7/25/2019 Affidavit of Thomas Cusack
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SUPREME COURT OF
THE
STATE OF NEWYORK
COUNTY OF
ORANGE
NINTH JUDICIAL
DISTRICT
ENVIRONMENTAL
CLAIMS
PART
VILLAGE
OF
SOUTH
BLOOMING
GROVE
et al.,
Index No. 7410/2015etitioners,
Proceeding
No.
1
For a Judgment
Pursuant
to
Article
78 of
the
Civil
Practice
Lawand
Rules
AFFIDAVIT OF
THOMAS
CUSACK
against
VILLAGEOF
KIRYAS JOEL BOARD OF TRUSTEES et
al., Hon.
Francesca E. Connolly
Respondents,
EMANUELLEONOROVITZ et al.,
Additional Respondents.
PRESERVE
HUDSONVALLEYet al.,
Index No.:
8118/2015
etitioners/Plaintiffs,
Proceeding No.
2
- against -
TOWN BOARD OF THE TOWN OF MONROE et al.,
Respondents/Defendants
.
STATE OF NEWYORK
)
)
ss .
COUNTY
OF
ORANGE )
THOMAS
CUSACK,
being duly
sworn, hereby deposes and says:
7/25/2019 Affidavit of Thomas Cusack
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ye
ars
of e
xperien
ce
in
variou
s facets o
f
Hydroge
ology. A
c
opy
of
my
resume
is atta
ched
as
Exhib
it
A.
I
have
been
the Villag
e s princ
ipal hydro
geolog
ist f
or
over
2
0 yea
rs.
D
uring
that
.
time
,
I have been
respon
sible for ide
ntifying an
d
develo
ping
new water sourc
es for
th
e
V
illage
a
s
well
as
mana
ging
and
mainta
ining
ex
isting sou
rces.
I
su
bmit t
his affida
vit in s
upport of
th
e
V
illage of
Kiry
as Joel s (
Kiry
as
Joel )
.
re
sponse to
the pe
titions
in the
ab
ove-cap
tioned p
roceedi
ngs, P
roceedi
ng
N
o.
( M
unicipa
l
Petitio
n ) c
ommen
ced by P
etitioner
s V
illage of
South Bl
ooming
Grove,
et
al. (collect
ively,
Munic
ipal Petitio
ners )
and Pr
oceedin
g No.
2 (t
he P
HV Pe
tition ) comm
enced
P
reserve
Hu
dson
Va
lley,
et al.
(colle
ctively,
PHV
Petit
ioners )
seeking
to annul
Ki
ryas Joel s
State
Enviro
nmenta
l
Q
uality
Rev
iew Act (
SEQR
A )
findings
and
Kiryas Joel's
r
esolutio
n and
fin
dings app
roving p
etitions
fo
r
a
nnexatio
n of50
7 acres a
nd 164
acre
s
fro
m th
e Tow
n
of
Monroe
to
the Kiry
as Joel,
all da
ted
Septem
ber
6
20
15.
I
n par
ticular,
I subm
it this
affid
avit
in respons
e
t
o allegat
ions co
ncernin
g
K
iryas
.
Joe
l's
pe
rmit for constr
uction
of a groun
dwater
well at sit
e in
the Town
ofC
ornwa
ll
k
nown as
the Mou
ntainvil
le
W
ell
and its o
ngoing
munic
ipal p
roject to con
struct a
pipe
line conne
ction
to
t
he N
ew
Y
ork C
ity Aq
ueduct
sys
tem for m
unicipa
l water
supp
ly,
a
s w
ell as
in respo
nse to
alleg
ations t
hat the V
illage s
SEQR
A review o
f
th
e an
nexation
petitio
ns did
not sufficie
ntly
co
nsider water
supp
ly.
As
deta
iled below
,
the V
illage
f
ully c
onsider
ed
the potenti
al im
pacts of
the
.
7/25/2019 Affidavit of Thomas Cusack
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I
m
ake this
affidavi
t bas
ed upo
n my
pers
onal knowle
dge o
f the
facts a
nd
.
circumstances
stated
herein,
m
y revie
w
of
the documents and reports
that
were prepared
by
LBG
for
the Vill
age
with
respect
to the
applic
ation
to
the New
York St
ate
Depart
ment of
Environ
mental
Conse
rvation ( NYS
DEC )
to con
struct
th
e
Mou
ntainvil
le Well,
NYSDE
C
docum
ents rel
ated to
the w
ater su
pply pe
rmit
for the
Villa
ge s water
sup
ply, incl
uding
the
M
ountai
nville Well,
and m
y re
view o
f docu
ments
prepare
d in c
onnecti
on wi
th the
Village
s
SE
QRA revie
w of
the anne
xation
petiti
ons.
I n
ote that th
is Cou
rt pr
eviously
uphe
ld the
well-tes
ting a
nd analys
is I
made
for
.
the
Villag
e in
sup
port of the Mo
untain
ville w
ell
permi
t.
Town
ofW
oodbur
y v. Vi
llage of
Kirya
s
Jo
el. No.
2877
-2013
(A
pr. 7
, 201
4) (Le
fkowitz
,
J
.).
The Village
water su
pply is
source
d fro
m a serie
s of 1
6 bedr
ock gro
undwa
ter
.
wells
and two san
d
and gravel
wells.
The water su
pply
w
ells are gene
rally
located
in th
ree we
ll
fields. Ten
o
f
the
wells a
re
loca
ted within
the V
illage bo
undarie
s
[wells
1, 5 6,
8 A, 9B, 13
A
,
13B
,
14
A,
17 an
d 22
in the N
YSDEC
wate
r
supp
ly p
ermits
].
Seven w
ells ar
e
loc
ated
in the
B
renner
w
ell
fie
ld, w
hich is
locat
ed
o
n Lark
inRoa
d in
the Town ofM
onroe
[2IB
, 2
3, 24, 25,
26,
27 a
nd 28
],
We
ll 28
is a hig
h
capacit
y
sand
and
grave
l
w
ell lo
cated near t
he Ram
apo
River in
the V
illage o
fMonro
e. One
well,
Mount
ainville
Well 1
is locate
d on
the M
ountain
ville
well
f
ield on
Route
32
in
th
e Town ofCor
nwall.
