3.11 3.11
AGREEMENTS\Access Agreement With DEC-Landfill Site Characterization—Jenkinsville Road and Park Properties—12-5-2022
RESOLUTION AUTHORIZING ACCESS AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION
RESOLUTION NO.: ,2022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 382,2021, the Queensbury Town Board authorized
Access and Confidentiality Agreements between the Town and the New York State Department
of Environmental Conservation (DEC) granting DEC certain rights of access and use of the
Queensbury Landfill Site located at 1396 Ridge Road so that DEC may undertake its Site
Characterization —Remedial Investigation/Feasibility Study authorized by Town Board Resolution
No.: 198, 2021, and
WHEREAS, by letter dated November 14, 2022, DEC has advised the Town that it is
seeking access to two Town parcels on which to conduct its Site Characterization activities
identified as: 1) 279.1.16 located on Jenkinsville Road (such parcel listed in the first authorized
Access Agreement between the Town and DEC); and 2) tax map parcel 279.-1-21 located at the
Town's Ridge-Jenkinsville Park, and
WHEREAS, the Town of Queensbury wishes to grant DEC such access on the terms
substantially similar to those granted by Resolution No.: 382,2021, including the condition that
DEC will meet with Town contacts at the parcel(s) during planning phases to ensure that any
drilling locations and surface well construction(s) do not impede with site activities,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Supervisor to sign any needed Access Agreement between the Town of Queensbury and the New
York State Department of Environmental Conservation and/or Property Owner
Acknowledgement/Consent Form relating to the properties described in the preambles of this
Resolution in form acceptable to the Town Supervisor and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Parks and Recreation Director and/or Town Counsel to take any further actions necessary to
effectuate the terms of this Resolution.
Duly adopted this 5 h day of December, 2022, by the following vote:
AYES
NOES
ABSENT :
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Environmental Remedlation, Remedial Bureau
625 Broadway, 12th Floor, Albany, NY 12 2 3 3-7013
P: 1518) 402-9676 I F: (518) 402-9773
4oww.d bG-i'i V�g0V
November 14 , 2022
Town Of Queensbury
742 Say Rd
Queensbury, NY 12804
Re: DEC Site # 5570055, Queensbury
Landfill Site Characterization
C)ffsite Monitoring Well
Installation Tax map ID number:
279. 4 4 61 279,41 21
Dear Property Owner:
The New York State Department of Environmental Conservation (DEC) is
investigating 1 ,4-dioxane contamination near the complex of landfills in northern
Queensbury, New York. In regard to the ongoing Site Characterization , we are planning
locations for permanent deep overburden and bedrock monitoring wells to assess water
quality and potential hydraulic connectivity within overburden and bedrock aquifers used
for drinking water in the area. Soil samples may be collected to determine if
contamination is present in overburden materials. Additionally, if surface water is
present on properties surface water and co-located sediment samples may be collected .
DEC is seeking voluntary access to properties to assess potential sampling and
monitoring well locations.
DEC is available to answer any questions you may have regarding well
installation techniques and to discuss options for well locations and finished well
designs.
DEC will provide advance notice of scheduled work and will work to
accommodate your schedule, to the extent possible.
DEC will make every effort to minimize any adverse impact of its entry on and
occupancy of your property.
DEC would prefer to act in cooperation with affected parties. Therefore, it is
requested that you sign the attached farm acknowledging and consenting to DEC's right
of entry onto your property within 15 days of the date of this letter.
N!N YQRK Departmentof
S1 Environmental
OPPORfonilx
Conservation
Please feel free to direct any questions you may have on this matter to the
Project Manager for this Site, Anthony Bollasina, at anthoii + . baIIasiiia[ainec- rry-_ Qoy or
(518) 402-2754.
Nothing contained herein constitutes a waiver by the Department of any rights under
applicable state and federal law nor does it constitute a release of any party from
obligations under those same laws.
Sincerely,
-^ oe �.
