island as well as academia). These workgroups may also consider Als specified by NYSDEC, provide NYSDEC with requested information on particular subject areas (e.g., human health implications, water quality concerns, effective alternatives), and suggest feasible P2 measures and implementation partners. NYSDEC Identifies and Prioriti[es Pesticide P2 Measures and Partners Collaborate to Implement P2 Measures NYSDEC considers workgroups' information and determines, thc scope and priority of pesticide P2 measures appropriate for each Al to be addressed. } NYSDEC will identify and prioritize P2 measures from among this overall scope of primary P2 measures: · Develop and disseminate best management practices and track their usc. Executive Summary Page ES- S DRAFTLONG ISLAND PESTICIDE POLLUTION PREVENTION STRATEGY NYSDEPARTMENTOFENVIRONMENTAL CONSERVATION 1/30/13 BLUEPRINT for LONG ISLAND PESTICIDE POLLUTION PREVENTION DEC Identifies and Prioriti~es Pesticide P2 Measures and Partners Collaborate to Itnvlernettt P2 Meosures~ cont't~ · Research alternative products and practices, including organic practices, and provide related outreach and education to implement · Conduct outreach and education on use pattern-specific integrated pest management · Encourage voluntary label revisions (through registrant and USEPA process) · Restrict products to certified applicator use. ~' DEC will identify partners to collaborate with the Department to implement pesticide P2 measures (e.g., product registrants, user groups, academic entities~ State and local agencies) and, as needed, convene P2 implementation workgroups. ~' DEC and partners will collaborate to implement P2 within available resources. )~ DEC may strengthen existing outreach partnerships with Comell University and other entities, forge new partnerships and maximize Interact resources. )~ DEC and partners will identify stakeholders and build P2 implementation support. DEC Tracks Pesticide P2 Results and Assesses Need for P2 Modifications or Regulatory Measures ~. DEC, with, as needed, assistance of pesticide P2 partners, monitors results of P2 implementation and determines additional monitoring and measures, if any, for effective pest management and water quality protection. ~ DEC may consider certain regulatory measures to manage use of a specific AI, if P2 actions prove insufficient and if DEC and NYSDOH determine that detections of a pesticide-related chemical in water quality monitoring data indicate significant public health or environmental impacts may occur. Under such circumstances, DEC may reassess the registration status of products containing the target AI by reviewing the product registrations associated With the AI and, if necessary, take regulatory action to prohibit use on Long Island. DEC Maximizes Department Use of Water OualitF Monitoring for Pesticides NOTE: This underlies all actions under the blueprint, in that water quality monitoring results are essential to conducting the work under each component (e.g., determining AIs to be considered, specifying P2 needed, etc.) ~' Adjust emphasis of monitoring, as needed and within available resources and flexibility, to meet DEC information needs for Long Island (e.g., focus on specific AIs to capture information and discern trends and new detections in particular pesticide use settings, such as greenhouses, turf, vineyards) as well as to monitor P2 results, if applicable. ~' Focus water quality monitoring, including the acquisition of finished drinking water monitoring results, conducted under available resources by Suffolk County and Cornell University or others, on AIs of concern to determine trends and changes in detection levels and frequency. Executive Summary Page ES- 6 DRAFT LONG ISLAND PESTICIDE POLLUTION PREVENTION STRATEGY NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION 1/30/13 TECHNICAL REVIEW AND ADVISOR Y COMMITTEE (TRAC) -SUMMARYDESCRIPTION Composition: DEC will convene, approximately six months after this Strategy is finalized, a TRAC to pool expertise of State agencies and local government entities closely involved with pesticide regulation and water quality monitoring for Long Island: ~ New York State: DEC (Chair), Department of Health, Department of Agriculture and Markets ~ Local Entities: Suffolk County Department of Health Services, Water Authority, and Soil and Water Conservation District; Nassau County Health Department; Cornell Cooperative Extension of Suffolk County After 5 years, Department and involved agencies assess ongoing need for TRAC. Primary purposes: ~ Assist DEC in investigation and assessment of active ingredients (AIs), identified and ranked by the Department (potential contaminants detected in Long Island groundwater) > Consider factors such as groundwater monitoring data, exceedances of chemical-specific water quality standards, potential for