The
wells and the
a
llowab
le
amou
nt o
fwa
ter wit
hdrawn
are prese
ntly
permit
ted
.
b
y the
NewY
ork Stat
e
D
epartm
ent
ofEnv
ironme
ntal
C
onserv
ation
(NY
SDEC)
(exis
ting
permit
7/25/2019 Affidavit of Thomas Cusack
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ex
isting wells in
the Village system
, based
u
pon existing permit co
nditions.
Under
s
pecial
condition
of
WSA
11,6
09, the Village is
authorized to
withdraw
up to 2.54 mgd
temporarily
to
mee
t peak
water
demands.
10. The reason
for the
differen
ce
in
these figures is
that NYSDEC
has
imposed a cap
for
certain hi
gher yielding
wells in
the
Village on
the
volume that can
be regul
arly used, but
which h
igher amounts abo
ve the NY
SDEC perm
itted
takin
g
are
av
ailable for
use on those
limited
occa
sions when nec
essary to
meet the Villages maximum
peak water
demand.
In all of
2014,
the
Village
s maximum
daily
demand exceeded 2 mgd
on
on
ly
four
occasion
s.
The Village
currently has an
averag
e daily demand
for
water
of 1
.61 mgd,
which
1.
it is easily
capable of a
ccommodating
, in
contrast to Pe
titioners
claim
that
K
iryas Joel is
straining
wat
er resources. See Muni
cipal
Petition, at
12. B
ased on the projected w
ater
d
emands provided
in
th
e Amended
Fina
l Environmen
tal Impact Statement
( AFEIS
) for the
Villag
e s
Aqueduct
c
onnection project
and the antic
ipated conne
ction to the Aqueduct
in 2017,
the Vil
lage s dema
nd will be ap
proximately 1.76 mg
d at that t
ime, also
within the
capability of
the Villag
e s existing t
otal
w
ell yield
capacity
and
permit
limits
.
The Village
of
Kiryas
J
oel
owns, operates and
maintain
s its w
ater supply
2.
infrastruc
ture, inclu
ding: tw
o
pu
mping sta
tions, five water
storag
e tanks, three water
treatment
p
lants
and the
distribu
tion
syste
m. The five water
storage tank
s have a combin
ed
c
apacity
of
4
.
mgd which allow
the Village
to meet ma
ximumdail
y
dema
nd,
water demand
fluctuation
s
and
to
provid
e
fire
protection
servic
e
fo
r
the
Vil
lage.
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ex
tended
perio
ds of time
. Ba
sed on the V
illage s
curre
nt
well
invento
ry a
nd storage
capa
bilities
,
I
am able to
certi
fy
that
the
V
illage
will be
able
to
endure the
shutdown
of
the
Aqueduct
at
the
time of
the conne
ction and fo
r some
time
th
ereafte
r.
In
the fut
ure,
howev
er, it is
likely
that the
V
illage w
ill
be r
equired t
o
ide
ntify
additio
nal measu
res
to su
pport
its abilit
y to en
dure futu
re
shu
tdowns
.
These
wo
uld
inclu
de
meas
ures
such
a
s increas
ed tak
ings from
existin
g w
ells;
additio
nal
gr
oundwa
ter
a
nd surface
water
sour
ces; additio
nal stor
age capab
ilities;
d
emand si
de
co
ntrols
and
cons
ervatio
n
meas
ures. Thi
s futu
re sc
enario
is no
diffe
rent than
for
a
ny
other
It is un
reason
able to
expec
t any
of these
uni
cipality
with
a co
nnectio
n to t
he Aqu
educt.
municip
alities
to have
identif
ied,
m
uch les
s
h
ave
obta
ined perm
its fo
r
a
ll po
tential
future so
urces
o
ut into
the
dista
nt
f
uture
as wa
s sugge
sted in t
his c
ase.
In
fac
t,
NYS
DEC wou
ld
n
ot
eve
n
consid
er
such p
ermits
with
out
an
identifi
ed
c
urrent n
eed,
as
was pre
cisely the c
ase
when
NYS
DEC
sugge
sted
tha
t th
e V
illage w
ithdraw
its
permi
t applica
tion for
the Star
M
ounta
in
wellfie
ld
at
the
time it was
review
ing Mount
ainville
.
As
deta
iled in
the DGE
IS
Vol. at pages
3.5-
7 to
3.5-1
0,
prepare
d for the
4.
V
illage's S
EQRA
revie
w of the an
nexation p
etitions
, the
Villa
ge
ha
s
secu
red
r
ights
to seve
ral
exi
sting or prosp
ective
wellfiel
ds in a
ddition
to t
he Mo
untain
ville Well
, in
cluding the
Star
M
ountain
w
ellfield
a
nd t
he Woodb
ury
Heights
Estat
es we
llfield.
Howe
ver,
any new
source
of
groun
dwater f
or th
e
Village f
rom wells
will lik
ewise be
subjec
t to revi
ew and app
roval
by
NYSD
EC an
d New Y
ork
State
Departm
ent of H
ealth
( N
YSDO
H ), In
addition
to SE
QRA
review, p
ermit r
eview incl
udes
techn
ical assess
ment of
t
he
s
ustaina
ble pumpin
g
rate ofwe
lls a
nd
7/25/2019 Affidavit of Thomas Cusack
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The
Mountai
nvilleWell
1
5. T
he Mountain
ville
Well is
in
tended to
provide add
itional suppo
rt for t
heVilla
ge's
w
ater dem
ands now
and
in
the
future. In th
e intervening time
be
fore the Aqueduct
con
nection,
the well will
suppo
rt
th
e
Villag
e's
maximu
m
dail
y demand.
Once
the Village con
nects t
o the
Aqueduc
t, this well
will supp
ort th
e
Village
's
demand
in
times of
future Aque
duct shutd
own.
Co
ntrary to
the alle
gations in
the
Municipal
Peti
tion, the in
tended use of
the
6.
Mountainv
ille Well
has n
ot changed s
ince itwas firs
t
proposed, see
M
unicipal
Petitio
n, at
22,
but rath
er as the Village has
alw
ays
m
aintained,
the
Mountain
ville
W
ell
will be
use
d
to
serve the
V
illage
in
the
interim
period until
conn
ection with the
Aqueduct and
thereaf
ter
as
a
backup
supply.
