Thank you…

for getting involved in this public hearing. This posting is to help community members prepare written and/or oral statements for the DEC Public Hearing scheduled for January 7th, 2013. There will be two sessions. The 1st session starts at 3:00 pm and the 2nd session starts at 6:30 pm. It will be held at the Torne Valley Center – 115 Torne Valley Road, Hillburn, NY 10931.

In order to help impact the DEC’s decision ROSA is looking for a large attendance that adequately demonstrates the community’s concern. We hope that everyone coming will agree to sign up to speak or submit written comments.

The DEC is unbiased and in a good position to help the cause and it is our job to give them good reasons to do so.  Therefore everyone should be sure to speak in a respectful, non-belligerent tone at this hearing.

Time Limit Concerns

We are concerned about the time limits that will be imposed on the ROSA lawyers and experts that will be attending; we hope that we can organize some speakers to sign up behind these speakers who would be ready to concede their time to the ROSA experts and key speakers as needed.

RSVP Please – We need some guaranteed headcount

So please let us know by email if you can commit to being at one session or another. Even if you don’t feel you have additional points to make your presence will help us be effective. We will also need speakers who will read specific testimony into the record to support the key points that ROSA experts will be raising.

If you really can’t come to the public hearing you can still help: You can provide written testimony that can be printed and handed to the DEC at the meeting by a friend/neighbor or a ROSA volunteer. Please email us any written letters that you need printed and brought to the hearing.

Focus your comments

Please note all speakers and letters addressing the DEC during the public comment period scheduled for January 7, 2013 should stay focused on what is of importance to the DEC’s view point and jurisdiction at this hearing.

Many issues related to this project, while important to our community, only have relevance to the DEC if they relate to the DEC’s jurisdiction: the natural environment. So, for instance, anything related to taxes, schools or home values have no bearing on this meeting and will detract from overall testimony.   So your points should relate to the Natural Environment which includes:

• Streams
• Rivers
• Wetlands
• Wildlife habitat
• Air Quality
• Public Water Supply
• Water Quality

For the water resources (Streams, Rivers, Wetlands) concerns include pollutants, garbage, salt, oil, drainage, and flooding. Non related comments or issues are not under DEC review parameters and won’t add to the effectiveness of this public hearing.

The SEQR Challenge

The Town of Ramapo is the Lead Agency for the (SEQR) environmental review of this project. The majority of the public concern for this project is related to the Town of Ramapo not taking a “hard look” at the study and by giving the developer a major pass when issuing its findings. The January 2010 decisions related to the findings are back in the Supreme Court for judicial review so this project is NOT A DONE DEAL.

The Legislature has made SEQR self-enforcing;  so each agency of government is responsible to see that it meets its own obligations to comply but can not “police” the implementation of SEQR by other agencies.  So with respect to issues under the jurisdiction of the DEC, the time has come for the DEC to accept the current Town of Ramapo findings or to make their own findings.

So the public can express concerns about those portions of the DEIS/FEIS  that relate to the DEC jurisdiction and the DEC can (and should!) issue their own findings for this project.

Be specific, be relevant, and be passionate, but please do this while sticking to the points that are a concern to the DEC.  ROSA is a fact based organization and we must use our collective, rational knowledge to help educate the DEC during this public hearing. Below are links to the DEC website that can help you focus your statements on issues of concern to the DEC.  These links will help you realize how this project will affect you and its direct relationship to the actual concerns and jurisdiction of the DEC.

• Outdoor Activities
• Animals, Plants, Aquatic Life
• Chemical and Pollution Control
• Energy and Climate
• Lands and Waters
• Visual Impact

Construct your statement

1. Start with identifying yourself – I am <YourName> and I live at <YourAddress>
2. Explain why you are here! You have specific concerns.
3. Ask for the DEC to take action

What kind of actions do you want the DEC to take?

Why are you attending? A sample regarding specific concern regarding water quality…

“I am concerned because my home gets its water from United Water. There are multiple United Water wells on the property adjacent to the Patrick Farm and United Water has submitted a letter of concern over water quality impacts of this development.

The Town of Ramapo has an aquifer protection law and yet has not issued a findings statement on the impact to the aquifer of this development.

The high density housing surrounding the water courses that drain via groundwater and surface waters to the public drinking supply includes massive impermeable surfaces, will bring many cars with oil leaks and the need for salted roads as well as extensive trash collection to multiple areas that are in or adjacent to streams and wetlands that feed this water supply and I am concerned about the lack of hard look on the plans with respect to these aspects for the plan overall especially because the applicant has only submitted a portion of the development plan to the DEC for these permits.”

If you are on a private well you could write something similar but starting off with:

“I am on a private well that is fed by interconnecting, underground water systems that relate the sole source aquifer system in my community.  This aquifer is my only source of water and must be fully considered regarding this project.  The Patrick Farm is located over both the bedrock aquifer for Rockland as well as the highly productive gravel aquifer that is close to the surface. the A portion of this sole source aquifer is located on a section of the Patrick Farm property and additional run off from contaminants from this property could flow into the streams and ponds that feed our aquifer systems. The vast clear cutting of trees and soils over the property is of great concern to me as well as the extensive replacement of natural filters for water quality with extensive man made drainage basins that can overflow too closely to the property’s streams and wetland and are dependent on regular maintenance.”

Do you live along the Mahwah River? Are you concerned about flooding?

The requirement for this project is to not increase runoff. The drainage area from this property exceeds the property itself and is over 200 acres. The applicant has stated that they will impact over 140+ acres of the property with the clear cutting and cutting and filling. In order to not increase the property run-off they have filled the property with drainage basins which is they overflow will subsequently spill into the wetlands and streams on the property along with any garbage or dirty sediments that haven’t yet been cleaned.

The permit application includes the rebuilding of the pond dam and the expansion of the culvert under Rt 202 for one of the tributaries to the Mahwah river under the DEC jurisdiction. So the project will involve impounding more water which will increase the quantity of flooding if the dam breaks during a sunny day or during a storm. Additionally the NYS DOT has requested that the culvert be increased because it is already undersized and can’t handle a 100 yr flood.

So rather than have Rt 202 embankments hold back flood waters, the NYS DOT wants those waters to flow freely downstream. On a sunny day the wetlands on the north side of the culvert should be able to mitigate the flooding but on a rainy day this can add to flooding.

If you live near the Mahwah River and/or are impacted by flooding caused by the Mahwah River you can express concern over the proposed changes and impacts. The DEC would not release DAM information under FOIL and the Town would not make copies of the information submitted for this hearing by the applicant.

ROSA’s engineers review with respect to the drainage plans and the dam permit are limited at this time.

Do you drive along Rt 202 and Rt 306 and are concerned about visual impact?

Despite the town having a scenic road law that limits development within 1,000 ft of the center of routes 202 and 306, a proper visual impact has not been done. This is a key concern of many residents and is an issue should have been addressed in detail during SEQR review and could be covered by the DEC when they do their own findings. Please read this DEC document to get information on what is a reasonable expectation regarding a visual impact study.

Spread the Word!

Please send emails to friends, join the Facebook events and invite your facebook friends. If you want a printed flyer – Use this One

ROSA is working with various other parties and hired experts to develop statements for tomorrow. We will continue to update this post through midday January 7th.