Anthony Bollasina , PG
Project Manager, Section D , Bureau D
Division of Environmental Remediation
New York State Department Environmental Conservation
Property Owner AcknowledgmentfConsent Form
! hereby acknowledge and consent to the
Print Name
Department's right of entry for purposes of investigation activities associated with the
Queensbury Landfill Site Characterization Site # 557005 onto the premises described
below:
Tax Map ID # 279.- 1 -16, 279.-1 -21
Address: Jenkinsville Rd, Queensbury, NY 12804
Signature
Date
Daytime Phone Number
Email Address
Keep This Copy for Your Records
New York State Department Environmental Conservation
Property Owner Acknowledgment[Consent Form
I hereby acknowledge and consent to the
Print Name
Department's right of entry for purposes of investigation activities associated with the
Queensbury Landfill Site Characterization Site # 557005 onto the premises described
below:
Tax Map ID # 279 .-1 -160 279.-1 -21
Address: Jenkinsville Rd , Queensbury, NY 12804
Signature
Date
Daytime Phone Number
Email Address
Return This Copy to the NYSDEC in the Postage-Paid Envelope Provided
RESOLUTION AUTHORIZING ACCESS AND CONFIDENTIALITY
AGREEMENTS AND ISSUANCE OF WELL SURVEY
RESOLUTION NO.: 382, 2Q21
INTRODUCED BY: Mr, Anthony Metivicr
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury wishes to grant certain rights of access and use of the
Landfill site located at 1396 Ridge Road to the New York State Department of Environmental
Conservation (DEC) so that DEC may undertake its Site Characterization — Remedial
Investigation/Feasibility Study authorized by Town Board Resolution No.: 198, 2021 , and
WHEREAS, DEC has advised that its Site Characterization activities will include the
following :
• Sampling of surface water and sediment of Mad Pond;
« Sampling o €` surface soil down gradient oFthe Landfill and north o (' ;V1ud Pond.
• Gauging of' depth to water and depth to hottorn of all existing Landfill monitoring vvells:
Sampling of select existing Landfill monitoring wells;
Sampling of leachate, seeps, and/or surface water runoff' frorn the Lando €I ( where found);
• Sampling of' select non-potable wells-,
« Survey all Landfill monitoring wells to tie everything to one c:omnion datum ; and
WHEREAS, DEC anticipates that these activities will require light foot traffic through
the property. but it does not expect to materially alter the property in any way, and
WHEREAS, the Town of Queensbury wishes to gain access to certain information from
DEC relating to the site and DEC wishes for such information to remain confidential, and
WHEREAS, the Town Queensbury also wishes to collect construction details of certain
residential wells in the vicinity of the Site by way of a voluntary well survey to be sent to and
completed by certain property owners,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Supervisor to sign Access and Confidentiality Agreements between the Town of Queensbury and
the New York State Department of Environmental Conservation relating to the Queensbury
Landfill Site in form acceptable to the Town Supervisor and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that a voluntary
residential well survey be sent to certain property owners in the vicinity of the Landfill site in
form acceptable to the Town Supervisor and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Counsel to take any further actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 151 day of November, 2021 , by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferane
NOES None
ABSENT: None
r
ACCESS AGREEMENT
Town of Queensbury, with offices located at 742 Bay Road, Queensbury, New York, 12804,
as the Owner of property located at Ridge Road, Queensbury, New York 12801 (Tax Map ID Numbers:
279.- 1 - 14. 1, 279.- 1 - 14.2, 279.- 1- 17, 279-1 - 16, 279.- 1- 16, 279.- 1 - 18 and 279.- 1- 13) ("' Grantor")
hereby ,grants certain rights of access and use to the New York State Department of Environmental
Conservation with offices located at 625 Broadway, New York 12233 , and the Department's
employees, agents, consultants, contractors, and/or subcontractors (collectively "Grantee") for the
purposes of conducting an investigation to be performed under Grantee's direction at the Queensbury
Landfill Site, DEC site no. 557005 (hereinafter referred to as the "Work").
I . Grantee requires access to the site to take samples of various media, including soil, soil vapor,
indoor air, sediment, surface water, leachate, or groundwater and may include soil borings, test pits,
monitoring wells and geophysical studies.
2. Grantee will provide advance notice of scheduled Work and will attempt to accommodate
the Grantor's current operational schedule, to the extent possible. Grantor's principal contact is the
Transfer Station Supervisor, Rich Paris [email: rparis(alqucensbury.net/ phone: (518) 745-4479]. The
secondary contact is the Town Supervisor, John Strough [email: gbysupervisor.net/ phone; (518) 761 -
8229].
3. Grantor will provide Grantee with a key to the property and Grantee will not make any
reproductions of the key.
4. Grantee will make every effort to minimize any adverse impact of its entry on and occupancy
of Grantor's property. In the event that such entry and/or occupancy damages Grantor's property,
Grantee shall repair such damage and return the property to its previous state to the maximum extent
possible.
AGREED AND ACCEPTED this 17th day of November 2021
New York State Department of Town of Que ry
Environ menta,A Conservation
By. _..__ a4f By:
Print Name: _Michael J. Ryan Print aEne. Jzvhn F,
Title: DER Division Director Title; -T- -+ Supav-% iSor-
lJ1' �igc