17 . Th
e allegations
concer
ning i
mpacts on other
municipa
l
wel
ls
and
on
Woodbury
Creek,
se e
M
unicipal Petition
,
at Tflf 12, 16, 1
7, 18, 22
, 23, and
27,
were
rai
sed
b
y many of
these
same
parties and
rejected by
NY
SDEC
during
the
SEQ
RA
and perm
itting review o
f the
Mo
untainville
Well
projec
t. In addition,
the
Muni
cipal Pet
itioners
raised these
very
sa
me cl
aims
in a prior
Article 78 pro
ceeding brou
ght to challen
ge th
e
SEQ
RA review of
th
e Mountainv
ille
w
ell pro
ject, an
d
this
Court
dismissed
them. See D
ecision, Order
and
Judgm
ent,
Tow
n of
W
oodbury v
.
Villag
e of Kirv
as J
oel. No. 2877-
2013 (Apr.
7, 2014) (Lefkow
itz,
J.) att
ached
h
ereto a
s Exhibit
B.
18.
Ba
sed on
the a
pplication mate
rials su
bmitted, responses
to age
ncy comments
and
7/25/2019 Affidavit of Thomas Cusack
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19.
There
after, NY
SDEC
continu
ed its com
prehen
sive r
egulat
ory revie
w of the
Draft
Permit,
including
consideration
of
numerous comments
from
the
public
and
potentially
affected
m
unicip
alities, a
nd in
cludin
g t
he same i
ssues
raise
d by
M
unicip
al
Petitio
ners.
The
claims
allege
d
i
n the Mu
nicipal P
etition
were
id
entifie
d,
thoro
ughly
analyze
d,
0.
c
onside
red an
d ultima
tely
rejecte
d
by
N
YSDE
C in the
course of
this
environ
menta
l review
of t
he
Moun
tainvill
e
We
ll
site.
The Vill
age's
exte
nsive
resp
onses to com
ments
submi
tted
to N
YSDE
C
t
hat
1
.
addre
ssed th
ese issue
s dur
ing consid
eration
of
t
he Vil
lage's
wa
ter su
pply p
ermit
appl
ication are
attache
d he
reto
as Ex
hibit C.
22. N
YSDE
C
's own res
ponsive
ness s
umma
ry is att
ached
hereto a
s E
xhibitD.
2
3. After
c
arefully cons
idering
the
se comm
ents
and res
ponses
and re
jecting
the v
ery
same
claims
alleg
ed in
the
Munici
pal
Petitio
n,
NY
SDEC
issued Ki
ryas Joe
l a
fina
l
water
supp
ly
perm
it
that
inclu
ded
the M
ounta
inville W
ell on O
ctober
1, 2015,
Rev
iew ofWate
r
Supply I
n Co
nnectio
n With
T
he
A
nnexa
tion P
etition
s
24.
In conn
ection wi
th t
he annexa
tion pe
titions
that
the Vil
lage rece
ived,
I as
sisted
in
the Vil
lage's SE
QRA
revie
w,
led by Ti
m Mi
ller Associa
tes,
of
the Village
's
ability to
mee
t the
wate
r ne
eds of the
propos
ed a
nnexat
ion
areas
,
ba
sed on
reason
able pop
ulation
pro
jection
s and
e
xisting per ca
pita
dail
y
w
ater us
age
i
n the
Villag
e. See
DGEI
S
Vo
l
3.5; F
GEIS
Vol.
3
.5.7
and Vol.
2,
Appd
x.
G
.
The ann
exation
territ
ory
is not w
ithin the
V
illage'
s
c
urrent w
ater se
rvice a
rea.
5.
7/25/2019 Affidavit of Thomas Cusack
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would
have a r
ight
o
f
access to
the Vill
age
water
system, and
it is
assume
d that all de
velopm
ent
in
the
annexed
te
rritory would
obtain water
from
the
Village
system.
26.
Pop
ulation g
rowthan
d es
timated future
wa
ter de
mand i
ndicate
d a 2025
study area
popula
tion o
f 42,
297 and
an e
stimate
d daily wa
ter demand
of
2.79 mill
ion mgd
.
Futur
e
wate
r
d
emand fo
r
the
Villag
e was
estimate
d
us
ing an
esta
blished wa
ter
u
se
rate of66.0
gallo
ns per d
ay,
per ca
pita.
Th
e wa
ter
us
e
rate
w
as based
u
pon
his
toric
reported
water usage
in
the
Village
.
27.
Becaus
e no
spec
ific
d
evelopm
ent
propo
sals
w
ere adv
anced in
conn
ectionw
ith the
anne
xation petit
ions, the V
illage s
review o
f water
i
mpacts was
based
on
t
he
proj
ected
p
opulatio
n
growth and
exist
ing usag
e rates
describ
ed
abov
e. It is
m
y under
standing
that an
y
fut
ure,
conc
rete d
evelopm
ent project
s
w
ill be
subject to Villa
ge review
a
nd appr
oval and
that
V
illage appro
val of
any individ
ual resid
ential
project
cannot
proce
ed witho
ut an adeq
uate w
ater
supp
ly.
W
hen a new
d
evelopm
ent pro
ject i
s
applie
d
for in
the
Village
,
I
review
the
8.
calcu
lated av
erage an
d
maximu
m daily wate
r dema
nds fo
r the prop
osed d
evelopm
ent. Us
ing
the
mos
t curren
t
avera
ge and peak
water
usag
e
da
ta
av
ailable
f
rom th
e village an
d the
curren
t well
yie
ld capac
ities,
I
d
etermin
e whe
ther a
dequate
surp
lus capaci
ty w
ould
be
a
vailable
in
the
Villa
ge s wat
er system
to m
eet t
he
w
ater dem
ands
ofth
e prop
osed deve
lopment
.
The r
eview
of project
ed
water sup
ply
impact
s in the
DGEIS
and
FG
EIS
9.
deter
mined tha
t the
Vi
llage w
ill be able
to meet
the fu
ture w
ater n
eeds
of the pro
posed
anne
xation terri
tories.
Moreo
ver, i
ts abilit
y
to
meet the
se
water su
pply nee
ds
w
ill
be
pa
rticula
rly
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9/147
Vol.
at pag
es 3.5-7
to 3:5-1
0,
the
Villa
ge ha
s o
wner
ship inte
rests in
sev
eral
othe
r
w
ell
field
s,
including
those
at
Star
Mountain
and
Woodbury
Heights
that have the
potential
for
development
in
the futu
re to se
rve
th
e
V
illage
's fut
ure p
opula
tion.
30.