human exposure, public health risks, existing needs for pest management, and pest management alternatives ~ Advise DEC regarding potential and feasible response actions to prevent further pesticide- related impacts to the Long Island aquifer while recognizing pest management needs. (Scope of response actions - see P2 measures in Information Box ES-I .) For further information on the TRAC, see Chapter 3. ES.4 SUMMARY OF LONG ISLAND PESTICIDE P2 STRATEGY CONTENTS A summary of the contents of each chapter in the Strategy is contained in Table ES-1. Executive Summary Page ES- 7 1/30/2013 Summary of Chapters and Appendices I. Goal, Philosophy, ~nd Purpose ?. Overview: Groundwater and Pesticide Use on Long Island Goal: Given that groundwater, pest management and pesticide use are vital to public and economic welfare on Long Island, the overall goal of this Strategy is to: , Prevent adverse effects to human health and the environment by protecting Long Island s groundwater and surface water resources from pesticide-related contamination, while continuing to meet the pest management needs of agricultural, residential, commercial, industrial, and institutional sectors. Philosophy: The goal of entrancing water quality protection from pesticide impacts and maintaining needed pest management on Long Island can be effectively achieved through a s~:ong pollution prevention approach that recognizes the importance of both and mcorpomtes the involvement and cooperation of various stakeholders. Preventive measures can be taken to both minimize further ~esficide contamination after a pesticide has been detected and to prevent contamination before a pesticide is detected in water resources. Purpose: Establish a long-term pesticide pollution prevention blueprint to meet the goal of the Strategy and to outline enhanced DEC >artuerships with involved entities that are essential to success. This blueprint should serve to enhance use of pest management methods on Long Island that incorporate pollution prevention techniques and protect Long Island water resources from pesticide-related contamination. Importance of Long Island sole source aquifer and its protection. Aquifer structure and multiple uses by approx~ 3 million people make it a critical resource. Pesticide-related statistics for Long Island: · Of the 13,688 pesticides registered in the State, 361 are prohibited from use and 145 are registered for use on Long Island only when certain conditions are met (June 2012); · 4,733 cerdfied pesticide applicators and technicians on Long Island (2012); · 5.3 million pounds and 407,000 gallons of pesticides applied on Long Island (2005). Pesticide use yielded substantial benefits, including Suffolk County's statewide lead in sales of horticultural, agricultural and vineyard products. The signs of pestleide use are showing up in Long Island's groundwater. 117 pesticide-related chemicals detected in the aquifer at. various locations since 1997; approximately half are legacy compounds (no longer or never registered in NYS). Some detections at multiple locations and multiple compounds detected at individual wells. Most pesticide-related detections are much lower than water quality criteria. Seven types of State and federal water quality criteria are summarized. Executive Summary Page ES-8 1/30/2013 Chapter 3. Action Plan to Implement Pesticide Pollution Prevention $trategy ~. Pesticide Registration in Yew York State ~. Existing Pollution Prevention Programs and Activities Summary of Chapters and Appendices Pollution prevention can prevent water quality impacts while continuing to meet critical pest management needs. DEC Pesticide P2 Process Steps: Conduct Initial P2 Needs Assessment Determine Scope of Applicable P2 Measures Convene P2 Working Groups Review Information from P2 Working Groups as Basis for P2 Assessment Identify and Prioritize Active Ingredients and P2 Measures Convene and Collaborate with P2 Implementation Partners and Build Stakeholder Support Conduct P2 Actions, Monitor Results of P2 Actions and Determine if Further/Modified Action Needed History and evolution of New York State pesticide registration process Current NYS registration process NYSproduct revlew process for potential groundwater impacts - Safeguards against grotmdwater pollution built-into process Factors considered during registration, include land and groundwater characteristics Overview of leachate assessment and modeling of new active ingredients Current Pesticide Use Statistics in NYS: Approximately 13,688 registered products, and 1,700 restricted pesticides, 361 of which are prohibited from use on Lon~ Island Summary of existing non-regulatory and regulatory measures to prevent or reduce potential impacts of pesticide use. Examples of non-regulatory: outreach, education, best management practices, integrated pest management, environmental benefit projects, agricultural environmental management. Examples of regulatory preventive measures: pesticide product registration, mixing and loading requirements, toxic and hazardous materials storage, and local pesticide phase-outs. Measures conducted by State and local governments, academia, pesticide users, interest groups and others. 