In the Matter of Natural Resources Defense Council, Inc., et al., Appellants,v.New York State Department of Environmental Conservation, Respondent.BriefN.Y.March 24, 2015APL 2015-00043 Westchester County Clerk’s Index No. 16132/10 Court of Appeals of the State of New York In the Matter of the Application of NATURAL RESOURCES DEFENSE COUNCIL, INC.; RIVERKEEPER, INC.; WATERKEEPER ALLIANCE, INC.; SOUNDKEEPER, INC.; SAVE THE SOUND; PECONIC BAYKEEPER, INC.; RARITAN BAYKEEPER, INC. (d/b/a NY/NJ Baykeeper) and HACKENSACK RIVERKEEPER, INC., Petitioners-Appellants, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules – against – THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent-Respondent. BRIEF FOR AMICUS CURIAE EAST OF HUDSON COALITION GEORGE A. RODENHAUSEN, ESQ. RODENHAUSEN CHALE LLP Attorneys for Amicus Curiae East of Hudson Coalition 20 Spring Brook Park Rhinebeck, New York 12572 Tel.: (845) 473-7766 Fax: (845) 473-7790 Date Completed: February 27, 2015 STATE OF NEW YORK COURT OF APPEALS -------------------------------------------------------------------- In the Matter of the Application of NATURAL RESOURCES DEFENSE COUNSEL, INC.; RIVERKEEPER, INC.; WATERKEEPER ALLIANCE, INC.; SOUNDKEEPER, INC.; SAVE THE SOUND; PECONIC BAYKEEPER, INC.; RARITAN BAYKEEPER, INC. (d/b/a NY/NJ BAYKEEPER) and HACKENSACK RIVERKEEPER, INC., Petitioners-Appellants, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules -against- NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent-Respondent. -------------------------------------------------------------------- CORPORATE DISCLOSURE STATEMENT Westchester Co. Clerk’s Index No. 16132/10 East of Hudson Watershed Coalition has no corporate parents or subsidiaries. Dated: February 27, 2015 Rhinebeck, NY Respectfully Submitted, RODENHAUSEN CHALE LLP George A. Rodenhausen, Esq. Rodenhausen Chale LLP 20 Spring Brook Park Rhinebeck, NY 12572 (845) 473-7766 i TABLE OF CONTENTS Table of Authorities...........................................................................................ii Introduction........................................................................................................1 Identity and Interests of Amicus Curiae.............................................................1 Arguments..........................................................................................................4 Point I — In the EOH Watershed, the MS4 Permit, in Effect, Requires Reduction of Phosphorus in Stormwater Discharges to the Maximum Extent Practicable...........................................................................4 Point II — Requiring Public Participation on Each Regional Plan or Change Thereof Would Exceed the Requirements of the Clean Water Act..............................13 Point III — The Ambient Monitoring Provided for in the MS4 Permit Satisfies the Clean Water Act................................15 Conclusion.......................................................................................................18 ii TABLE OF AUTHORITIES Statutes, Constitutional Provisions & Regulations 33 USC §1342(a)(1).........................................................................................13 ECL 17-0808(1)(a)(ix).....................................................................................13 1 INTRODUCTION Pursuant to Rule 500.23 of the Rules of this Court, the East of Hudson Coalition (“EOH Coalition”) respectfully submits this, its Amicus Curiae Brief, to aid the Court in its deliberation of this matter. For the reasons that follow, the decision of the Appellate Division Second Department in this matter should be affirmed and the petition dismissed in its entirety. IDENTITY AND INTERESTS OF AMICUS CURIAE The EOH Coalition is an association of nineteen municipalities formed by intermunicipal agreement among the County of Putnam and the following eighteen towns and villages in Westchester, Putnam and Dutchess Counties: Bedford, Brewster, Carmel, Cortlandt, Kent, Lewisboro, Mt. Kisco, New Castle, North Castle, North Salem, Patterson, Pawling (Town and Village), Pound Ridge, Putnam Valley, Somers, Southeast and Yorktown. All members of the EOH Coalition are subject to the DEC General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems, GP-0- 10-002, effective May 1, 2010 (“MS4 Permit”), and subject to the Croton Watershed Phase II Phosphorus Total Maximum Daily Load (“TMDL”) Implementation Plan dated January 14, 2009 (“TMDL Implementation Plan”). The 2 MS4 Permit incorporates the phosphorus reduction goals of the TMDL Implementation Plan, making them binding on the members of the EOH Coalition. The members of the EOH Coalition are located wholly or partially within that portion of the watershed serving the New York City reservoir system that lies east of the Hudson River (“EOH Watershed”). The reservoirs have been determined by respondent Department of Environmental Conservation (“DEC”) to be water quality impaired due to elevated levels of phosphorus, a nutrient that may, among other things, lead to algae growth, impair taste and odor, lead to harmful disinfection by-products and ultimately cause reservoir eutrophication. Accordingly, the state stormwater restrictions in the EOH Watershed, referred to herein as the “heightened requirements”, require calculated reductions of phosphorus in existing discharges. The EOH Coalition was formed to provide joint services to its municipal members to achieve compliance with the phosphorus reduction requirements in the TMDL Permit and to seek funding to relieve the municipalities of the crushing financial burden of achieving compliance. It was immediately clear to each of the municipalities upon reviewing the MS4 Permit in 2010 that the astronomical cost of the heightened requirements could not be accomplished within the state- mandated tax cap or the reasonable borrowing capacity of each municipality. The major initial effort of the EOH Coalition was to seek outside funding for the 3 heightened requirements, and, as the program enters its second five year phase, the search for funding will intensify. The EOH Coalition has a particular interest in this litigation for two reasons. First, it has already invested significant resources to achieve compliance with the first five year plan requirements. Second, it believes that the current MS4 Permit provides DEC and municipalities with the flexibility necessary to achieve compliance with the Clean Water Act through such mechanisms as “bubble compliance” and regional stormwater plans, mechanisms that would be eliminated or severely hampered if appellants’ arguments were accepted. The purpose of this Amicus Curiae Brief is to demonstrate to the Court the effectiveness of the existing MS4 Permit in generating municipal programs designed to reduce phosphorus in the New York City reservoir system to the maximum extent practicable. In the EOH Watershed, the permitting model advocated by petitioners-appellants is impractical, to say the least, and would in all likelihood bring the work of the EOH Coalition to a virtual standstill. 4 ARGUMENT POINT I IN THE EOH WATERSHED, THE MS4 PERMIT, IN EFFECT, REQUIRES REDUCTION OF PHOSPHORUS IN STORMWATER DISCHARGES TO THE MAXIMUM EXTENT PRACTICABLE Part IX of the MS4 Permit sets forth the heightened requirements for entities with impaired waterbodies, including at Part IX.A the EOH Watershed. (A. 322) Pursuant to that Part, each covered entity is required to modify its stormwater management plan to achieve phosphorus reductions in stormwater discharges by the deadlines set forth in the applicable table. Id. Those deadlines have been implemented in two phases, with the first five year deadline falling at the end of 2014 and the second five year deadline at the end of 2019. Id. The phosphorus reduction requirements for each municipality were established by DEC in the TMDL Implementation Plan at Table 3. See Addendum “A” annexed hereto for the complete list. These load allocations were based solely on the relative amount of high density development in the municipality on the assumption that high density development will lead to phosphorus discharge in stormwater runoff. The MS4 Permit postulates that the combined phosphorus reductions by MS4 entities and by point source dischargers, such as wastewater treatment plants, will achieve the water quality standards mandated under the Clean Water Act. (A. 321) 5 As noted by the court below, although “maximum extent practicable” is the Clean Water Act standard that MS4 entities must achieve, the Environmental Protection Agency (“EPA”) intentionally did not provide a precise definition of the term. (A. xv) EPA determined that MS4 entities needed “the flexibility to optimize reductions in stormwater pollutants on a location-by-location basis.” Id. Factors to be considered in choosing control measures might include “conditions of receiving waters, specific local concerns, . . . MS4 size, climate, implementation schedules, current ability to finance the program, beneficial uses of receiving water, hydrology, geology, and capacity to perform operation and maintenance.” Id. In the EOH Watershed, all of these considerations have been important in developing the stormwater retrofit program required by Part IX of the MS4 Permit. As a first step in the development of their first five year implementation plan, the municipalities in Putnam County, acting as the Putnam County MS4 Coordinating Committee, retained the consulting firm Malcolm Pirnie to collect available stormwater infrastructure data, create a database for future use, identify phosphorus and erosion problem areas in the county, and correlate it with GIS data, including land use, aerial photos and parcel ownership. The Putnam County data was then used to identify forty potential stormwater retrofit sites based on site and drainage area characteristics, of which twenty were selected for field investigations and additional feasibility evaluations. 6 Field investigations were conducted in July 2009, as a result of which several changes were made to the list of potential sites based on conditions observed in the field. Draft conceptual designs and calculated total phosphorus load removals were developed for each of the potential retrofit locations in the study. Capital costs and operation and maintenance (“O&M”) costs associated with each proposed retrofit were also calculated. The types of retrofits considered included, among others, better site design approaches, rehabilitation of existing storm sewer systems; stabilizing dirt roads and surfaces; conversion of existing ponds to extended detention or wetland treatment systems; retrofitting road ditches to enhance open channel design; controlling stream erosion by reducing flow into streams; and upgrading existing conveyance systems to provide water quality and quantity control within the drainage structure. At the same time, the municipalities in Westchester County, acting as the Croton-Kensico Intermunicipal Council, retained the consulting firm O’Brien & Gere to develop a similar study. The data collection in this study focused on areas likely to be suitable for retrofits, including areas with large amounts of impervious coverage, existing stormwater basins and outfall points, stormwater hotspots, redevelopment areas, planned capital projects, sites that would benefit from improved drainage and other known problem areas. As with Putnam County, these 7 data formed the basis in 2010 of the initial phase of the first five year retrofit plan for Westchester County. Subpart II.G of the MS4 Permit provides that the load reductions are to be accomplished through use of best management practices (“BMPs”) for MS4 entities. (A. 263) Both County studies utilized BMPs to identify potential stormwater retrofit projects. DEC likewise used engineering models based on BMPs in its review and approval of phosphorus reduction credit for each stormwater retrofit project. Specifically, Part IX of the MS4 Permit provides, “These reductions are intended to be targeted and credited using models, loading factors and load reductions predicted based on the best scientific information available.” (A. 321) Given the difficulty of measuring pollutant reductions in non-chanelled stormwater runoff, Part IX provides that the ultimate effectiveness of the retrofits and the watershed improvement strategy as a whole are to be determined by ambient monitoring of the affected waterbodies. Id. When water quality standards are achieved, covered entities may request cessation of the requirement for any additional retrofits. Id. As is true for all covered entities, the members of the EOH Coalition are also required to develop and implement a series of minimum control measures (“MCMs”) in addition to retrofit plans, including education and outreach, illicit 8 discharge detection and elimination, control of construction site runoff and municipal good housekeeping. (A. 322-7) Given that the average cost of reducing the annual discharge of 1 kg of phosphorus through the stormwater retrofit program