Catskill Center Comment on Huges Energy Draft Environmental Impact Statement

November 24, 2021

Kate Kornak, Regional Permit Administrator New York State Department of Environmental Conservation (NYS DEC) Region 4 Office, Division of Environmental Permits 1130 North Westcott Road, Schenectady NY 12306

Re:

Draft Scoping Document for Draft Environmental Impact Statement (Draft EIS) NYS DEC ID #4-1248-00321 Hughes Energy, LLC Proposed Solid Waste Management Facility State Route 23, Town of Roxbury, Delaware County, NY. Tax Parcel # 113.-1-25

VIA ELECTRONIC MAIL to: comment.HughesRoxbury2021@dec.ny.gov

Dear Ms. Kornak: The Catskill Center for Conservation and Development has reviewed the Draft Scoping Document for the abovereferenced project, as prepared by the applicant, Hughes Energy, LLC with their consultant, Sterling Environmental Engineering, P.C. The Catskill Center respectfully submits the following comments regarding potential significant adverse impacts for consideration by NYS DEC. Construction Period The applicant indicates in the Full Environmental Assessment Form (EAF) that construction will not occur in multiple phases but does not supply the ‘anticipated period of construction’ in months requested in Part I, section D.1.e.i. The magnitude of adverse impacts resulting from construction will be directly proportional to the duration of the construction period, which could be reasonably anticipated to exceed one year. The Catskill Center respectfully requests an expansion of the scope of the Draft EIS to ensure that adverse impacts likely to result from both construction and long-term operation of the facility are thoroughly assessed, and that alternatives that could reduce the impacts of construction on the local community are considered.

Additionally, the Catskill Center has concerns with respect to the potential for specific adverse impacts resulting from the project, as follows: Community Plans, Community Character, and Aesthetic and Archeological Resources The Catskill Center agrees with NYS DEC’s assessment that the proposed facility is inconsistent with duly adopted local land use plans; is inconsistent with the existing community character; may have impacts on historical or archeological resources; and includes land uses that “are obviously different from, or are in sharp contrast to, current land use patterns.” However, the Catskill Center has concerns that such community impacts may not be negligible, as indicated in Part II of the EAF, and the Center respectfully requests that such impacts be fully assessed in the Draft EIS. Local and Regional Plans The “Overall Vision” statement in the Town of Roxbury’s duly adopted Comprehensive Plan makes clear that, “The residents of the Town of Roxbury appreciate and want to maintain their peaceful, friendly rural community, the historic ambiance of the hamlet of Roxbury, the scenic rural surroundings, and the quiet lifestyle that is so valued here. They also hope the future brings new economic opportunities and quality jobs that are developed in a way that preserves the character, environment and sense of place that is Roxbury.” The plan includes goals of promoting the hamlets of Grand Gorge and Roxbury as tourist designations, and calls for the enhancement of hamlet vitality by promoting mixed uses and small businesses. Encouraging farming and forestry uses are also mentioned as desirable. The plan does not include a goal for significant expansion of industrial uses.

Similarly, the regional economic revitalization plan developed jointly by the Towns of Roxbury, Andes and Middletown and the Villages of Fleischmanns and Margaretville in Delaware County, the Towns of Olive and Shandaken in Ulster County, the MARK Project and the Catskill Center in 2013 (“Revitalizing the Esopus/Delaware Region of the Central Catskills”) identifies objectives for business development that will “Revitalize the business community, with emphasis on local ownership, entrepreneurship, environmental sustainability, cottage industries and locally‐made products, and businesses that are oriented to outdoor recreation and tourism.”

The proposed facility is not only inconsistent with existing local and regional planning; its development could have a significant impact on the overall character of the surrounding communities for decades to come. The Catskill Center respectfully requests that the Draft EIS fully assess the anticipated need for expanded infrastructure and community services the proposed facility would require, including expanded sewer and additional firefighting capability. The Draft EIS should also include an analysis of reasonable alternatives that would scale the proposal to the community’s existing infrastructure capacity, waste disposal needs, and articulated comprehensive plan goals.