T
heNY
CDE
P Bu
reau
ofW
ater Supp
ly has
c
onfir
med
the V
illage
s
right to
take a
wate
r
sup
ply
from
the C
ity's
w
ater sy
stem,
pip
eline
c
onstr
uction for
the
co
nnec
tion
has
pro
ceede
d,
a
nd fina
l
en
ginee
ring
pl
ans f
or
th
e co
nnect
ion to
the
NY
C Aqu
educt are
n
ow bein
g
f
inaliz
ed by
th
e V
illage
an
d City
engin
eering s
taff.
The NYC
DEP
requ
ires
that t
he
Vill
age
ma
intain
100
pe
rcent
back-
up fo
r th
e volu
me of
i
ts wa
ter
ta
king
from
the
Aque
duct.
As
d
iscuss
ed
abo
ve, th
e
Villag
e
h
as s
ecure
d the righ
ts
to
groun
dwat
er we
lls
with
test
ed wate
r
cap
acity th
at e
xceed
s th
e pro
jected
Villa
ge w
ater d
eman
d
w
ell i
nto th
e futu
re aft
er its co
nnec
tion
to the A
qued
uct.
The
Villa
ge's revie
w of
p
otenti
al wa
ter s
upply
impa
cts from
t
he a
nnex
ation
31.
in
clude
d de
tailed con
sider
ation
ofmit
igatio
nme
asure
s.
32. Al
l
of the
Villag
e s wa
ter supp
ly
sour
ces
are
s
ubjec
t to re
gula
tory
contr
ol
of the
NYSD
EC
and N
YSDO
H. T
he N
YSDE
C wa
ter su
pply
perm
its
r
egula
ting
the Villa
ges e
xistin
g
w
ater
sup
ply con
tain sp
ecific
cond
itions
inclu
ding:
estab
lishe
d l
imits
for wate
r tak
ing
from
indi
vidua
l
w
ells, wat
er co
nserv
ation
me
asure
s and
mand
atory
enf
orcea
ble con
dition
s
to m
itiga
te
impa
cts to
other
exist
ing n
earby
su
pply wel
ls.
33.
In
add
ition,
each
NY
SDEC W
ater
Sup
ply Perm
it w
as
subje
ct to r
eview
pursu
ant
to
SEQ
RA,
an d
as
n
oted a
bove,
any
new s
ource
o
f groun
dwat
er for
the V
illage
from
we
lls w
ill
7/25/2019 Affidavit of Thomas Cusack
10/147
th
is con
necti
on a
re sub
ject to revie
w an
d
ap
prova
l by
t
heNY
CDE
P.
Th
e
wa
ter s
upply
agre
ement
between
NYCDEP
and
the
Village
requires
a
City-approved water conservation plan
as well as
state
-of-th
e-art
mete
ring
and othe
r tec
hnolo
gies to
prev
ent
wast
e and cont
amina
tion
of the
wa
ter
sourc
e. In
additi
on, t
he
use of
Aque
duct wa
ter
is str
ictly li
mited
to t
he
te
rritor
ial
bou
ndar
ies of
the
Villa
ge
unles
s
otherw
ise ap
prove
d by NY
CDEP
a
nd
the allo
wance
volum
es
a
re
likewi
se
st
rictly
limi
ted by a
form
ula
in the N
ew
York
City
Admi
nistra
tive Code
based
on U.S.
Census
popul
ation fi
gures
an
d per
cap
ita
us
age in
New
York
City.
35.
I
have
also re
viewe
d
the Affid
avit
of Je
ffrey F
reder
ick,
CPG
d
ated Oc
tober 2
1,
2
015, su
bmitt
ed by
th
e
Muni
cipal Pet
itioner
s
in
s
uppor
t
of t
heir p
etitio
n (the
Fre
derick
Affid
avit )
.
36
. Upon
info
rmatio
n
an
d
belie
f,
Mr. Fr
ederic
k did
not s
ubmi
t an
y
of
the
com
men
ts
includ
ed in
his
l
itigati
on
Affi
davit
during t
he
rev
iew by
the
Vi
llage and
NY
SDE
C of the
Mou
ntain
ville W
ell proj
ect
or th
e Vi
llage
s
S
EQR
A re
view
of
the annex
ation
peti
tions.
37.
The
issu
es raise
d in
the F
reder
ick Af
fidav
it at
Parag
raphs 4
and
5
(f), (g),
and (h
)
rela
ting
to i
mpact
s from
th
e M
ount
ainvil
le W
ell
have
be
en discus
sed
a
bove and
were
comp
rehen
sively
addre
ssed
in the
full, c
ompl
eted SEQ
RA
revie
wof tha
t proje
ct. Mo
reove
r, t
he
conc
erns all re
late
to th
e N
YSD
EC wate
r sup
ply perm
it, n
ot
th
ese
an
nexat
ion pe
titions
,
whic
h
prop
osed n
o ch
ange i
n the
Vill
age s p
ermit
as pres
ently
i
ssued by
NY
SDEC
.
38.
S
imilar
ly,
the
pot
ential
issue
s in Para
graph
5 (g)
relatin
g to
the
Cats
kill Aque
duct
proje
ct
were ful
ly
evalu
ated
in the
conte
xt of the
SEQR
A rev
iewo
f th
at p
roject
,
7/25/2019 Affidavit of Thomas Cusack
11/147
dev
elopme
nt
prop
osals,
the 10
-year
popu
lation
projec
tion
wa
s
a
rea
sonabl
e,
no
n-specu
lative
method
for
estimating
future water supply
demand.
The
Frederick
Affidavit s
comparison
of
this
10-year
pr
ojection w
ith the
3
0-year pe
riod requir
ed
by
th
e New
York
En
vironm
ental Fa
cilities
C
orpora
tion (N
YSEFC
)
c
onfuses
t
he
V
illage s r
easona
ble
use
of a sho
rter
land use
plann
ing
scen
ario d
riven by
popu
lation
dynam
ics w
ith the
long
er capi
tal
fina
ncing
req
uiremen
ts of
NYSE
FC
tied
to
the
30-year term
of
the loan to finance the
project.
40.
Th
e comm
ent in
Para
graph 5 (e) o
f t
he Freder
ick A
ffidavit
that the
water
supp
ly
p
rojectio
ns
failed
to co
nsider the
develo
pment
of the a
nnexat
ion territ
ories
with priva
te w
ater
wells wa
s not
raised
during
the pu
blic co
mment
on t
he
V
illage's
SEQ
RA rev
iew, a
nd in any
even
t is mispla
ced,
as poten
tial de
velopm
ent using
privat
e wa
ter we
lls
in the annexa
tion area
s
was
fully e
valuate
d
in
DGEI
S
3.5.2
(at
3.5
-14 t
o 3.5-18)
.