in the EOH Watershed has been just under $100,000, it can readily be seen that the cost of the first five year retrofit plan is well beyond the budgets of the affected municipalities. In the first five years, a third of the municipalities would have faced expenditures of between $3 million and $5 million per municipality to reach their targets. The first five year plan for the coalition is estimated to cost slightly less than $40 million, not including the cost of ongoing operations and maintenance of the practices. The second five year plan has been estimated to cost potentially several times that amount. One provision of the MS4 Permit offers the municipalities an opportunity to achieve the phosphorus reduction goals at a reduced cost: the ability to form a regional stormwater entity and to pick the most cost effective projects over a wider geographic area. Pursuant to Section III.B.2, covered entities may form a regional stormwater entity (“RSE”) to implement stormwater retrofits collectively. (A. 265) Through the RSE, the covered entities must ensure that discharges of phosphorus are reduced through stormwater retrofit projects or additional changes to their 9 stormwater management plan so that the waste load allocation for the RSE is met. Id. The MS4 permit recognized that although the waste load allocation was based on high intensity development, those areas may not have the most cost efficient opportunities to reduce phosphorus discharges in stormwater. The Permit allowed a regional approach without eliminating the individual compliance obligation of each covered entity. Each regulated MS4 is responsible for an individual load reduction, which is a fraction of the total required load reduction in the TMDL. If MS4s form an RSE and stormwater retrofits are approached collectively, the Department would allow compliance with this condition of the SPDES general permit to be achieved on a regional basis. In this case the load reduction requirement for each participating MS4 will be aggregated, to create an RSE load reduction, to allow design and installation of retrofits where they are most feasible, without restricting MS4s to site retrofit projects within their municipal boundaries. Part III.B.2 (A. 265) This concept was termed “bubble compliance” by the EOH Coalition and DEC, meaning that compliance could be deemed achieved for each member if compliance was achieved for the regional stormwater entity as a whole, notwithstanding that any particular member did not achieve its individual load reduction as set forth in the 2009 TMDL load allocation. However, if the regional load reduction is not met, each member is held responsible for meeting the individual limit in the TMDL load allocation. 10 Each member of an RSE is in compliance if the aggregate reduction number associated with the retrofit plans is met. If the aggregate number is not met, each of the participating MS4s would be deemed non‐compliant until such time as they had met their individual load reduction requirements. Id. In reliance on these regulatory provisions, in 2011 the members of the EOH Coalition formed the East of Hudson Watershed Corporation (“EOHWC”). The EOHWC is a local development corporation formed under Section 1411 of the Not-for-Profit Corporation Law, for which an application for tax exempt status has been filed under Section 501(c)(3) of the Internal Revenue Code. The intention in forming the corporation was to create a regional stormwater entity consistent with the provisions of the MS4 Permit in a corporate form that would allow it to contract with engineering and construction firms to implement the stormwater retrofit plan for all member municipalities. The studies and county regional plans prepared by Putnam and Westchester County municipalities were combined into one regional retrofit plan and augmented to include two municipalities in Dutchess County. DEC confirmed the new regional retrofit plan by letter of September 14, 2011, which also confirmed the “bubble compliance” concept. See Addendum “B” annexed hereto. DEC confirmed that “MS4 Permit compliance will continue to reside with the individual towns that comprise the EOH Coalition.” Id. The phosphorus 11 reduction credits assigned to each proposed project would be transferred to EOHWC. DEC further confirmed: [I]f a stormwater retrofit is designed and constructed as originally proposed in the approved five year plan or any revisions thereof, then completed construction of an approved project will be deemed to have achieved the required phosphorus reduction. DEC will continue to review and approve the annual construction activity reports due October of each year to ensure that projects are constructed in accordance with the five year plan and associated phosphorus load reductions are achieved. Id. To address the possible injustice of holding each town liable for complying with its individual load reduction target should the RSE fail to attain compliance, DEC offered a pro rata distribution of the credits achieved by the RSE. The distribution of credits would be based on the percentage of a town's load required reduction to the region’s overall phosphorus load reduction. “An Order on Consent would be drafted with each participating municipality and include a project implementation plan and schedule of compliance for completing any remaining stormwater retrofit projects.” Id. The result of the current MS4 Permit is that EOHWC currently has in design or construction or has completed 158 stormwater retrofit projects that have been credited by DEC to reduce phosphorus in stormwater runoff by a total of 515.2 kilograms per year. The target of the first five year plan under the MS4 Permit and the TMDL Implementation Plan is 459.5 kilograms per year, a target which 12 EOHWC has exceeded. The list of stormwater retrofit projects in the five year plan is set forth in Addendum “C” annexed hereto. DEC decides whether a particular stormwater retrofit project utilizes BMP when it reviews and approves each five year plan and each requested modification in the five year plan. The court below properly held: [T]he determination of the DEC to exercise its authority to require compliance with the maximum extent practicable standard in any particular case must necessarily be evaluated with reference to the particular circumstances of that case, since a determination of what constitutes the maximum extent practicable will vary depending on the circumstances facing each municipality. (A. xvii) In the submissions made for the five year plan and each revision, DEC had the opportunity to make a “maximum extent practicable” determination with each individual stormwater retrofit project and presumably did so, using the “best scientific information available.” (A. 321) In the EOH Watershed, the MS4 Permit provided the flexibility of a regional approach, allowing the municipalities to pool their resources. It permitted the regional stormwater entity, the EOHWC, to search region-wide to find the most cost effective retrofit projects and to modify the regional retrofit plan as needed to substitute more cost effective projects for others that proved too expensive or otherwise not practical. This flexibility was achieved without relinquishing individual municipal responsibility. 13 Appellants’ demand for an individual permit for each municipality with emission limits, a defined technological standard of maximum extent practicable and a fixed reduction target is contrary to the guidance from EPA quoted above and would not ensure that the optimal opportunities for the reduction of phosphorus discharges at the lowest cost per kilogram would be selected. The flexibility of the regional approach is authorized by the Clean Water Act and vital for the continued effort to reduce phosphorus in the EOH Watershed. POINT II REQUIRING PUBLIC PARTICIPATION ON EACH REGIONAL PLAN OR CHANGE THEREOF WOULD EXCEED THE REQUIREMENTS OF THE CLEAN WATER ACT The court below properly rejected appellants’ claim that the MS4 Permit violated the Clean Water Act’s public participation requirements. The court held, “It was not arbitrary and capricious for the DEC to limit the opportunity for public hearings to those situations in which a new general permit is proposed or an existing general permit is renewed . . . .” (A. xviii) The relevant statutory provisions, 33 USC § 1342(a)(1) and ECL 17-0808(1)(a)(ix), only require public hearings and participation on permit applications, which DEC has reasonably interpreted to apply to the general permit itself, not to each plan or modification of a plan developed pursuant to the general permit. Each individual retrofit project 14 receives public review as may be required in the municipal permitting process, as well as review under the State Environmental Quality Review Act. The most significant step in the formation of the regional retrofit plan was the completion of the technical studies in Westchester and Putnam Counties to locate potential sites for stormwater retrofit projects. These technical studies were the basis of the selection process for the stormwater retrofit projects which the EOHWC and its municipal members elected to pursue in the first five year plan. That selection process included many of the factors noted by EPA as quoted above, such as conditions of receiving waters, specific local concerns, implementation schedules, current ability to finance the program, beneficial uses of receiving water, hydrology, geology, and capacity to perform operation and maintenance. In practice it has been vital to be able to modify the five year regional plan as better projects come to light. As EOHWC nears the conclusion of the first five year implementation period under the MS4 Permit, it is managing the design and construction of over one hundred retrofit projects in the nineteen member municipalities, including Putnam County. The modifications are made as part of an ongoing dialogue between DEC and EOHWC in which environmental protection, feasibility and the cost per kilogram removed are paramount. Many stormwater retrofit projects which were part of the initial plan have been discarded after initial 15 engineering and replaced with more attractive projects. Others have been added to the five year regional plan to ensure that the first five year target would be reached. Subjecting the initial plan and each of the numerous modifications to a public hearing and public comment would defeat the purpose of the general permit, as well as slow the retrofit process to the point of inability to meet the five year reduction goal. Each of the projects in the regional plan, whether in the initial five year plan or a modification, is selected pursuant to criteria in the MS4 Permit, which itself was subject to a public hearing and participation. As the court below stated, “any modifications to a draft general permit resulting from public comment and hearings will extend to all covered entities.” (A. xviii) The Clean Water Act requires no more. General permits are expressly authorized by the EPA regulations. To require a public hearing or public participation for each project under a general permit would defeat the purpose of a general permit. POINT III THE AMBIENT MONITORING PROVIDED FOR IN THE MS4 PERMIT SATISFIES THE CLEAN WATER ACT Appellants have argued that the Clean Water Act requires the establishment of a baseline for each pollutant against which reductions in stormwater discharges can be measured. They essentially apply the standard for industrial dischargers to municipalities. However, as the court below pointed out, Congress did not use the same language in describing the industrial discharge and municipal stormwater 16 discharge programs. (A. xix) Permits for industrial dischargers must be based on effluent limitations, whereas permits for municipal storm sewer discharges “shall require controls to reduce the discharge of pollutants to the maximum extent practicable.” Id. As pointed out above, the MS4 Permit provides for ambient monitoring of receiving waters to determine if water quality standards have been met. The covered entities or an RSE must prepare and implement, participate in or utilize the results of existing or ongoing ambient water quality monitoring programs to validate the accuracy of models and evaluate the effectiveness of the additional BMPs for watershed improvement strategies. If the modeling shows that loading of the POC [pollutant of concern] is not being reduced to meet the waste load allocation, the SWMP must be modified to reduce the pollutant loading to meet the waste load allocation. MS4 Permit, III.B.2 (A. 265) The majority of stormwater retrofit projects are collecting stormwater, which is otherwise flowing across landscapes of impervious surfaces, and channeling it into treatment practices. There is generally no practical way to accurately measure the content of a sheet flow discharge before and after treatment. The ambient monitoring approach chosen by DEC for the MS4 Permit is reasonable and consistent with EPA regulations. In the 2009 Phosphorus TMDL Implementation Plan, DEC provided, “The modeling and allocation assumptions will be adjusted according to ambient monitoring results and according to further modeled phosphorus reduction 17 opportunities.” Thus in the long term, DEC and New York City Department of Environmental Protection will be monitoring the New York City reservoirs to determine if the phosphorus levels meet the water quality standards they have set. It is understood that the phosphorus levels in these large water bodies will change slowly over time. It would be unreasonable to impose an industrial discharger type of effluent limit and monitoring permit on a municipality’s stormwater discharges. 