Aesthetic Resources The applicant’s March 2021 Visual Impact Study does not provide sufficient information to support the applicant’s assertion of “no significant adverse aesthetic impact.” The study does contain an inventory of existing aesthetic resources and scenic views important to the community, but it provides insufficient analysis of the visual impacts of the proposed facility. The Catskill Center respectfully requests that the Draft EIS include: 1. Renderings of the proposed facility as seen from local roads, neighboring properties, and nearby publicly accessible water bodies, including renderings of any proposed mitigation measures such as berms or landscaping; and

2. A photo study including balloon tests that documents the visibility of the proposed facility as it would be seen from: o Scenic Views #1 and #2, as identified in the Town of Roxbury’s Comprehensive Plan; o Various points along Route 23; o Nearby Registered Historic Places; o The Schoharie Reservoir; o Other key vantage points identified in the applicant’s Visual Impact Study.

Historic and Archeological Resources Although the New York State Office of Parks, Recreation and Historic Preservation has confirmed that no sites that are listed on or (known to be) eligible for the New York State and National Registers of Historic Places would be impacted by the construction of the proposed facility, not all area historic and archeological resources are listed or known to be eligible. The Catskill Center respectfully requests that a Phase 1A Literature Review and Phase 1B Archeological Field Reconnaissance study be included in the Draft EIS. Impacts on Transportation/Traffic, Noise, Odor and Light NYS DEC acknowledged in its Positive Declaration that significant adverse impacts from the proposed facility with respect to noise, traffic, and odor would be likely. The Catskill Center agrees with and supports the Roxbury Planning Board’s requests for a more robust evaluation of potential noise and traffic impacts, as outlined in the Board’s letter dated November 15, 2021.

Impacts on Air The Catskill Center shares the concern expressed by the Roxbury Planning Board in its November 15th letter that the proposed facility’s contributions to air pollution may be greater than those described in the EAF, which characterized the impact on air as negligible. The Catskill Center respectfully requests that impacts on air be more fully evaluated in the Draft EIS, including specific analysis of the proposed facility’s compliance with New York State’s Climate Leadership and Community Protection Act. Impacts on Human Health The Catskill Center shares the concern expressed by the Roxbury Planning Board in its November 15th letter that the proposed facility’s impacts on human health may be significantly greater than those described in the EAF, which characterized the impact on human health as negligible. The proposed solid waste management facility would process hundreds of thousands of tons of municipal solid waste per year, which could very likely include hazardous household waste containing heavy metals and toxic chemicals (e.g., insecticides, paints, fuels, batteries, etc.) which could contaminate air, groundwater, and surface water at or near the site, resulting in human health hazards. The proposed visual inspection of refuse at the tipping area seems unlikely to definitively capture all hazardous household waste; as such, the Catskill Center respectfully requests that processing alternatives be reviewed and evaluated within the Draft EIS, including the potential for off-site, advance sorting of waste.

Impacts on Surface Water and Groundwater Resources NYS DEC acknowledged in its Positive Declaration that the proposed facility has the potential to significantly contaminate and/or degrade the on-site and nearby streams, wetlands, floodplain and drinking water reservoir.

The Catskill Center agrees with the requested considerations to better protect these resources that were articulated by the New York City Department of Environmental Protection (NYC DEP) in its letter dated October 14, 2021.

Additionally, the proposed facility overlies a principal groundwater aquifer. While impacts to groundwater were projected to be negligible, the Catskill Center has concerns regarding the proposed facility’s impacts on both the quality and the quantity of the groundwater resource. The applicant acknowledges that the proposed facility “is anticipated to have a demand for water up to 25,000 gallons/day,” which will be provided primarily by new private water wells. The groundwater aquifer - and nearby residential wells that draw from it - could be adversely impacted both by the proposed facility’s demands for groundwater supply, and by its potential for contamination of groundwater as a result of insufficient removal of hazardous waste at the tipping area. The Catskill Center respectfully requests that the Draft EIS include a full review of potential groundwater impacts, including test wells and a pump test that assesses drawdown impacts on nearby wells.

Thank you for considering these comments. Every day, the Catskill Center works to protect and foster the environmental, cultural, and economic well-being of the Catskill Region. As such, we strongly support economic development that is compatible with the Catskill Region’s unique advantage as a world-class, scenic, outdoor recreation destination located within a short drive of New York City, and we encourage cautious, careful consideration of development proposals that may interfere with a community’s stated long-term goals. We appreciate NYS DEC’s diligence in ensuring a thorough assessment of projected environmental impacts of Hughes Energy’s proposed solid waste management facility.

Respectfully submitted,

Jeff Senterman Executive Director

cc:

Supervisor Hinkley. Town of Roxbury Chairman Zorda, Roxbury Planning Board