The comm
ents
in
Fr
ederick
Affida
vit Pa
ragraph
s
5
(f) (i)
(iv)
relate
d to
int
er-
1.
b
asin impacts
were fully
eva
luated in
the con
text o
f the SEQ
RA
revie
w of t
he M
ountain
ville
Well
and
respon
ses to
comme
nts prese
nted to
and
conside
red b
y NYSDE
C. A
s these comme
nts
rela
te to othe
r Villa
ge-ow
ned w
ellfield
s suc
h
as
Star
Moun
tain a
nd Woodb
ury Hei
ghts E
states,
any evalu
ation
of impa
cts at the
se fiel
ds at th
is tim
e would be
ove
rly spe
culativ
e.
4
2.
The co
mment in
Freder
ick Aff
idavit
Parag
raph
5
(h) th
at th
e Villa
ge sho
uld have
analy
zed th
e
im
pacts
o
f a blende
d
use of gro
undwat
er an
d A
queduc
t
water
ag
ain relates
to
Aqu
educt imp
acts and
the M
ounta
inville Well
,
no
t t
he anne
xation.
Moreo
ver,
the
Village
is
presen
tly
in
curring trem
endous
expens
e to develo
p th
e Aqued
uct co
nnectio
n, w
hich it fully
7/25/2019 Affidavit of Thomas Cusack
12/147
pro
posals for t
he anne
xation t
erritory
,
an
d
again wil
l be
m
ore
prop
erly
addre
ssed
to
th
e ex
tent
not already examined
n
the
context
of
specific development projects
and
NYSDEC
water
s
upply
ap
plication
s,
n
ot in asses
sing t
he p
otential
imp
acts from the
annexa
tion itself.
C
ontrary to the
Fre
derick
Affi
davit s assertio
ns in
Para
graph
6,
the V
illage
s
44.
DGEIS and
FGE1S
ful
ly
c
onsider
ed pote
ntial m
itigatio
n of
water su
pply
impacts to
the ful
lest
extent practicable in
the
absence
of
any specific development
proposals
for
the
annexation
areas.
To the
extent the
F
rederick
A
ffidavit raised
issues
rela
ted to m
itigati
on o
f
i
mpacts
at sp
ecific
wellf
ields, thes
e
imp
acts
a
nd
propo
sed
miti
gation
measu
res re
late
to the V
illage s
water
supply
p
ermits,
which h
ave been s
ubjecte
d to fu
ll
S
EQRA
r
eview o
r
will
be a
t the
time
the V
illage
make
s
s
uch spe
cific ap
plication
s.
Moreo
ver, these
water
supp
ly sour
ces are
or will be
under
con
tinuing reg
ulation
by
N
YSDE
C
an
d N
YSDO
F1
a
nd
subjec
t
to
applic
able per
mit
terms and
c
ondition
s.
Para
graphs 7,
8, an
d 9 of the Fr
ederick
Af
fidavit r
efer to
spe
culative
impa
cts that
5.
could
n
ot
be
mea
ningful
ly
exa
mined
in t
he con
text o
f the propose
d
annexa
tions,
but
r
ather
wi
ll
be th
e sub
ject of re
view as n
ecessa
ry w
hen specif
ic d
evelop
ment
propos
als
and
pro
jects
come
before t
he
Vill
age
and/or
other
age
ncies.
I hav
e also
review
ed the
Affid
avit of
Thom
as E. Dw
yer, P
.G. dated
O
ctober 26,
6.
201
5, submit
ted
by Petitio
ners
Villag
e
of
C
ornwall
on Huds
on
and the
Town
of Corn
wall
in
su
pport
of
their
petitio
n
(the
DwyerA
ffidav
it ).
Th
e Dwy
er Aff
idavit qu
estioned
wheth
er
the p
umping t
est
perform
ed on
the
7.
7/25/2019 Affidavit of Thomas Cusack
13/147
Trou
t Bro
ok Road we
llfield
and
the T
own
and Vill
age
Co
rnwal
l s
Ta
ylor R
oad w
ellfiel
d.
The
Dwyer
Affidavit
also
expressed
concern that the
well would
negatively
impact
nearby surface
waters
,
incl
uding
W
oodbu
ry
an
d M
oodna
Creek be
cause
of
h
ydrolo
gic
conne
ction to
the
aqui
fer,
and
the
Ramap
o River.
First, all
of th
ese iss
ues w
ere
adeq
uately a
ddress
ed a
s
part
of
the M
ounta
inville
8.
We
ll perm
it pr
oceed
ing
and NY
SDEC ha
s concu
rred
with
our analysis.
In
response
to
com
ments
ab
out imp
acts
on
the a
quifer
, comp
rehen
sive
stan
dard te
sting pe
rform
ed on
beh
alf of t
he
Vill
age of Ki
ryas
Joel
pursua
nt
to
Sta
te
pum
ping
test
stand
ards su
pports
the
conc
lusion
that n
o
imp
acts
to t
he
p
rincip
al aqu
ifer
will
re
sult
from th
e
Villag
e s use of
th
e
Mou
ntainv
ille We
ll
1. LBG
comple
ted a 72-ho
ur pum
ping
test on W
ell
loca
ted on the V
illage
ofKirya
s
Joels
Moun
tainvi
lle pu
mp stati
on
and w
ell fie
ld
par
cel on
Rou
te 32
in
Co
rnwal
l, N
ew
York
in June 2
011. Th
e pu
mping
test
was con
ducted
with st
rict
adhe
rence to the
NYS
DEC
p
umpin
g te
st sta
ndards (
Reco
mmen
ded
Pump
Test Pro
cedure
s for W
ater
Supp
ly Ap
plicat
ion,
TOGS
3.2
.1, App
endix
10).
The
NYS
DEC pump
ing
test st
andard
s ar
e
des
igned to
determ
ine the
safe
yield
of pro
posed w
ells
and poten
tial impa
cts to
neighb
oring
w
ells
and surfac
e-wate
r
fea
tures.