18 CONCLUSION The EOH Coalition and the East of Hudson Watershed Corporation have been operating under the MS4 Permit for five years and have accomplished the phosphorus reduction requirements applicable to the member municipalities. Although all construction projects are not yet completed, the five year stormwater retrofit plan has been credited with more than the 459.5 kilogram reduction of phosphorus required by the MS4 Permit and the TMDL Implementation Plan. Key to the program has been bubble compliance and the flexibility of the regional plan approach, allowing EOHWC to select the sites that will deliver the greatest reduction at the least cost, together with the ability to substitute projects as better sites are discovered upon agreement with DEC. DEC’s interpretation of the Clean Water Act and EPA’s regulations as not requiring effluent limits, public participation and monitoring for each component of the five year plan is both reasonable and practical. It is important for the continuation of the stormwater management program to reject the changes advocated by appellants. For these reasons we respectfully urge the Court to affirm the decision of the court below and to dismiss the petition in its entirety. Respectfully Submitted, Attotne icus Curiae East of Hudson Coalition 20 Spring Brook Park Rhinebeck, New York 12572 grodenhausen@rodenhausenchale.com 19 ADDENDUM TABLE OF CONTENTS Page A. Section 2.4.C of Croton Watershed TMDL Phase II Phosphorus TMDL Implementation Plan, Regarding Additional Requirements for MS4s in the East of Hudson Watershed…………….………….....ADD1 B. Letter to George A. Rodenhausen from Thomas R. Snow, Jr., dated September 14, 2011, regarding East of Hudson MS4 Heightened Requirements “Bubble Compliance”…………………………………...ADD5 C. East of Hudson Watershed Corporation, EOHWC Year 5 Progress Report, December, 2014.........………..ADD8 Croton Watershed Phase 1\ Phosphorus TMDL Implementation Plan Prepared in accordance with the New York City Watershed Memorandum of Agreement (January 1997) New York State Department of Environmental Conservation Division of Water ADD! 2.4.C Additional Requirements for MS4s in the East of Hudson Watershed To assist with this phosphorus reduction effort, the Part IX of the MS4 General Pennit includes additional best management practices for MS4s in the East of Hudson watershed. Task2.4.C DEC . The Department will review design of the required stonnwater retrofit plans for MS4s in the East of Hudson watersheds and grant approval based on ability of design to demonstrate the proposed phosphorus reduction. The Arc-View Generalized Watershed Loading Function (A VGWLF) model was utilized by DEC to estimate phosphorus loading from stonnwater runoff in specific, high intensity developed areas of the Croton watershed. This modeling indicated approximately 2,400 kg/yr of phosphorus due to high-density development land use. The breakdown ofMS4 contributions to . this phosphorus load is shown in Table 3 on page 12 of this report. While implementation of the reductions listed in these tables will not alone achieve compliance with TMDL values, other non- structural measures, including those listed on the following page and discussed further in this plan, are expected to provide further reductions. MS4s are required to continue with enhanced phosphorus reduction efforts until the TMDLs.have been met. • Further point source reductions due to lower SPDES effluent limits • lIIicit discharge detection and elimination • Septic inspection and repair programs • Reduction in use of phosphorus-based fertilizer and detergents • Restriction of domestic animal access to water bodies • Future retrofits oflower intensity developed areas 2.4.D Retrofit Design Based on the rationale provided below, DEC watershed-wide retrofit phosphorus reduction for the Croton Watershed MS4s for the next five year period has been set at 600 kg/yr, with 120 kg/yr as an annual target. The phosphorus reduction values to be attained by retrofit of stormwater conveyances have been apportioned among the regulated Croton Watershed MS4 TownsNiIIages, New York State Department of Transportation (DOT) and Westchester, Putnam and Dutchess Counties. These yalues were established assuming that approximately 50% (1200 kg) of the HID . phosphorus load reduction can be achieved, and aim to achieve this goal over a ten-year period. Therefore, it is expected that approximately 18% of the "remaining reductions" required ofMS4s in the Croton watershed c~n he achieved through retrofitting in HID areas. Clearly, further retrofitting in lower intensity developed areas may be required, in addition to other non-structnral measures, to achieve compliance with the TMDLs. . -10- ADD2 , As noted previously, this implementation plan .will be evaluated in 2013 based on available data. The modeling and allocation. assumptions will be adjusted according to ambient monitoring results and according to further modeled phosphorus reduction opportunities. The annual phosphorus load reduction targets to be attained from retrofits for each MS4 should be shown on retrofit design plans to be submitted to DEC for approval. The suggested modeling tools for MS4 retrofit evaluation are Source Loading and Management Model (WinSLAMM) and Watershed Treatment Model (W1M). Consistent use of these models will facilitate a more equitable evaluation of proposed phosphorus load reductions. The retrofit responsibilities allocated to DOT and Westchester, Putnam and Dutchess Counties were calculated by apportioning approximately 5% of the total DEC-modeled HID phosphorus load according to the relative amounts of Town, Village, County and DOT road miles in each MS4 municipality as indicated in Appendix F. 2.4E Regional Stormwater Entity (RSE) Fonnation Participation in a RSE is voluntary and will enable resource sharing, as well as enhanced funding opportunities among participating MS4s. A regional stormwater entity may site retrofits to obtain a better cost-to-phosphorus-reduction ratio. An RSE might discover that phosphorus reduction could be most economically obtained through projects situated solely in one or more municipalities or basins. Compliance will be judged by the ability of the RSE to demonstrate that it is satisfYing the individual permit requirem~nts, including the combined phosphorus reduction requirements of member MS4s. If the RSE is deemed non-compliant, all member MS4s will be required to achieve compliance individually or will be judged non-compliant. In order to comply with the retrofit requirement and achieve these phosphorus load reductions and other measures on a regional basis, the Department will require that a large majority of the land area in the EOH be represented by coalition members. Table 3 on the following page shows the five-year phosphorus reduction values for individual MS4s that will achieve compliance with the retrofit requirement of the SPDES General Permit for Stormwater Discharges. ·11· ADD3 Table 3: Hi!!h Intensit Develooment Retrofit Phosohorus Rednction Targets bv MS4 (kwvr) MS4 Five Year Phosphorus Annual Phosphorus Reduction Reduction . Bedford 32.2 6.5 Beekman I 0.2 Brewster 9.2 1.S Carmel 72.0 14.4 Cortlandt 11.6 2.3 East Fishkill 3.2 0.6 Kent 33.6 6.7 Lewisboro 35.5 7.1 Mount Kisco IS.7 3.7 New Castle 25.1 5.0 North Castle I 0.2 North Salem 19.1 3.8 Patterson 17.2 3.4 Village of Pawling 4.3 0.9 Town of Pawling 3.5 0.7 Pound Ridge 9.5 1.9 Putnam Valley I 0.2 Somers 50.0 10.0 Southeast 31.1 6.2 Yorktown 54.0 10.8 Dutchess County 3.1 0.5 Putnam County 30.9 6.2 Westchester County 8.2 1.6 NYSDOT 126.1 25.2 -12- ADD4 New York State Department of Environmental Conservation New York City Watershed Office, 4th Floor 625 Broadway, Albany, New York 12233-1040 Ph!>ne: (518) 402-9395 • FAX: (518) 402-9392 Website: www.dec.ny.gov George A. Rodenhausen, Esq. Rapport Meyers LLP 20 Spring Brook Park Rhinebeck, NY 12572 September 14, 2011 Re: East of Hudson MS4 Heightened Requirements "Bubble" Compliance Dear Mr. Rodenhausen: Joe Martens Commissioner I am writing in response to your correspondence seeking clarification on the New York State Department of Environmental Conservation's ("DEC") enforcement of general permit GP- 0-10-002 for Municipal Separate Storm Sewer Systems ("M$4 Permit") where municipalities are participating in a regional stormwater retrofit plan. As stated in your letter, the East of Hudson Coalition ("EOH Coalition") is about to form a local development corporation ("LDC") to assist all participating municipalities implement stormwater retrofit projects on a regional basis under one regional retrofit program. However, it is DEC's understanding that the EOH Coalition does not quality to obtain coverage as a single entity as detailed in Part II (G) of the MS4 Permit. Therefore, MS4 Permit compliance will continue to reside with the individual towns that comprise the EOH Coalition. To specifically address your question(s), when DEC approved the five year stormwater retrofit plans covering Westchester and Putnam Counties, it approved the specific proposed retrofits contained therein. If the proposed retrofit plan contained all the necessary information in orderto evaluate the individual projects and phosphorus removal rates were calculated correctly, then DEC's approval also included a determination of phosphorus reduction credits associated with each retrofit project. While a majority of retrofit projects were initially approved and phosphorus reduction credits assigned, there were a few retrofit projects that required the submission of additional information in order to properly determine phosphorus removal credits. It is my understanding that this information has been submitted and phosphorus reduction credits assigned accordingly. Furthermore, if a stormwater retrofit is designed and constructed as originally proposed in the approved five year plan or any revisions thereof, then completed construction of an approved project will be deemed to have achieved the required phosphorus reducfion. DEC will continue to review and approve the annual construction activity reports due October of each year ADDS to ensure that projects are constructed in accordance with the five year plan and associated phosphorus load reductions are achieved.! If the DEC-approved EOH regional plan or any revision thereof is implemented within the time set forth in the plan or as prescribed in the MS4 Permit, a participating EOH municipality will be deemed to be in compliance with the stormwater retrofit and phosphorus reduction requirements of the MS4 Pennit. DEC will consider a participating municipality to be in compliance with the MS4 Permit, even if a municipality's individual phosphorus reduction allocation is not attained because no retrofit project was proposed in the municipality or because a proposed retrofit project was replaced in an approved revised plan by a retrofit project in another municipality. This is what DEC refers to as "bubble" compliance. Since the EOH plan is being implemented regionally by the LDC, the individual municipal phosphorus reduction load requirements for those participating towns are not applicable. In the event the DEC-approved EOH regional plan or any revision thereof is not implemented by the LOC within the time set forth in the plan or as prescribed in the MS4 Permit, then each and every participating municipality would not be in compliance with the MS4 Permit. This could result in enforcement proceedings against all of the participating towns collectively. If such a scenario were to develop and the LDC continued to exist and be active, DEC would certainly continue to work cooperatively with the LOC on any plan amendments or other measures to assist those participating municipalities in ensuring full implementation ofthe EOH regional plan. The LDC could continue to assist the participating municipalities address the remaining phosphorus reduction requirements even though it may be through an enforcement proceeding. If the LOC were to fall short of the EOH Coalition's phosphorus reduction requirements and the LDC were no longer in existence, then the remaining phosphorus reduction requirements would be divided up amongst the participating municipalities. This would be based on total percentage of a town's load reduction to overall phosphorus load reduction. For example, say the