Loading...
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