6. Legal Summary of existing DEC statutory and regulatory authority over pesticides registration, sales, use, storage and disposal as well as Authority and certain water quality requirements, primarily under the Environmental Conservation Law and related regulations. Enforcement Comparison of DEC and USEPA authorities Summary of DEC enforcement mechanisms related to pesticides Summary of statutory authorities of other State agencies to conduct pesticide-related work, such as water quality and pesticide management-related functions under the authority of State laws. Appendices Appendix A Pesticide-Related Chemicals Detected In Long Island Groundwater 1996-2010 Appendix B DEC Summaries of Long Island Water Quality Monitoring Data Appendix C TRAC Description and Ongoing Pest Management Education and Outreach Efforts Executive Summary Page ES- 9 THIS PAGE INTENTIONALLY LEFT BLANK ~here is no known or expected health risk. MCLGs allow for a margin of safety). These goals take into account the risks of exposure for certain sensitive populations, such as infants, the elderly, and persons with compromised immune systems. These goals are not enforceable levels because they do not take available technology into consideration, and therefore are sometimes set at levels which public water systems cannot meet. Propose an enforceable standard in the farm at a Maximum Contaminant Level (MCL) (the maximum amount of (J contarninant allowed in water delivered lo a user of any public water system) or a Treatment Technique (TT) (required procedure or level of !ethnological performance sel widen ~here is no ~e[iable meihod to measure a con!aminant at very /ow levels). MCLs are set as dose to MCLGs as feasible, ~onsidering available technology and cast. Examples of rules requiring treatment techniques are the Surface Wate~ T~eatment Rule (requires disinfection and tlhration} and the Lead and Copper Rule (requires ~ptirnized corrosion control). Water samples that ~m~oin lead or copper exceeding the nction level bigger additional treatment or other ~equirements ti~a~ a water system must follow. Required testing (monitoring) schedules are part of the enforceable stcmdard. After deterr'dning a proposed MCL or TT that is as ~lose to the MCLG as possible based on affordable lechnology, US EPA must complete an economic analysis o determine whether the benefits of that s*andard justify the costs. If not, US EPA may adjust ll~e MCL for a particular class or group of systems to ~ level that "maximizes health risk reduction benefits u} a cost that is justified by the benefits." LIS EPA may ~ot adjust the MCL if the benefits justify the costs to large systems and small systems that are unlikely to t ecelve var[clnces US EPA sets (m enforceable MCL or TT. After cansiderh~g comments on the proposed standard and other relevant information, US EPA makes final an enforceable Max[inure Contaminan~ Level or Treatment [ecimique, including required testing and reporting ~¢chedules Candards fat systems serving up to 3,300 people if the systems cannot afford to comply with a rule or ~thet restructuring) and the systems install EPA upproved variance technology. Slates can grant wnlanees to systems serving 3,301 - 10,000 people with US EPA approval SDWA does not ~dlaw small Ihe exemntion period expires, the public wafer system must be in compliance. The terms of variances and h,~alli/ Determining Whether Sta.ndards Are Needed for Other.Contaminants - the Contaminant Candidate List The 1996 Amendments to SDWA requires that every 5 years US EPA establish a list of contaminants which a~e known or anticipated to occur in public water systems and may require future regluations under SDWA. The list is developed with significant input from the scientific community and other interested parties. After establishing this contaminant candidate list, US EPA identifies contaminants which are priorities for additional research and data gathering US EPA uses this information to determine whether or not a regulation is appropriate and this process is repeated for each list, every 5 years. In order t'o support this decision-making, US EPA has also established a National Contaminant Occurrence Database (NCOD), which stores data on the occurrence of both regulated and unregulated contaminants. US EPA is also required to list and develop regulations for monitoring certain unregulated contaminants. These monitoring data wJlJ provide the basis for identifying contaminants that may be placed on future Contaminant Candidate Lists and