As
Appen
dix 10
to
TOGS state
s,
the pum
p tes
t
proced
ures have
been
de
signed
to
prod
uce the
accu
rate an
d co
mplet
e inform
ation th
at
is vit
al
to
thes
e
de
termin
ations,
Pro
per
met
hodolo
gies
fo
r
this
test
were
also
c
onfirm
ed
by
NYS
DEC D
ivisio
n ofWater
inAlb
any.
49. D
ata
from the
pum
ping
test were
inclu
ded i
n Exhib
its II
an
d III to the
Villa
ges
wa
ter supp
ly permi
t
da
ted
N
ovem
ber
17, 20
11
and pre
pared by
LBG.
F
ull respo
nses
to thes
e
7/25/2019 Affidavit of Thomas Cusack
14/147
groundwa
ter
level
dra
wdown in
Woodbury Creek. T
hree
piezome
ter locatio
ns
were
mo
nitored
during
the
2011
pumping
test.
The
first
piezometer
location
was
installed
in
the
in
the
intermitten
t stream nort
h of Well
1.
The g
roundwate
r and
surfa
ce
wate
r in this inte
rmittent
stream
were d
ry throu
ghout the
entire
da
ta co
llection period
(p
re-test
and
po
st-test), with
the
exception ofbr
iefapp
earances
of
su
rface w
ater
f
ollowing
rain ev
ents.
Th
ese d
ata indica
te t
his
is
a
tempo
rary storm-w
ater
runoff
channel
and
not
a
permanent
stream.
LBG
was
doing
due
diligen
ce
by
at
tempting tomo
nitor the s
tream as
required by the
TOGS. T
he
s
econd
piezo
meter
locat
ion was i
nstalled in
t
he
wetland south
west of We
ll 1
Surface
wate
r
on
the
exterior of the
piez
ometer
went dry several day
s
before the sta
rt ofpumping
becaus
e of
hig
h
temperature
s
and
low pre
cipitation.
G
roundwater
in
the
wetland
piezomet
er
was present througho
ut th
e
d
ata
collection
period and
showed
no impac
t
fro
m
pumping of Mo
untainville
Well
1. The th
ird
piezomet
er
locat
ion
was installed
in Woodb
ury Creek
, northw
est of Well
1. S
urface water and
groun
dwater we
re present
at
this
piezom
eter locati
on
th
roughout
th
e data collection
period,
and
no im
pact was meas
ured
in
either
the surfa
ce-water or
groun
dwater level
from pum
ping
of
Moun
tainvilleWell
Well
l
ogs were provided
in
LBG's
A
ugust
2011 report.
Th
e geologic lo
g for
1.
Well wa
s
pro
vided
in
Ap
pendix
I.
The geology
at this location
was logg
ed
f
rom 35 fe
et
belo
w
grade
(ft
b
g)
to
00
ft
bg
at fiv
e-foot inter
vals. Ge
ologic logs
for
the
two
existin
g monitorin
g
wells MW
-1 a
nd MW-2
were p
rovided in Ap
pendix I
II
of
LBG
's repor
t.
Th
e l
ogs were
sufficie
ntly detailed to docum
ent
the uppe
r 35 feet that
was no
t
logg
ed in
Well 1.
Th
e
7/25/2019 Affidavit of Thomas Cusack
15/147
The
re
sults
from the
72-hou
r pum
ping
test
show
ed no
outsta
nding
issues of
2.
concern related to
well
stabilization, water-level
recovery
and
water
quality.
53
The res
ults
of
t
he 72
-hour
p
umping
tes
t dem
onstrate
d a
stabil
ized yield
a
nd water
-
level
drawdo
wn on
W
ell
a
t a
rate
of
425
gpm
(g
allons per
minute
); rapid w
ater-leve
l recove
ry
follow
ing shutdo
wn of the
test
(90% w
ithin o
ne
h
our); adeq
uate
gro
undwate
r
r
echarge
(1.
00
to
1.38
mgd)
to
support the
taking
of
up
to
425
gpm
from
Well
1.
There
was no
water-level
d
rawdow
n measur
ed in
the
pie
zometer
s
durin
g the tes
t, in
cluding
no su
rface-wa
ter
or
groundw
ater le
vel
d
rawdown
in W
oodbu
ry Cree
k. The
refore, cont
rary
to c
omment
s
in
the
affidavit
s, the d
ata
colle
cted
pursuan
t to Sta
te
T
OGS
standard
s
demon
strate
that no
additio
nal
pumping
tests, such
as lon
g-term
testing
, are req
uired.
In
resp
onse
to Dwyer
A
ffidavit com
ments
about
impac
ts to neig
hboring
wells
,
4.
part
icularly
g
roundw
ater
av
ailability
pu
rsuant
to
NY
SDEC
pu
mping t
est
st
andards,
w
ater-lev
el
measure
ments
we
re co
llected
from
onsite a
nd offsite
observa
tional w
ells lo
cated with
in 1,5
00
M
ost of the lan
d with
in 1,
500 feet
of Wel
l
is
eet
o
f th
e test well
(T
OGS sec
tion 7
).
undeve
loped and
subject
to a conser
vation
easeme
nt
that l
imits f
uture de
velopme
nt. The
p
ortion
o
f the rad
ius east and
south
east ofW
ell enc
ompasse
s a lim
ited
number o
f
r
esidence
s.
A
ll
eight
offsite
prop
erties w
ere solicite
d for perm
ission
to collect
water-l
evel data
from
their we
lls. Fo
ur
pro
perty owners gra
nted
permis
sion to col
lect mea
suremen
ts from
their
wells
.
T
wo o
f
th
e
f
our
wells
(250 an
d 280 Old
Ro
ute 32) were l
ocated in
well pits,
and the w
ells
couldnot be o
pened
to
colle
ct
wa
ter-level
mea
suremen
ts with
out crea
ting a sa
nitary risk.
The
other two,
230 Ol
d Rout
e
7/25/2019 Affidavit of Thomas Cusack
16/147
ons
ite mo
nitorin
g
w
ells
wou
ld not a
ffect
the
observ
ed data
in the offs
ite
bedroc
k
r
esiden
tial
wells.
Wa
ter-leve
l data
, inc
luding
water-l
evel dr
awdow
n,
wer
e colle
cted from
two
6.
a
ddition
al o
nsite mon
itoring
we
lls com
pleted
in the stra
tified-
drift
aquifer
(MW-
1 and
MW-
2)
tha
t
w
ere
d
rilled
near
Well
1. The w
ater-le
vel data
collec
ted durin
g the
pumpi
ng test all
ow for
the
calculation
of
aquifer
parameters
and
the
assessment
of
potential regional water-level impact
from
p
umping
o
the
test
w
ell.