LOC, on behalf of the EOH Coalition, was required to reduce phosphorus by 520 kilograms (kgs) for the five year period. However, at the end of the MS4 Permit a total of 400 kgs was completed. The 120 kgs remaining would then be divided proportionately so that each town would be responsible a proportionate share. Ifthe Town of Lewisboro's individual load reduction requirement was 10 percent of the overall phosphorus load reduction, then it would be responsible for 10 percent of the 120 kgs of remaining phosphorus reduction, or 12 kgs. An Order on Consent would be drafted with all participating municipality and include a project implementation plan and schedule of compliance for completing any remaining stormwater retrofit projects .. In closing, DEC applauds all·the efforts of the EOH Coalition in creating the regional stormwater entity and believes this is an efficient and cost effective approach to addressing the stormwater retrofit reduction requirements as set forth in the MS4 Permit. J Please note that the MS4 Permit does not currently require water quality monitoring of retrofits to demonstrate compliance with the EOH Coalition's overall phosphorus reduction load requirement. ADD6 If you have any additional questions or need any further information, please do not hesitate to contact me at (518) 402-9395. cc: R. Capowski, NYSDEC K. Kosinski, NYSDEC C. Lamb-Lafay, NYSDEC C. Spreitzer, NYSDEC M. vonWergers, NYSDEC W. Harding, Watershed Council Sincerely, ~'t~)~ .. Thomas R. Snow, Jr. New York City Watershed Coordinator ADD7 ~'j.. EAST OF HUDSON K,j WATERSHED CORPORATION EOHWC Year 5 Progress Report December 2014 This Year 5 Stormwater Retrofit Progress Report (Y5 SRPR) has been prepared by the East of Hudson Watershed Corporation (EOHWC) to document the progress of the stormwater retrofit program in the East of Hudson New York City Watershed through 2014 (Year 5). It is submitted in fulfillment of the requirements of Part IX.A.5.b of the May 1, 2010, SPDES General Permit for Stormwater Discharges from MS4's (MS4 Permit) The EOHWC was established as a regional stormwater entity under Part IV.B of the MS4 Permit to administer, coordinate and implement the East of Hudson regional stormwater retrofit projects (SRPs) with funding made available by the NYCDEP, Westchester County, and Putnam County. Through the EOHWC, the member municipalities are collectively achieving compliance with their SRP requirements, regardless of the physical location of each retrofit. The Year 5 SRPs for each member municipality were identified by stormwater technical committees in Dutchess, Putnam, and Westchester counties and by Town personnel (e.g. town engineer, highway superintendent). The stormwater technical committees include: the Croton-Kensico Watershed Intermunicipal Coalition (CKWIC), the Putnam County MS4 Coordinating Committee (PCMS4CC) Stormwater Technical Advisory Committee (STAC), and the Dutchess County MS4 Coordination Committee. The Year 5 work plan was submitted to and approved by the New York State Department of Environmental Conservation (NYSDEC). The SRPs are phosphorus reducing stormwater retrofit projects designed to attain the five-year phosphorus removal requirement established by the NYSDEC. Construction contracts for those projects currently in design will be executed in either 2015 or 2016, depending on several factors including design progress, municipal review and acceptance, and easement negotiations. Construction of all Year 5 SRPs is expected to be completed in 2016. Year 5 Progress Report Page 1 of 27 December 2014 ADD8 l' • EAST OF HUDSON rtJ WATERSHED CORPORATION EOHWC Project Summaries B-CR-29 (Mount Holly Road - Year 1) - Located in the Town of Bedford, this retrofit project included a channel stabilization along Mount Holly Road. This project was completed by the municipality and funded by Westchester County. This project has been approved by the NYSDEC. B-MU-07 (Bedford Hills Memorial Park - Year 3) - Located in the Town of Bedford's Memorial Park, this retrofit project included the installation of a new Wet Extended Detention Pond. The project also included modifications to the existing stormwater conveyance system in order to direct runoff to the retrofit prior to being discharged to Lake Marie. This project has been approved for final credit by the NYSDEC. B-MU-21 (Beaver Dam Road - Year 2) - Located in the Town of Bedford, this retrofit was originally part of the Year 2 plan. Intended to be completed in Year 3, this project was included in the Solicitation #2 project list and subsequently removed to be completed by the municipality. The retrofit project originally included channel stabilization of an existing drainage course and installation of a Micropool extended Detention Pond and Pocket Pond. The retrofit was revised to subsurface infiltration. Construction was completed in 2013 and this project has been approved for final credit by the NYSDEC. B-MU-22 (The Narrows - Year 2) - Located in the Town of Bedford, this retrofit project includes the installation of a Hydrodynamic Separator and infiltration practices on Town property. Construction was completed in 2013 and this project has been approved for final credit by the NYSDEC. B-MU-23 (North Street- Year 1) - Located in the Town of Bedford, this retrofit project included the installation of brick pavers and perforated pipe underdrain to replace existing concrete gutter along North Street. This project was completed by the municipality, funded by Westchester County, and approved by the NYSDEC. B-MU-24 (School Street - Year 1) - Located in the Town of Bedford, this retrofit project included the installation of brick pavers and perforated pipe underdrain to replace existing concrete gutter along School Street. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. B-MU-25 (Guard Hill Road - Year 1) - Located in the Town of Bedford, this retrofit project included the stabilization of an existing dirt channel along Guard Hill Road. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. Year 5 Progress Report Page 2 of 27 December 2014 ADD9 Ij) EAST OF HUDSON {~ WATERSHED CORPORATION B-MU-28 (High Street/Ridge Street - Year 1) - Located in the Town of Bedford, this retrofit project included stabilization of an existing earthen channel along High and Ridge Street. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. B-MU-30 (South Church Street - Year 2) - Located in the Town of Bedford, this retrofit project included installation of a new infiltration basin to treat drainage from South Church Street. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC B-MU-32 (Babitt Road - Year 4) - Located in the Town of Bedford, this retrofit project included stabilization of an existing earthen channel along Babitl Road. This project was constructed by the municipality in 2013 and has been approved for final credit by the NYSDEC. B-MU-33A (Guard Hill East - Year 5) - Originally part of the Year 4 Plan postponed to Year 5, this SRP is located in the Town of Bedford and includes channel stabilization and construction of a new forebay along Guard Hill and Clark Road. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. B-MU-33B (Sunnyfield Farm - Year 5) - Located in the Town of Bedford, the proposed SRP is a wet detention pond on private property. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. B-MU-34 (Wood Road - Year 5) - Originally part of the Year 4 Plan postponed to Year 5, this SRP is located in the Town of Bedford and includes channel stabilization along Wood Road. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. B-MU-35 (Broad Brook Road - Year 5) - Originally part of the Year 4 Plan postponed to Year 5, this SRP is located in the Town of Bedford and includes channel stabilization and infiltration along Broad Brook Road. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. B-MU-38A (314 Mount Holly Road - Year 5) - Located in the Town of Bedford, this retrofit project includes construction of a wet extended detention pond on private and public property on Mount Holly Road. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. B-MU-41 (Succabone and Bisbee Road) - Located in the Town of Bedford, this retrofit project includes subsurface infiltration on public property on Mount Holly Road. This Year 5 Progress Report Page 3 of 27 December 2014 ADDlO rtf, EAST OF HUDSON ~ WATERSHED CORPORATION project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. B·NCR·27 (South Beach Road - Year 1) - Located in the Town of Bedford, this retrofit project included stabilization of an existing dirt channel along South Beach Road. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. Carmel·AM·111 (Mahopac Falls Elementary School - Year 4) - Located in the Town of Carmel, the proposed SRP originally called for construction of a subsurface sand filter to capture runoff from the existing parking lots and school grounds. The project has since split into two separate SRP's following further evaluation of the project site. Descriptions of Carmel·AM·111A and B are provided below. Carmel·AM·111A (Mahopac Falls Elementary School - Year 4) - Located in the Town of Carmel, the proposed SRP includes construction of a new subsurface infiltration system to capture runoff associated with existing and new parking areas and roof runoff from the elementary school buildings. Detailed design of this project is complete and construction is anticipated to commence in 2015. Carmel·AM·111B (Mahopac Falls Elementary School - Year 4) - Located in the Town of Carmel, the proposed SRP includes construction of a new subsurface infiltration system to capture runoff associated with existing parking areas and roof runoff from the high school buildings. Detailed design of the retrofit is in progress and construction is expected to start in 2015, pending acceptance by the owner. Carmel·AM·112 (Austin Road Elementary School- Year 3) - Located in the Town of Carmel, this retrofit project originally called for the installation of a new detention pond upon the initial field evaluation of the site. The proposed practice has since been revised to subsurface infiltration following concerns expressed by the Mahopac Central School District regarding open water hazards directly adjacent to a school building. Construction was completed in 2013 and this project has been approved for final credit by the NYSDEC. Carmel·AM·116 (Mahopac Middle School- Year 3)· Located in the Town of Carmel, this retrofit project originally called for the installation of a new detention pond upon the initial field evaluation of the site. The proposed practice has since been revised to subsurface infiltration. Construction was completed in 2013 and this project has been approved for final credit by the NYSDEC. Carmel·AM·129 (Hitchcock Hill Road - Year 1) - Located in the Town of Carmel, this retrofit project included the installation of a hydrodynamic separator in an eXisting drainage system along Hitchcock Hill Road. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Year 5 Progress Report Page 4 of 27 December 2014 ADDll ~i EAST OF HUDSON f;~ WATERSHED CORPORATION Carmel-CF-102 (Guide Post Seminary - Year 3) - Located on private property in the Town of Carmel, this retrofit project originally called for the installation of a new detention pond upon initial field evaluation of the site. The project has since split into two separate SRP's following further evaluation of the project site. Descriptions of Carmel-CF-102A and B are provided below. Carmel-CF-102A (Guide Post Seminary - Year 3) - Located in the Town of Carmel, this proposed retrofit project called for channel stabilization on private property on Guide Post Seminary property off of Hill Road. Construction began in late 2014 and is expected to conclude in early 2015. Carmel-CF-102B (Guide Post Seminary - Year 3) - Located in the Town of Carmel, this proposed retrofit project called for channel stabilization on private property on Guide Post Seminary property off of Hill Road. Construction began in late 2014 and is expected to conclude in early 2015. Carmel-CF-103 (Putnam Hospital Center - Year 4) - Located on private property in the Town of Carmel, the proposed SRP is for an extended detention wet pond. The SRP will treat the runoff from a portion of the parking lot and hospital buildings. This project is currently in the design phase and is on hold due to coordination difficulties with the site owner. Carmel-CF-113 (Fulmar Road Elementary School- Year 3) - Located in the Town of Carmel, the proposed SRP originally called for construction of a new detention pond. The project has since split into three separate SRP's following further evaluation of the project site. Descriptions of Carmel-CF-113A through C are provided below. Carmel-CF-113A (Fulmar Road Elementary School- Year 3) - Located in the Town of Carmel, this SRP includes the construction of a new subsurface infiltration system. Detailed design of the retrofit is complete, however construction has been postponed due to the estimated cost of the project. Carmel-CF-113B (Fulmar Road Elementary School- Year 3) - Located in the Town of Carmel, this SRP includes the construction of a new bioretention basin. Detailed design of the retrofit is complete, however construction has been postponed due to the estimated cost of the project. Carmel-CF-113C (Fulmar Road Elementary School- Year 3) - Located in the Town of Carmel, this SRP includes the construction of a new subsurface infiltration system. Detailed design of the retrofit is complete, however construction has been postponed due to the estimated cost of the project. Carmel-CF-119B (Kelly Ridge & St. Michael's Terrace - Year 2) - Located in the Town of Carmel, this retrofit project included the installation of a new detention pond in Year 5 Progress Report Page 5 of 27 December 2014 ADD12 .4f, EAST OF HUDSON ~,,) WATERSHED CORPORATION a residential area by St. Michael's Terrace. Construction was completed in 2014 and this project has been approved for final credit by the NYSDEC. Carmel-CF-123 (Garret Place - Year 2) - Located in the Town of Carmel, this retrofit project included the stabilization of an existing earthen channel along Garret Place. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Carmel-CF-124 (Kennicut Hill Road - Year 5) - Located in the Town of Carmel, the proposed SRP includes the construction of a new Wet Extended Detention Pond. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. Carmel-PA-01 (Shop Rite - Year 3) - Located in the Town of Carmel, this retrofit project which has. been cancelled as an agreement could not be reached with the private property owner. Carmel-PA-03 (The Meadows Plaza - Year 4) - Located in the Town of Carmel, this retrofit project which has been cancelled as an agreement could not be reached with the private property owner. Carmel-PA-08 (Carmel HS - Year 4) - Located in the Town of Carmel, the proposed SRP is for a cistern installation. The project has been cancelled as this is not an accepted SRP. Carmel-PC-10 (Donald Smith Campus - Year 3) - Located in the Town of Carmel, this retrofit includes the installation of a new grass swale on County property. The project has been cancelled by EOHWC due to site constraints. Carmel-PC-12 (Putnam County EOC - Year 3) - Located in the Town of Carmel, this retrofit includes the conversion of an existing dry basin to wet detention pond on County property. The project has been cancelled by EOHWC due to site constraints. Carmel-PRE-02 (Lakeview Court - Year 1) - Located in the Town of Carmel, this retrofit project included the stabilization of an existing outfall at Lakeview Court. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Carmel-PRE-03 (Silvergate Road - Year 1) - Located in the Town of Carmel, this retrofit project included the stabilization of an existing outfall at Silvergate Road. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Year 5 Progress Report Page 6 of 27 December 2014 ADD 13 EAST OF HUDSON WATERSHED CORPORATION Carmel-PRE-04 (Red Mills Road - Year 1) - Located in the Town of Carmel, this retrofit project included the stabilization of an existing outfall at Red Mills Road. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Carmel-PRE-06 (Belden Road - Year 1) - Located in the Town of Carmel, this retrofit project included the stabilization of an existing roadside channel along Belden Road. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Carmel-PRE-07 (Colier Drive - Year 1) - Located in the Town of Carmel, this retrofit project included the stabilization of an existing roadside channel along Belden Road. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. C-NC-01 (Quarry Acres Subdivision - Year 3) - Located in the Town of Cortlandt, this project has been cancelled and replaced with C-NC-01 B. C-NC-01A (Quarry Acres Subdivision - Year 3) - Located in the Town of Cortlandt, this retrofit originally called for channel stabilization upon initial field evaluation of the site. The proposed practice has since been revised to also include the construction of a Micropool Extended Detention Pond in addition to channel stabilization. Detailed design of the project is complete however construction has been postponed due to the estimated cost of the project. C-NC-01 B (Quarry Acres Subdivision - Year 3) - Located in the Town of Cortlandt, this retrofit project replaced C-NC-01. The retrofit includes channel stabilization and the installation of a Micropool Extended Detention Pond. Detailed design of the project is complete and construction is expected to begin in 2015. C-NC-05 (Correia Building Site - Year 5) - Located in the Town of Cortlandt, this retrofit project includes the construction of a wet pond on private property. Detailed design of the project is complete and construction is expected to begin in 2015. Kent-MB-Add 2 (Lake Shore Drive & Cottage Road - Year 3) - Located in the Town of Kent, this retrofit includes the installation of Wet Extended Detention Pond (P-3). Construction was completed in 2013 and this project has been approved for final credit by the NYSDEC. Kent-MB-Add-3 (Lake Shore Drive and Valhalla Road - Year 3) - Located in the Town of Kent, this retrofit project includes the installation of a new Micropool Extended Detention Pond on Town property. Construction was completed in 2013 and this project has been approved for final credit by the NYSDEC. Year 5 Progress Report Page 7 of 27 December 2014 ADD14 ,~, EAST OF HUDSON {,j WATERSHED CORPORATION Kent-MB-Add-4 (Ryan Park - Year 3) - Located in the Town of Kent's Ryan Park, this retrofit includes the installation of a Hydrodynamic Separator- Construction was completed in 2013 and this project has been approved for final credit by the NYSDEC, Kent-MB-Add 5 (Kent Recreation Building - Year 3) - Located in the Town of Kent, this retrofit includes the installation of a Dry Swale on Town property. Construction was completed in 2013 and this project has been approved for final credit by the NYSDEC. Kent-MB-Add-19 (Ryan Park - Year 3) - Located in the Town of Kent's Ryan Park, this retrofit project includes the removal of an existing eroded channel and installation of a new sand filter- Construction was completed in 2013 and this project has been approved for final credit by the NYSDEC. Kent-MB-2 (Putnam Drive - Year 4) - Located in the Town of Kent, the proposed SRP is for the installation of a hydrodynamic separator. This project has been cancelled due to site constraints. Kent-MB-3 (Sebago Drive - Year 4) - Located in the Village of Kent, the proposed SRP is for a wet swale near the intersection of Sebago Road and State Route 311 in Kent, NY. This project has been cancelled due to site constraints. Kent-MB-311B (State Route 311 and 1-84 - Year 4) - Located in the Village of Kent, the proposed SRP has 3 major components; a new wet detention pond, channel stabilization, and pond enlargement. Drainage from an existing residential area has created an erosion channel which is to be repaired and runoff redirected to an engineered channel. This channel will lead to a newly constructed stormwater pond for treatment. The existing stormwater pond at the intersection of Route 311 and Interstate 84 will also be expanded to treat runoff from developed areas which currently bypass the existing pond. This project is currently in the design phase. Kent-MB-NLC (North Lake Carmel Stormwater Improvements - Year 2) - Located in the Town of Kent, this retrofit project included multiple improvements to the North Lake Carmel Stormwater system. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Kent-PA-31 (Putnam Stone & Mason Supply- Year 3) - Located in the Town of Kent, the proposed retrofit originally included a Dry Swale (0-1). The project has been revised to a Wet Swale (0-2). Detailed design of the revised practice is complete and construction is expected to start in 2015. Kent-PRE-06a (202 Boyds Corner Road - Year 1) - Located in the Town of Kent, this retrofit project included outfall stabilization. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Year 5 Progress Report Page 8 of 27 December 2014 ADD1S ~" EAST OF HUDSON ~!!J WATERSHED CORPORATION Kent-PRE-06b (236 Boyds Corner Road - Year 1) - Located in the Town of Kent, this retrofit project included outfall stabilization. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Kent-PRE-06c (322 Boyds Corner Road - Year 1) - Located in the Town of Kent, this retrofit project included outfall stabilization. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Kent-PRE-06d (326 Boyds Corner Road - Year 1) - Located in the Town of Kent, this retrofit project included outfall stabilization. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Kent-PRE-06e (Farmers Mills Road - Year 1) - Located in the Town of Kent, this retrofit project included channel stabilization. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Kent-PRE-06f (Meadow Brook Court - Year 1) - Located in the Town of Kent, this retrofit project included outfall stabilization. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Kent-PRE-03 (Barrett Hill/Route 52 - Year 1) - Located in the Town of Kent, this retrofit project included the installation of a hydrodynamic separator. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. L-CR-10A (The Meadows Subdivision - Year 4) - Located in the Town of Lewisboro, the proposed SRP is a micropool extended detention pond located south of Winterberry Court in The Meadows Subdivision in Lewisboro, NY. This has been cancelled. L-CR-10B (The Meadows Subdivision - Year 4) - Located in the Town of Lewisboro, the proposed SRP is a micropool extended detention pond located north of Winterberry Court in The Meadows Subdivision in Lewisboro, NY. This project has been cancelled. L-CR-11A (John Jay High and Middle School - Year 4) - Located in the Town of Lewisboro, the proposed SRP is for the expansion of an existing micro pool extended detention pond. Construction was completed in 2014. L-CR-11 B (John Jay High and Middle School - Year 4) - Located in the Town of Lewisboro, The proposedSRP originally called for bioretention. The project has since been revised to include the construction of a new Wet Extended Detention Pond. Construction was completed in 2014. Year 5 Progress Report Page 9 of 27 December 2014 ADD16 .~ EAST OF HUDSON ~!iJ WATERSHED CORPORATION L-CR-11C (John Jay High and Middle School - Year 4) - Located in the Town of Lewisboro, the proposed SRP includes stabilization of approximately 330 linear feet of an existing eroded drainage channel. Construction was completed in 2014. L-CR-11D (John Jay High and Middle School - Year 4) - Located in the Town of Lewisboro, the proposed SRP is a subsurface infiltration system. This project has subsequently been cancelled during the design phase due to unsuitable soil conditions. L-CR-11E (John Jay High and Middle School - Year 4) - Located in the Town of Lewisboro, the proposed SRP is a pocket pond. The project site is adjacent to North Salem Road. This project has subsequently been cancelled during the design phase due to existing site constraints. L-CR-13 (Tator Dodge - Year 4) - Located in the Town of Lewisboro, this project has been cancelled following an initial evaluation. L-CR-14 (Lewisboro Highway Garage - Year 3) - Located in the Town of Lewisboro, this retrofit originally included an infiltration practice. The project has been revised to a Sub-surface Sand Filter. This project has subsequently been cancelled during the design phase following a cost analysis evaluating the efficiency of the proposed retrofit. L-CR-15 (Twin Lakes Road - Year 1) - Located in the Town of Lewisboro, this retrofit project included the installation of riprap and grass swales along Twin Lakes Road to direct runoff to a new plunge pool and level spreader. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. L-CR-16 (Old Pond Road - Year 3) - Located in the Town of Lewisboro, this retrofit originally included channel stabilization. The project has been revised to a Pocket Pond (P-5) on private property. This project has subsequently been cancelled during the design phase following a cost analysis evaluating the efficiency of the proposed retrofit. L-CR-17 (Tarry-A-Bit Drive - Year 3) - Located in the Town of Lewisboro, this retrofit includes channel stabilization. This SRP was cancelled by EOHWC due to site constraints and impact to private property. L-CR-21 (Lake Kitchawan Stream - Year 1) - Located in the Town of Lewisboro, this retrofit project included a Vortec Hydrodynamic Separator and basin, discharging to the lake. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. Year 5 Progress Report Page 10 of 27 December 2014 ADD17 t EAST OF HUDSON (~,.~ WATERSHED CORPORATION L-CR-25 (Truesdale Lake and Lakeshore Drive -Year 3) - Located in the Town of Lewisboro, this retrofit includes a Hydrodynamic Separator. This SRP was cancelled by EOHWC due to site constraints. L-CR-26 (Truesdale Lake Drive - Year 1) - Located in the Town of Lewisboro, this retrofit project included the stabilization of an existing eroded channel and installation of a new hydrodynamic separator along Truesdale Lake Drive. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. L-CR-28 (Schoolhouse Road - Year 4) - Located on private property in the Town of Lewisboro, the proposed SRPs originally included two pocket wetland systems. The project has since been revised to include the construction of a new Wet Extended Detention Pond and Micropool Extended Detention Pond. This project is currently in the design phase with construction expected to take place in 2.015. L-CR-29 (Salem Hill Road - Year 5) - Located on private property in the Town of Lewisboro, the proposed SRP includes the construction of a new Wet Extended Detention Pond. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2.015 and 2.016. L-CR-30 (Mead Street - Year 5) - Located on private property in the Town of Lewisboro, the proposed SRP includes the construction of a new Extended Detention Shallow Wetland. Detailed design was completed by the municipality and construction is expected to be completed in 2.015. MK-NC-06 (The Park - Year 4) - Located in the Town of Mount Kisco, the proposed SRP is for subsurface infiltration. The project has been cancelled due to its location on private property. MK-NC-07 (The Commons - Year 4) - Located in the Town of Mount Kisco, the proposed SRP is for subsurface infiltration. The project has been cancelled due to its location on private property. MK-NC-09 (American Legion Building - Year 3) - Located in the Village of Mount Kisco, this project has been cancelled as it is located within a classified stream, and an alternative project location could not be identified. MK-NC-14 (Sunny Ridge Road - Year 4) - Located in the Town of Mount Kisco, the proposed SRP is for two bioretention areas. This project has been cancelled due to its location on private property. Year 5 Progress Report Page 11 of 27 December 2.014 ADDI8 EAST OF HUDSON WATERSHED CORPORATION MK-NC-15 (Village Sewer Pump Station Driveway Stabilization - Year 1) - Located in the Village of Mount Kisco, this retrofit project included the stabilization of an existing dirt driveway at the Village sewer pump station with asphalt millings. This project was completed by the municipality, funded by Westchester County, and approved by the NYSDEC. MK-NC-18 (Hillside Water Tower Access Driveway Stabilization - Year 1) - Located in the Village of Mount Kisco, this retrofit project included the stabilization of an existing earthen access driveway to the Hillside Water Tower with asphalt millings. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. MK-NC-19 (Village Sewer Pump Station Rooftop Disconnect - Year 1) - Located in the Village of Mount Kisco, this retrofit project included disconnecting a roof drain that previously discharged to a wetland. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. MK-NC-20 (CVS, South Bedford Road - Year 4) - Located in the Village of Mount Kisco, the proposed SRP is for channel stabilization on an existing drainage channel located on private property. This project is currently in the design phase. MK-NC-21 (Mt. Kisco Medical Group Satellite Office - Year 4) - Located in the Village of Mount Kisco, the proposed SRP is a pocket wetland. The engineered wetland will replace an unclassified manmade wetland. The project is currently in the design phase. MK-NC-22 (Leonard Park - Year 4) - Located in the Village of Mount Kisco, the proposed SRPs are one dry swale, six surface sand filters, and eight bioretention areas. This project is currently in the design phase. MK-NC-23 (Leonard Park Driveway Stabilization - Year 1) - Located in the Village of Mount Kisco, this retrofit project included the stabilization of an existing dirt driveway in Leonard Park with asphalt millings. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. MK-NC-24 (Leonard Park Pavement Removal - Year 1) - Located in the Village of Mount Kisco, this retrofit project included the removal of an asphalt path in Leonard Park, restoring the area to grass lawn area. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. MK-NC-25 (Mount Kisco Medical Group - Year 4) - Located in the Village of Mount Kisco, the proposed SRP is for the design of two hydrodynamic separators to be located on private property. This project has been cancelled. Year 5 Progress Report Page 12 of 27 December 2014 ADDl9 EAST OF HUDSON WATERSHED CORPORATION MK-NC-28 (Chase Subdivision - Year 4) - Located in the Village of Mount Kisco, the proposed SRP calls for the water quality treatment of a paved access road which has been installed on private property. This project has been cancelled due to site constraints. MK-NC-29 (Mount Kisco DPW Yard - Year 4) - Located in the Village of Mount Kisco, the proposed SRP is a wet pond. The Village began design in 2013 and construction is expected to begin in 2015. MK-NC-30 (71 Maple Ave - Year 4) - Located in the Village of Mount Kisco, the proposed SRP called for the removal of existing impervious area. This is not an eligible SRP and therefore has been removed from our list of potential projects. MK-NC-31 (Perforated Drain Pipe Installation - Year 1) - Located in the Village of Mount Kisco, this retrofit project included the installation of perforated drain pipe whenever the Village replaced existing pipes to provide infiltration. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. MK-NC-32 (Infiltration for House Additions - Year 1) - The Village of Mount Kisco now requires any house addition to infiltrate runoff from any increase in impervious surfaces. MK-NC-33 (Brook Street - Year 4) - Located in the Village of Mount Kisco, the proposed SRP is channel stabilization to take place on municipal and private property. The Village began design in 2013 and construction is expected to begin in 2015. MK-NC-34 (Leonard Park Riparian Buffer - Year 4) - Located in the Village of Mount Kisco, the proposed SRP was the installation of a riparian buffer around an existing pond in Leonard Park. This is not an eligible SRP and therefore has been removed from our list of potential projects. NewC-NCR-04A (Millwood Business Center - Year 4) - Located in the Town of New Castle, the proposed SRP is a pocket pond. This project has been cancelled due to its location on private property. NewC-NCR-04B (Millwood Business Center - Year 4) - Located in the Town of New Castle, the proposed SRP is a wet detention pond. This project has been cancelled due to its location on private property. NewC-NCR-05A (Westorchard School- Year 5) - Located in the Town of New Castle, the proposed SRP includes the construction of a new subsurface infiltration Year 5 Progress Report Page 13 of 27 December 2014 ADD20 system. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. NewC-NCR-05B (Westorchard School- Year 5) - Located in the Town of New Castle, the proposed SRP includes the construction of a new dry swale. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. NewC-NCR-07 (Seven Bridges School- Year 4) - Located in the Town of New Castle, the proposed SRP is for an increase in storage capacity of an existing pond system. This project has been cancelled due to site constraints. NewC-NCR-08 (Random Farms - Year 4) - Located in the Town of New Castle, the proposed SRP is for the construction of a forebay to an existing pond system. Based upon the feasibility and location of the project, it has been cancelled. NewC-NCR-12A (Horace Greeley High School - Year 4) - Located in the Town of New Castle, the SRP originally called for the installation of a Wet Detention Pond. The project has since been revised to bioretention. Detailed design of the project has been completed, however the project was cancelled due to high construction costs. NewC-NCR-12B (Horace Greeley High School - Year 4) - Located in the Town of New Castle, the original SRP is for a subsurface sand filter which has been revised to bioretention and underground infiltration. This project was subsequently cancelled during the design phase as it was deemed to not be viable upon further evaluation. NewC-NCR-12C (Horace Greeley High School - Year 4) - Located in the Town of New Castle, the proposed SRP is for subsurface infiltration. Detailed design of the project has been completed, however the project was cancelled due to high . construction costs. NewC-NCR-13 (New Castle DPW - Year 4) - Located in the Town of New Castle, the proposed SRP is for the construction of a dry swale on the grounds of the DPW yard. This project has been cancelled. NewC-NCR-19A (Fox Den Road - Year 4) - Located in the Town of New Castle, the proposed SRP is a wet extended detention pond. This project has been cancelled due to its location on private property. NewC-NCR-32-2A (Old Roaring Brook Road - Year 4) - Located in the Town of New Castle, the proposed SRP is a bioretention area. This project has subsequently been cancelled during the design phase following a cost analysis evaluating the efficiency of the proposed project. Year 5 Progress Report Page 14 of 27 December 2014 ADD21 !' . . ili EAST OF HUDSON t~ WATERSHED CORPORATION NewC-NCR-32-2B (Old Roaring Brook Road - Year 4) - Located in the Town of New Castle, the proposed SRP is a pocket pond installed on private property. This project has subsequently been cancelled during the design phase following a cost analysis evaluating the efficiency of the proposed project. NewC-NCR-32-2C (Old Roaring Brook Road - Year 4) - Located in the Town of New Castle, the proposed SRP is a pocket pond installed on private property. This project has subsequently been cancelled during the design phase following a cost analysis evaluating the efficiency of the proposed project. NewC-NCR-32-2D (Old Roaring Brook Road - Year 4) - Located in the Town of New Castle, the proposed SRP is a pocket pond installed on private property. This project has subsequently been cancelled during the design phase following a cost analysis evaluating the efficiency of the proposed project. NewC-NCR-33A (Burden Preserve - Year 5) - Located in the Town of New Castle, the proposed SRP includes channel stabilization on public property. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. NewC-NCR-33B (Burden Preserve - Year 5) - Located in the Town of New Castle, the proposed SRP includes channel stabilization on public property. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. NS-MU-01A (Back Street & West Cross Street - Year 3) - Located in the Town of North Salem, this retrofit project includes the installation of a new Extended Detention Pond on NYCDEP property. This project has subsequently been cancelled during the design phase following.a cost analysis evaluating the efficiency of the proposed project. NS-MU-01B (Back Street & West Cross Street - Year 3) - Located in the Town of North Salem, this retrofit originally included the installation of an infiltration practice on NYCDEP property. The project has been revised to a Surface Sand Filter. Detailed design of the revised practice is in progress and construction is expected to start in 2015. NS-MU-01C (Front Street - Year 3) - Located in the Town of North Salem, this retrofit project includes the installation of a Bioretention practice on NYCDEP property. This project has subsequently been cancelled during the design phase following a cost analysis evaluating the efficiency of the proposed project. Year 5 Progress Report Page 15 of 27 December 2014 ADD22 EAST OF HUDSON WATERSHED CORPORATION NS-MU-05 (North Salem DPW - Year 4) - Located in the Town of North Salem, the proposed SRP included subsurface infiltration and a micropool extended detention basin. This project has been executed by the Town of North Salem as part of a greater construction effort at their DPW yard and was constructed in 2014. This project has been approved for final credit by the NYSDEC. NS-MU-OS/09 (Sunset Drive and Westview Cross Road - Year 2) - Located in the Town of North Salem, this retrofit project included rehabilitation of existing eroded drainage channels. This project was completed by the municipality and approved for final credit by NYSDEC. NS-MU-10 (Ridgeway Ave Culvert - Year 3) - Located in the Town of North Salem, this retrofit has been cancelled as it was located in a classified stream. NS-MU-11 (Hand Scrabble Road Park - Year 3) - Located in the Town of North Salem's Hand Scrabble Road Park, this retrofit includes the installation of a new Extended Detention Pond. Detailed design of the practice is in progress and construction is expected to start in 2015. Pat-EB-09-01 (Big Elm Road -Year 3) - Located in the Town of Patterson, this retrofit includes the installation of a new Pocket Pond (P-5) on Town property. Construction for this project was completed in 2014. This project has been approved for final credit by the NYSDEC. Pat-EB-09-02 (Patterson Fire Department - Year 3) - Located in the Town of Patterson, this retrofit includes the installation of a new Pocket Pond on private property. This project has been cancelled due to issues obtaining the needed easements. Pat-EB-09-03 (Veteran's Memorial Park - Year 4) - Located in the Town of Patterson, the proposed SRP originally called for construction of a pocket pond to treat runoff from the existing parking lots and park grounds. The project has since'split into two separate SRP's following further evaluation of the project site. Descriptions of Pat-EB-09-03A and B are provided below. Pat-EB-09-03A (Veteran's Memorial Park - Year 4) - Located in the Town of Patterson, the proposed SRP is for a subsurface infiltration system. Detailed design for this project has been completed and construction is anticipated to commence in 2015. Pat-EB-09-03B (Veteran's Memorial Park - Year 4) - Located in the Town of Patterson, the proposed SRP is for a bioretention area. Detailed design for this project has been completed and construction is anticipated to commence in 2015. Pat-EB-09-04a/04b/04c (Old Route 222 Modified Grass Swale - Year 2) Located in the Town of Patterson this retrofit project included several modified grass swales along Year 5 Progress Report Page 16 of 27 December 2014 ADD23 EAST OF HUDSON WATERSHED CORPORATION Old Route 22 to replace existing eroded swales. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Pat-MB-05 (Gottwald Property -Year 3) - Located in the Town of Patterson, this retrofit project includes the installation of a new Pocket Pond on private property. Project has been cancelled due to issues obtaining the needed easements. Pat-MB-06 (Fields Corner Road -Year 3) - Located in the Town of Patterson, this retrofit project includes the installation of a Dry Swale on Town property. Construction for this project was completed in 2014. This project has been approved for final credit by the NYSDEC. PATTERSON-PA-03D (465 Lake Shore Drive - Year 4) Located in the Town of Patterson, this SRP calls for the installation of a plunge pool. This is no longer an approved SRP and has been cancelled. The site may be re-evaluated for a different SRP. Patterson-PA-10 (Patterson Town Hall- Year 2) - Located in the Town of Patterson, this retrofit includes the installation of an infiltration practice. The project was completed by the Patterson Highway Department in 2013 and approved for final credit by the NYSDEC. Patterson-PA-11 (Patterson Highway Garage - Year 3) - Located in the Town of Patterson, this retrofit includes the installation of two pocket ponds and bioretention. Construction was completed in 2013 and approved for final credit by the NYSDEC. Patterson-PA-15A (Matthew Patterson Elementary School - Year 5) - Originally part of the Year 4 Plan postponed to Year 5, this SRP is located in the Town of Patterson and includes construction of a grass swale. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. Patterson-PA-15B (Matthew Patterson Elementary School - Year 5) - Originally part of the Year 4 Plan postponed to Year 5, this SRP is located in the Town of Patterson and includes construction of a bioretention basin. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. Pat-PRE-02 (T&T Associates - Year 1) - Located in the Town of Patterson, this retrofit project included the installation of grass swale. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. Year 5 Progress Report Page 17 of 27 December 2014 ADD24 ,. EAST OF HUDSON . {!!J WATERSHED CORPORATION Pat-PRE-03 (Brewster Plastics - Year 1) - Located in the Town of Patterson, this retrofit project included the installation of new detention pond. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC .. Pat-PRE-04 (White Birch Realty - Year 1) - Located in the Town of Patterson, this retrofit project included the installation of sand filter. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC .. Pat-PRE-05 (T&T Associates - Year 1) - Located in the Town of Patterson, this retrofit project included the installation of grass swale. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEG.. Pat-PRE-06a-j (Putnam Lake - Year 1) - Located in the Town of Patterson, this retrofit project included the installation of multiple detention ponds and hydrodynamic separators at various sites around Putnam Lake. This project was completed by the municipality, funded by Putnam County, and and approved for final credit by the NYSDEC .. PC-1 (Putnam National Golf Course - Year 3) - Located in the Town of Carmel, this retrofit project originally called for the conversion of approximately two acres of gravel parking lot to porous asphalt The project was revised to subsurface infiltration. Construction of this project was completed in 2014. This project has been approved for final credit by the NYSDEC. PC-1A (Putnam National Golf Course - Year 3) - Located in the Town of Carmel, this retrofit project includes the installation of a Wet Extended Detention Pond on the golf course. Construction of this project was completed in 2014. This project has been approved for final credit by the NYSDEC. PC-3 (Milltown Road - Year 4) - Located in the Town of Southeast, the proposed SRP was a channel stabilization and dry swale. This SRP has been cancelled due to site constraints. PC-4 (T&T Associates - Year 1) - Located in the Town of Southeast, this retrofit project included channel stabilization. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. PC-5N,5S (Putnam County Highway Department - Year 4) - Located in the Town of Patterson, the proposed SRPs are for two wet extended detention ponds. This project has completed design by the County and is scheduled for construction in 2015. Year 5 Progress Report Page 18 of 27 December 2014 ADD25 t, tI' EAST OF HUDSON ~!!i WATERSHED CORPORATION PC-6 (T&T Associates - Year 1) - Located in the Town of Carmel, this retrofit project included the removal of existing impervious area. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. PC-9 (T&T Associates - Year 1) - Located in the Town of Kent, this retrofit project included the installation of a sand filter. This project was completed by the municipality, funded by Putnam County, and approved for final credit by the NYSDEC. PC-11B (Multiple Roads - Year 4) - Located in the Town of Kent, the proposed SRP was for the stabilization of 2 earthen channels and outfall stabilization. The projects have been cancelled due to site constraints. PC-11C-1 (Ninham Field HQ - Year4) - Located in the Town of Kent, the proposed SRP is for the stabilization of an existing outfall. This project has been cancelled due to site constraints. PC-11C-2 (Crane Road/Pennebrook Lane - Year 4) - Located in the Town of Kent, the proposed SRP is for the stabilization of an existing outfall. This project has been cancelled due to site constraints. PC-11C-3 (Long Pond Road - Year 4) - Located in the Town of Carmel, the proposed SRP is for the stabilization of an existing outfall. This project has been cancelled due to site contraints. PC-17 (Fair Street/Fields Corner - Year 4).:.. Located in the Town of Patterson, the proposed SRP is for the stabilization of an existing outfall. This SRP has been cancelled because there is currently a Year 3 practice at this location. PC-22 (Peaceable Hill Road- Year 5) - Located in the Town of Southeast, the proposed SRP includes the construction of a new wet pond. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. PutVal-PA-02 (Greenway Terrace - Year 2) - Located in the Town of Putnam Valley, this retrofit practice included the installation of a Stormfilter unit to treat runoff from Greenway Terrace. Detailed design has been complete, however construction has been postponed after a cost analysis of the project. PW-82 (39 Sans Souci Drive - Year 2) - Located in the Town of Pawling, this retrofit project included channel stabilization and outfall protection. This project was completed by the municipality, funded by Dutchess County, and approved for final credit by the NYSDEC. Year 5 Progress Report Page 19 of 27 December 2014 ADD26 f, • EAST OF HUDSON ~~ WATERSHED CORPORATION PW-83 (47 Sans Souci Drive - Year 2) - Located in the Town of Pawling, this retrofit project included channel stabilization and outfall protection. This project was completed by the municipality, funded by Dutchess County, and approved for final credit by the NYSDEC. PW-120 (138 South Harmony Road - Year 2) - Located in the Town of Pawling, this retrofit project included outfall protection and new pipe installation, as well as channel stabilization. This project was completed by the municipality, funded by Dutchess County, and approved for final credit by the NYSDEC. PW-342 (Holmes Whaley Lake Civic Association - Year 5) - Located in the Town of Pawling, the proposed SRP includes the construction of a new stormwater infiltration system. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. PW-343A (Pawling Fire District - Year 5) - Located in the Town of Pawling, the proposed SRP includes the construction of a new pocket pond. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. PW-343B (Pawling Fire District - Year 5) - Located in the Town of Pawling, the proposed SRP includes the construction of a new dry swale. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. S-MU-01 (Somers Town Hall - Year 3) - Located in the Town of Somers, originally the retrofit project was Bioretention. The project was revised to permeable pavement. Construction was completed in 2013. This project has been approved for final credit by the NYSDEC. S-MU-03 (BOCES - Year 4) - Located in the Town of Somers, this retrofit project originally called for the installation of several porous pavement parking lots. Due to site constraints and concerns from the owner, the retrofit was revised to channel stabilization. Construction of this project was completed in 2014. S-MU-OSA (Reis Park - Library Roof Disconnect - Year 3) - Located at the Town of Somers' Reis Park, the original retrofit project was subsurface infiltration. Construction was completed in 2013. This project has been approved for final credit by the NYSDEC. S-MU-OSB (Reis Park - Maintenance Building and Parking Area - Year 3) - Located at the Town of Somers' Reis Park, the retrofit project was subsurface infiltration. Construction was completed in 2013. This project has been approved for final credit by the NYSDEC. Year 5 Progress Report Page 20 of27 December 2014 ADD27 ;\ -it EAST OF HUDSON r~ WATERSHED CORPORATION S·MU·09C (Reis Park - Main Parking Lot and Tennis Court - Year 3) - Located at the Town of Somers' Reis Park, originally the retrofit project included Bioretention. The proposed practice was revised to permeable pavement with infiltration. Construction completed in 2013. This project has been approved for final credit by the NYSDEC. S·MU·09D (Reis Park - Main Driveway and Rear Parking Lot - Year 3) - Located at the Town of Somers' Reis Park, this retrofit project includes the installation of a Bioretention practice. Construction was completed in 2013. This project has been approved for final credit by the NYSDEC. S·MU·09E (Reis Park and Town Hall Porous Pavement - Year 3) - Located at the Town of Somers' Reis Park, this retrofit has been renamed "Reis Park - Middle Driveway" and originally included Bioretention and infiltration practices. The proposed practice has since been revised to Bioretention only. Construction was completed in 2013. This project has been approved for final credit by the NYSDEC. S·MU·09F (Reis Park - Athletic Fields - Year 3) - Located at the Town of Somers' Reis Park, original the retrofit project was for Bioretention and infiltration practice. The proposed practice has since been revised to only include the installation of Bioretention practices due to site constraints. Construction completed in 2013. This project has . been approved for final credit by the NYSDEC. S·MU·12 (Plumbrook Pond Ditch Stabilization 1 - Year 1) - Located in the Town of Somers, this retrofit project was for channel stabilization. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. S·MU·13 (Plumbrook Pond Ditch Stabilization 2 - Year 1) - Located in the Town of Somers, the retrofit project was for the stabilization of existing eroded drainage channels with riprap near the Somers School District Bus Garage. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. S·MU·16/17 (Somers Town Highway garage and Material Yard -Year 3) - Located in the Town of Somers, originally the retrofit project was for installation of both infiltration and Bioretention practices. The proposed practices were revised to a Multiple Pond System. Construction of this project was completed in 2014. S·MU·27a (Somers School District Ditch Stabilization - Year 1) - Located in the Town of Somers, the retrofit project was for the stabilization of existing earthen drainage channels at the Somers School Campus. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. Year 5 Progress Report Page 21 of 27 December 2014 ADD28 '~' EAST OF HUDSON {yj WATERSHED CORPORATION S-MU-27b (Somers School District Ditch Stabilization - Year 1) - Located in the Town of Somers, the retrofit project was for stabilization of existing earthen drainage channels at the Somers School Campus, This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC, S-MU-29 (Plum Brook Road Retrofit - Year 1) - Located in the Town of Somers, this retrofit project was for stabilization of existing earthen drainage channels along Plum Brook Road, This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC, S-MU-30 (Jan Ridge Road Brook Stabilization - Year 2) - Located in the Town of Somers, this retrofit project was for stabilization of existing earthen brook near Jan Ridge Road, This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC, S-MU-32 (Erosion Control Near Muscoot River - Year 1) - Located in the Town of Somers, the retrofit project was for stabilization of existing earthen drainage channels near Wood Street This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC, S-MU-33 (Van Tassell Memorial Park - Year 5) - Originally part of the Year 4 Plan postponed to Year 5, this SRP is located in the Town of Somers and includes construction of a new porous pavement area and associated subsurface infiltration system, This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016, S-MU-34 (Veronica Drive - Year 4) - Located in the Town of Somers, the proposed SRP is for subsurface infiltration, This project has been cancelled due to its location on private property, S-MU-35 (Lake Lincolndale - Year 4) - Located in the Town of Somers, the proposed SRP included multiple bioretention cells and pocket ponds along Tulip Road, west of Lake Lincolndale, The SRP was modified to upgrading the existing channel/ditch conveyance system to divert runoff to the desired locations, The project has been cancelled due to site constraints, S-MU-36 (Lower Moseman - Year 4) - Located in the Town of Somers, the proposed SRP is for channel stabilization at multiple areas along Moseman Avenue, This project is currently in the design phase, Year 5 Progress Report Page 22 of27 December 2014 ADD29 EAST OF HUDSON WATERSHED CORPORATION S-MU-NP3 (North and South Hill Drainage Basin -Year 3) - Located in the Town of Somers, originally the retrofit project was a Multiple Pond System for both North and South sites. The project has been cancelled. S-NC-31 (Moseman Avenue Water Quality Improvement - Year 1) - Located in the Town of Somers, this retrofit project included the installation of a new micro pool prior to an existing pond near Moseman Ave. This project was completed by the municipality, funded by Westchester County, and approved for final credit by the NYSDEC. S-NC-NP4 (North Lane - Year 3) - Located in the Town of Somers, this retrofit includes the installation of swales and detention ponds on Town property. The project has been cancelled. SE-DI-03 (Lincoln Road - Year 2) - Located in the Town of Southeast, this retrofit project was originally part of the Year 2 plan and includes the installation of Hydrodynamic Separator and channel stabilization. This project was completed by the municipality, funded by Westchester County, and approved by the NYSDEC. SE-POT-01 (Lake Tonetta - Year 3) - Located in the Town of Southeast, this retrofit project includes a subsurface gravel wetland stormwater treatment system. Construction of this project was completed in 2014 and approved for final credit by the NYSDEC. SE-POT-02 (Brewster Heights - Year 2) - Located in the Town of Southeast, this retrofit project was originally part of the Year 2 plan and includes the installation of Hydrodynamic Separator and channel stabilization on both Town and private property. This project is currently in the design phase. SE-POT-06 (Nichols Road - Year 3) - This project was removed from Solicitation #1 project list under the original Year 3 Plan by the PCMS4CC-STAC, and has not been replaced. SE-POT-07 (Allview Avenue - Year 4) - Located in the Town of Southeast, the proposed SRP is for a plunge pool. This is no longer an accepted SRP design and the project has been cancelled. SE-POT-OB (Cobb Road - Year 4) - Located in the Town of Southeast, the proposed SRP is for a wetland system or a pocket pond to be installed on private property. This project has been cancelled. SE-POT-09 (Ice Pond Road - Year 4) - Located in the Town of Southeast, the proposed SRP is for outfall stabilization. This project has been cancelled due to site constraints. Year 5 Progress Report Page 23 of27 December 2014 ADD30 I\. • EAST OF HUDSON ~.~ WATERSHED CORPORATIO.N SE-PRE-01 (Lower Mine Road - Year 1) - Located in the Town of Southeast, this retrofit project included outfall stabilization. This project was completed by the municipality and funded by County. This project has been approved for final credit by the NYSDEC. SE-PRE-02 (Seven Oaks Lane - Year 1) - Located in the Town of Southeast, this . retrofit project included outfall stabilization and installation of deep sump catch basins. This project was completed by the municipality and funded by County. This project has been approved for final credit by the NYSDEC. SE-PRE-03 (Maple Road - Year 1) - Located in the Town of Southeast, this retrofit project included outfall stabilization and installation of deep sump catch basins. This project was completed by the municipality and funded by County. This project has been approved for final credit by the NYSDEC. SE-PRE-04 (Joe's Hill Road - Year 1) - Located in the Town of Southeast, this retrofit project included outfall stabilization. This project was completed by the municipality and funded by County. This project has been approved for final credit by the NYSDEC. SE-PRE-05 (Nichols Road - Year 1) - Located in the Town of Southeast, this retrofit project included outfall stabilization. This project was completed by the municipality and funded by County. This project has been approved for final credit by the NYSDEC. SE-PRE-06 (Cobb Road - Year 1) - Located in the Town of Southeast, this retrofit project included outfall stabilization. This project was completed by the municipality and funded by County. This project has been approved for final credit by the NYSDEC. SE-PRE-07 (Starlea Road - Year 1) - Located in the Town of Southeast, this retrofit project included outfall stabilization and installation of deep sump catch basins. This project was completed by the municipality and funded by County. This project has been approved for final credit by the NYSDEC. SE-PRE-08 (Ives Farm - Year 1) - Located in the Town of Southeast, this retrofit project included outfall stabilization. This project was completed by the municipality and funded by County. This project has been approved for final credit by the NYSDEC. SE-PRE-09 (Panorama Road - Year 1) - Located in the Town of Southeast, this retrofit project included outfall stabilization. This project was completed by t~e municipality and funded by County. This project has been approved for final credit by the NYSDEC. SE-PRE-10 (Carlson Lake - Year 1) - Located in the Town of Southeast, this retrofit project included outfall stabilization and installation of deep sump catch basins. This Year 5 Progress Report Page 24 of 27 December 2014 ADD3! EAST OF HUDSON WATERSHED CORPORATION project was completed by the municipality and funded by County. This project has been approved for final credit by the NYSDEC. . SE-PRE-11 (Shore Drive - Year 1) - Located in the Town of Southeast, this retrofit project included outfall stabilization and installation of a hydrodynamic separator. This project was completed by the municipality and funded by County. This project has been approved for final credit by the NYSDEC. Southeast-EB-05 (Rockledge Drive - Year 2) - Located in the Town of Southeast, this retrofit was originally part of the Year 2 plan and includes outfall stabilization. This project was completed by the municipality and funded in part by the County. This project has been approved for final credit by the NYSDEC. Southeast-PA-05 (Brewster Hill - Year 2) - Located in the Town of Southeast, this retrofit was originally part of the Year 2 plan and includes outfall channel stabilization on Town property. Construction was completed in 2013. Southeast-PA-06B (Seven Oaks Lane - Year 2) - Located in the Town of Southeast, this retrofit project replaced Southeast-PA-24 and included installation of a new detention pond. This project was completed by the municipality and funded by the County. Southeast-PA-21 (Suburban Propane - Year 4) - Located in the Town of Southeast, the proposed SRP is for installation of a deep sump catch basin. This is not an approved NYSDEC practice for phosphorus reduction and therefore the project has been cancelled. Southeast-PA-23 (eV Star Intermediate School - Year 3) - Located in the Town of Southeast, the retrofit includes the installation of a new Micropool Extended Detention Pond. Construction orthis retrofit was completed in 2013 and approved for final credit by the NYSDEC. VB-DI-31 (Brewster-Tonetta Brook - Year 3) - Located in the Village of Brewster and Town of Southeast, this retrofit project includes rehabilitation of an existing stormwater collection and conveyance system and installation of a new Wet Extended Detention Pond. Construction of this project was completed in 2014 and approved for final credit by the NYSDEC. VB-DI-32. (Brewster-Wells Brook - Year 3) - Located in the Village of Brewster and Town of Southeast, this retrofit project includes the installation of a new Wet Extended Detention Pond to treat runoff collected in an existing collection and conveyance system prior to discharging to Wells Brook. Construction of this project was completed in 2014 and approved for final credit by the NYSDEC. Year 5 Progress Report Page 25 of 27 December 2014 ADD32 • EAST OF HUDSON ~!!) WATERSHED CORPORATION VPW-3 (Year 2) - Located in the Village of Pawling, this retrofit project included channel stabilization. This project was completed by the municipality, funded by Dutchess County., and approved for final credit by the NYSDEC. VPW-4 (Year 2) - Located in the Village of Pawling, this retrofit project included channel stabilization. This project was completed by the municipality, funded by Dutchess County, and approved for final credit by the NYSDEC. Y-MU-10 (Railroad Park - Year 3) - Located in the Town of Yorktown, the original retrofit was for the installation of dry swales. The proposed practice was revised to a Pocket Pond. Detailed design of the revised retrofit is complete and easements must be obtained from NYSDOT and Westchester County DOT before construction can begin. Y-MU-11D (Junior Lake Driveway - Year 1) - Located in the Town of Yorktown, this retrofit project included the permeable pavers at the Junior Lake access driveway. This project was completed by the municipality and funded by Westchester County. Y-MU-14 (Police Station and Court - Year 3) - Located in the Town of Yorktown, this retrofit includes the installation of a Wet Extended Detention Pond at the Yorktown Police Station. Detailed design of the retrofit is complete construction is expected to start in 2015. Y-MU-15 (Junior Lake Driveway - Year 2) - Located in the Town of Yorktown, this retrofit project included the excavation of an existing Stormwater pond to increase storage at Yorktown High School. This project was completed by the municipality and funded by County. Y-MU-17A (Sparkle Lake - Year 3) - Located in the Town of Yorktown, this retrofit includes the installation of an infiltration practice as well as outfall stabilization on Town property. Construction of this retrofit was completed in 2013 and approved for final credit by the NYSDEC. Y-MU-17B (Sparkle Lake - Year 3) - Located in the Town of Yorktown, this retrofit originally included the installation of a Hydrodynamic Separator on Town property. The project has been modified to a Stormfilter System for greater pollutant removal efficiency. Construction of this retrofit was completed in 2013 and approved for final credit by the NYSDEC. . Y-MU-40 (Hallcocks Mill - Year 5) - Originally part of the Year 4 Plan postponed to Year 5, this SRP is located in the Town of Southeast and includes construction of a new wet pond. This project is currently in conceptual phase with detailed design and construction expected to be completed between 2015 and 2016. Year 5 Progress Report Page 26 of27 December 2014 ADD33 EAST OF HUDSON WATERSHED CORPORATION Y-MU-41 (Highway Garage - Year 4) - Located in the Town of Yorktown, the proposed SRP is a Stormfilter system. The project has been cancelled due to site constraints. Y-MU-42 (YCCC - Year 4) - Located in the Town of Yorktown, the proposed SRP is a Stormfilter system. The project has been cancelled due to site constraints. Y-MU-43 (Heights - Year 4) - Located in the Town of Yorktown, the proposed SRP is a Stormfilter system. The project has been cancelled due to site constraints. Y-MU-44 (Depot Plaza North - Year 4) - Located in the Town of Yorktown, the proposed SRP is a Stormfilter system. The project has been cancelled due to site constraints. Y-MU-45 (Lexington Avenue - Year 4) - Located in the Town of Yorktown, the proposed SRP is a wet extended detention pond to be constructed on private property. This project has been cancelled due to its location. Year 5 Progress Report Page 27 of27 December 2014 ADD34