support the US EPA Administrator's decisions to regulate contaminants in the future. Health Effects Adverse health effects from contaminants that may occur in drinking water include acute effects that may immediately impact health and chronic effects that may occur if contaminants are ingested at unsafe levels over many years. Drinking water that meets US EPA's health-based standards is generally s'afe. People who are not healthy as a result of Hiness, age, or weakened immune systems, are more likely to be at risk from certain contaminants that may be found in drinking water, infants and very young children are also more susceptible to some contaminants. Individuals concerned about their particular situations should consult their health care providers. For More Information To learn more about dcurrent drinking water standards, information on potential health effects of specific contaminants, and guidance fo persons with severely compromised immune systems call tbe Safe Drinking Water Hotline at 1-800 426~4791 or visit the safewate(web site at wwwepa.gov/safewater. Office of Water (4606) w,~,v, epa.gov/safewater EPA 816-F-04-037 June 2004 mm Drinking Water Standards & Health Effects SAFE DRINKING WATER ACT · 1974-2004 · PROTECT OUR HEALTH FROM SOURCE TO TAP Drinking water standards are set by the .U.S. Environmental Protection Agency (US EPA) to control the level of contamir~c!nts in the nation's drinking water. The Safe Drinking Water Act (SDWA) requires US EPA to set these standards, which public water systems in the U.S~ are required to meet. US EPA has set standards for 90 chemical, microbiological, radiological, and physical contaminants in drinking water. US EPA and others are currently conducting ~ research and collecting information to determine which currently unregulated contaminants pose the greatest public health risk and wilt therefore be regulated in the futSre. US EPA also sets Secondary Drinking Water Regulations, which are non- enforceable guidelines for contarninants that may cause cosmetic effects (such c~s skin and tooth discoloration) or aesthetic effects (such as taste or odor). Water systems are not required by US EPA to adopt these secondary standards, but states may choose to adopt and enforce them. Pub. lie Watey Sy. stcms Must Meet National Drank~ug Water Standards Drinking water standards apply to public water systems, which provide water to at least 15 connections or 25 persons at least 60 days out of the year (most cities and towns, schools, businesses, campgrounds, and shopping malls are served by public water systems). Private Wells The 10 percent of Americans whose water comes from private wells (individual wells serving fewer than 25 persons) are not required to be protected by these federal standards. People with private wells are responsible for making sure that their own drinkiag water is safe. Some states dO set standards for private wells, so well owners should check their state, requirements. US EPA r¢cornmends testing your water on~e per year to see if it meet~ federal and state standards. Civil the Safe Drinking Water Hotline at 1-800-426- 4791 or see the Safewater home page at www. epa.gov/safewater/ privatewells to find out how to get a list of certified testing labs in your state. Bottled Water Bottled water is regulated by the U.S. Food and Drug Administration as a food product, and is required to rr;eet standards equivalent to those US EPA sets for tap water. Steps in Drink. lng 'VVater · Standard Settang: US ~PA uses the following steps to set enforceable, health-based drinking water standards. Determine whether a contaminant should be regulated based on peer-reviewed science, including data on: how often the contaminant occurs in the environment; how humans are exposed to it; the health effects of exposure, (particularly to vulnerable subpopulatjons). Set a Maximum Contaminant Level Goal (MCLG) (the level of a contaminant in drinking water below which Federal Drinking Water Standards Federal drinking water standards are in force for public water systems. Private water supplies are not subject to these standards. Public Water Systems The term "public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals. The federal government has established regulatory limits (standards) on over 100 chemical and microbial contaminants in drinking water. These have their origin in the Safe Drinking Water Act (SDWA), which governs public water systems. Many states have established their own standards, which must be at least as stringent as the federal standards. The U.S. Environmental Protection Agency (EPA) sets two types of standards: Primary standards are set to provide the maximum feasible protection to public health. They regulate contaminant levels based on toxicity and adverse health effects. The goal of standard setting is to identify maximum contaminant levels (MCLs) which prevent adverse health effects. Secondary standards regulate contaminant levels based on aesthetics such as color and odor, which do not pose a risk to health. These secondary maximum contaminant levels (SMCLs) are guidelines, not enforceable limits. They identify acceptable concentrations of contaminants which cause unpleasant tastes, odors, or colors in the water. SMCLs are for contaminants that will not cause adverse health effects. Public water suppliers are required to monitor the quality of the water they supply. Consumers mLIst be notified if a primary standard is exceeded, Health Advisories are guidance values based on non-cancer health effects for different durations of exposure (e.g., one- day, ten-day, longer-term, and lifetime). They provide technical guidance to EPA Regional Offices, State governments, and other public health officials on health effects, analytical methodologies, and treatment technologies associated with drinking water contamination. EPA maintains Webpage tables of the Primary and Secondary standards and Health Advisory guidance values. There are consumer fact sheets on each of the contaminants for which there are primary standards. Private Water Supplies Users of private wells or other private water sources are solely responsible for monitorin,q and maintainin,q the quality of their water supply. Some state or local health authorities regulate private water sources. Check with your local health department. Information Source: http://extoxnet.orst.edu/faqs/safedrinldstan.htm MCLs and MCLGs Establishing the Maximum Contaminant Level The Maximum Contaminant Level (MCL) is the maximum concentration of a chemical that is allowed in public drinking water systems. The MCL is established by the U.S. Environmental Protection Agency (EPA). Currently there are fewer than 100 chemicals for which an MCL has been established; however, these represent chemicals that are thought to pose the most serious risk. The EPA guidance for establishing an MCL states that "MCLs are enforceable standards and are to be set as close to the maximum contaminant level goals (MCLGs) (Health Goals) as is feasible and are based upon treatment technologies, costs (affordability) and other feasibility factors, sueh as availability of analytical methods, treatment technology and costs for achieving various levels of removal." The process of determining an MOL starts with an evaluation of the adverse effects caused by the chemical in question and the doses needed to cause such effects. The final result of this process is a safe dose (the dose thought to provide protection against adverse effects including a margin of safety), now called a Reference Dose (RfD) by the EPA. This evaluation is based on the results of animal experiments, and the research results are extrapolated to humans using standard EPA methods. For chemicals that do not cause cancer, an MCLG is established by first converting the safe dose (RfD) to a water concentration. Then this number is divided by five based on the assumption that exposure to the chemical through drinking water represents only one-fifth of the possible exposure to this substance. Other sources of exposure may be air, soil, and food. In almost all cases, the MCLG value is the same one that is used as the MCL. For chemicals believed to cause cancer, (known or probable humans carcinogens - EPA Class A or B), the MCLG is set at zero; i.e., no amount of chemical is considered acceptable. However, since zero cannot be measured, the MCL is based on the lowest concentration that can be measured on a routine basis. This is known as the Practical Quantitation Limit (PQL). Thus for known or probable carcinogens, the MCL is not a safe level but instead is the lowest measurable level. For chemicals that are possible cancer-causing agents (EPA Class C); i.e., there is some evidence that they may cause cancer but this is not very convincing, a value equivalent to the MCLG is calculated as if they were not carcinogens. Then this value is divided by a factor of ten to give the final MCLG..This provides an additional margin of safety in case the chemical is later determined to be a carcinogen.' A sample MCL calculation can be seen here. What is equ va ent da y human intake for an average human? Intake = RfD x body weight = 1 x 70 = 70 mg/day (Assume RfD = 1 mg/kg/day) What concentration in drinking water would provide this intake? Water concentration = intake/water consumption = 70 mg/day divided by 2 liter/day = 35 rog/liter But water consumption is assumed to be only 20% of total consumption, MCL = 35 rog/liter x 0.2 = 7 rog/liter If chemical is Class C carcinogen, divide by ten, so in this case: MCL = 7/10 = 0.7 mg/liter If chemical is Class A or B carcinogen, then: MCL = Practical Quantitation Limit Information Source: http:llextoxnet.orst.edulfaqslsafedrinklmcl.htm