5
7.
Th
e on
site Moni
tor
W
ells M
W-1
andM
W-2
w
ere
c
onstruc
ted 51
feet and
94
feet,
respe
ctively
,
fro
m Well
1 , con
sistent
wi
th
T
OGS
S
ection 7. Ba
sed on
the dat
a c
ollecte
d during
the pumping
tes
t,
the
drawdown
in
MW-1
and
MW-2
at
the end
of
the test was 9.26 feet and 0.42
fo
ot, r
espect
ively.
As expe
cted, th
e
drawd
own
da
ta
sh
owed that pu
mping
-relate
d
impa
ct to
the s
hallow
portion o
f th
e aq
uifer d
ecreas
ed
w
ith dis
tance.
58
. Wate
r-level
data w
ere collect
ed
from th
e
two o
ffsite
res
identia
l
wel
ls
lo
cated
at
230 Old
Route
32 and
1
470 Old R
oute 2
at appro
ximate
ly 1,150
feet
an
d
87
0 fe
et,
res
pective
ly,
The wa
ter-leve
l data
from th
ese
we
lls s
howed no
dra
wdown im
pact
aw
ay
fro
m W
ell
1.
a
ttribute
d to
the pumpin
g of
W
ell
on the
Mou
ntainv
ille
pa
rcel. T
herefo
re, it
w
as
conc
luded
that these
we
lls appear
to
be
outside t
he area o
f influen
ce of
Well
I
n
resp
onse to
the Dw
yer A
ffidav
it s com
ments t
hat LB
G a
nd the V
illage
of
9.
Kir
yas Joe
l
n
eglecte
d to c
onside
r the pot
ential
for im
pact o
n th
e Villa
ge of
Wood
bury's
Trou
t
Br
ook well
field wh
en it ass
essed
the
Moun
tainvil
le Well
site,
LBG
was well
awa
re o
f and
7/25/2019 Affidavit of Thomas Cusack
17/147
dow
n-gradie
nt from the T
rout
Brook
well field
to have
any
direct
impact on
the Trou
t Broo
k
aquifer.
To
furthe
r suppor
t the
conclu
sions ab
ove,
LBG
complete
d
additio
nal
0.
analysis o
n the da
ta deriv
ed fro
m the J
une
201
a
quifer
test, attache
d her
eto as
Exhibi
t E. T
he
ad
ditional
analys
is
w
as co
mpleted
to assess the
effe
ct ofp
otential
aquife
r boun
dary condit
ions
and
determine
if
the
distance
drawdown effect from
the
pumping
of
Well
would potentially
a
ffect the
proposed
Trout B
rook
Road w
ells. T
he transm
issivity (T
) (38,720
gpd/ft
[gallo
ns per
d
ay pe
r foot]) and
th
e
stor
age coef
ficient (
S) (0
.38)
were calcula
ted u
sing d
rawdow
n
ver
sus tim
e
data
in the
tes
t well
d
uring
the a
quifer tes
t. T
he
T
was
derived u
sing
the The
is matc
h point
method. The
drawdown
data
were corrected
utilizing
the
corrections
presented
in Kruseman
and
DeRidde
r,
990 so
that th
e solution
is
app
licable
for unc
onfmed
aquif
ers
T
he curv
e
shown on
the
pl
ot
is
a
fitted
type curve and
the
points rep
resent
the
1
.
me
asured draw
down
in the w
ell. The
type
curve
was ge
nerated
by
a
djusting
th
e aquife
r
p
aramete
rs pres
ented in the
solutio
n p
ortion on
the
p
lot until th
ere
is a good
match be
tween
the
type cur
ve
and
the me
asured d
ata (i.e
., the aqu
ifer
parame
ters have bee
n calcu
lated).
Th
is
p
rocess is
expedite
d
with the
aid o
f
an
a
quifer par
ameter esti
mation
2.
p
rogram c
alled
A
QTESO
LVE (Duffie
ld, 200
2).
AQTE
SOLVE
a
llows
the user
to
use visual
c
urve
match
ing
or
an auto
mated me
thod t
o
m
inimize
the
differe
nce
be
tween
the t
ype
c
urve a
nd
the observ
ed data
. In
addit
ion, AQTES
OLVE
a
llows boundar
y
ef
fects (suc
h as
the
strati
fied
drif
t
boun
daries
observed
in t
he stud
y area)
to be incor
porated
in
to
t
he analys
is b
y autom
atically
7/25/2019 Affidavit of Thomas Cusack
18/147
plot
was develope
d assuming Mou
ntainville Wel
l was pump
ing
at
a
constan
t rate of 42
5
gpm
for
approximately
22 days.
As
stated above, data
from
the June
2011
aquifer
test
of
Well
show
th
at
the
wate
r level in
the well
had reach
ed a near stabiliz
ed level
after
three
days o
f pumpin
g.
T
wenty
two (22)
days was
used
for the
con
struction
of
the
draw
down vers
us distance
plot to be
conserva
tive. The 22
-day timefra
me was ne
cessary because
the a
nalytical equ
ation used
to
construct
theoretical
curve
does
not
simulate
the
effects
of
leakage,
river
and/or
wetland
recharg
es, w
hich are the c
auses of
stabilization
. The stratified-d
rift bou
ndaries w
ere accounted
for in
the developm
ent
of
the
theoretica
l
plot
using bou
ndary fea
tures inAQTES
OLYE.
64.
The draw
down vers
us distan
ce
plot
shows that
the Village of
Woodb
ury
w
ell field
is
located beyond
the
expected
area of
influence
of
Well
(2,980
feet)
even
i
the
stratified
drift
till bound
aries a
re incorpo
rated
into
the analysis. Note,
for this
analysi
s the
are
a of influence
of
Well
was c
onservativel
y
d
efined
as
the
ar
ea
o
f land in
which the w
ater table o
r
poten
tiometric
surfa
ce was low
ered by
0.01 foot.
Furthe
rmore, in
respons
e
to
the
Dwye
r
commen
ts
th
at LBG
's standar
d
testin
g was
5.
someho
w
an
inade
quate bas
is alo
ne
f
or
reac
hing the
conclusi
on
that
there w
ould be
no
influen
ce
on wells as far
away as
the
Trou
t Broo
k well,
one need only
consider the
self-su
staining
nature
of
the
M
ountainville
Well
site to further re
fute this
assertio
n.
It
is
cl
ear t
hat,
as
a self-s
ustaining
well
which is
capab
le of
fully
rechar
ging
without any im
pact on th
e recharg
e
p
otential
of
Wo
odbury's well
fields,
the
Mo
untainville
Wellwill
have no
impact on Woo
dbury's we
lls.
In re
gard to Cornw
all's Taylor
Ro
ad wellfield, whic
h is approxima
tely two m
iles
6
.
7/25/2019 Affidavit of Thomas Cusack
19/147
aquifer
because
the distance
and separa
tion
the aquifers
as
d
emonstrated
in the
above
analysis.
6
7. The D
wyer ffi
davit qu
estioned the
potential
impacts
a
425
gpm interb
asin
tran
sfer removing
water from
the Wood
bury Cree
k
Tributa
ry
watershed
a
nd
its dow
nstream
Moodna
C
reek watershe
d
as w
ell as impacts
to
the
Ra
mapo River,
and questio
ned whether th
e
Village s
Wastewater
Treatment Plant
(WWTP)
and
the
County s
Harriman
WWTP
could
han
dle
inc
reased sewer
flowalleged
to be
cause
d by
the well.
6
8. Conce
rning impacts
to Woodbur
y Creek, th
e pumping
test on
Mountainv
ille
We
ll
wa
s conducted with st
rict adh
erence
to
the
NYSDE
C
pumping
test s
tandards, wh
ich
are
also
designed to determin
e
potential
impacts
to
surface water.
Extensiv
e hydrogeolo
gical t
esting
in
acco
rdance
with
NY
SDEC stand
ards
9.
indicate
d that
there
is
no direct
hydro
logic connection
with nearby
surfa
ce
water
features,
inclu
ding no
direct
impact onwater level
s in
an
d
belowWoodb
uryCreek.
To me
asure
po
tential
surface
-water impact, water
-level
measure
ments were
0.
collecte
d from
three piezometer locat
ions. P
iezometers are
regularly
used
dur
ing
such tests to
measu
re
wa
ter levels (s
ee
TO
GS Section
10),
and were
in
stalled
near We
ll
f
or
the
pumping
tes
t
to
assess potential su
rface-water
interc
onnection w
ith the test
well under pum
ping conditio
ns.
As descr
ibed above,
piezometers
were installe
d in an on
-site intermitten
t stream,
in an on-site
w
etland, a
nd
in and
belo
w
Wo
odbury
Creek
t
o
the
n
orthwest
o
f the parc
el.
No
w
ater-level dr
awdown interference
was discernible i
n the
p
iezometers
1
.
7/25/2019 Affidavit of Thomas Cusack
20/147
72. The
Village acknowledges
that a
scenario might
exist where prolonged drawdown
during
times
of
extreme
drought
or other
compromised natural
condition
could result
in
potential
It is
reasonably
expected that
under
such
ndirect
impact to the
surface-water resource.
conditions,
mitigation or other
conservation
measures
could
be required to minimize
any
such
impacts. Such measures
might
include source reduction;
time
limitations onwithdrawals;
and,
in
severe
circumstances,
complete
closure
of the
well until
circumstances
moderate.
A
stream
gaging program (measuring stream stage and flow) to
continuously
monitor and record
stream
flows in Woodbury Creek
was
submitted and approved
by
the NYSDEC per special conditions 8
and
9
of WSA
#11,609
which permits the use
of
Mountainville Well 1.
This
monitoring
program
will be used
to determine
what
percentage,
if
any,
impact
on
flow
in
Woodbury
Creek
may occur from
pumping
of the Mountainville Well 1.
Background flow
conditions in
Woodbury
Creek
will
be measured prior to placing the
well
into
service as
part
of
the monitoring
plan.
Potential impacts to the
Ramapo River and
Interbasin Diversion impacts
were
3.
extensively discussed in the Village's response
to
comments
attached hereto
as
Exhibit C.
In
addition, relevant
to concerns about the Village's
existing sand and
gravel
well
#28,
water-level
monitoring
in
the
Ramapo
River was
conducted from2007 through 2009
(23
months) per special
condition #8
for WSA #10,612 after
Well
28 was placed
into
service.
Daily water-level
measurements were collected
from
locations
in the
Ramapo
River upstream
and downstream of
Well
28.
This monitoring program showed no direct impact
from pumping
of Well
28
on
the
7/25/2019 Affidavit of Thomas Cusack
21/147
74. In response to
Dwyer
ffidavitconcern
s
abou
t emergency r
esponse
in times of
drought,
LBG has
drafted
and
submitted
for
agency
comment
an
Emergency
Response
Plan
to
the
O
range
County
Department ofHealt
h. This plan (w
hich incorporates
a drought management
p
lan
is
not yet approved,
and LBG and
the
Vill
age
are presently engag
ed in re
sponding to
commen
ts
provided
by Orange
County DOH.
It is anticipated
that this plan
will be
in
p
lace by
the
time
the
Mountainville Well
is activated.
This
emergency response
plan
will
address
poten
tial situa
tions where one or
more of the Villagewells
are
sub
ject to yield re
striction.
In response
to
allegations th
at
que
stioned
th
e Villa
ge s assessment
of water
5.
dependent
natural
resources inclu
ding aquatic life, flora
fauna and re
creational use
s the
pumping
test
confirmed
that
water
levels
in Woodbury
Creek
will
not
be
affected
by
the safe
yield
levels ofwithdrawal
from the well
. Pr
ovisions
for implem
enting
a stream g
aging program
to continuously
monitor and
record s
tream have bee
n
incorpo
rated
co
ndition i
n the
p
ermit
toge
ther
with
other conser
vation meas
ures durin
g times of extrem
e drought
or
oth
er
comprom
ised
natural
cond
ition
that
cou
ld result inpotential
indirect
impact to
the
surface water
resoure
In response
to the Dwyer
ffidavit s questions
about
th
e m
ethodology
of
the
6.
pum
ping
test
used b
y
the
Village s
consultant the resulting sa
fe yield
determination,
potential
sites or
effects
not
mon
itored and whether
the Village is un
derstating its intend
ed wit
hdrawal
rate these issues ha
ve been a
ddressed abo
ve and
extensiv
ely
inExhibit C
77.
In response
to the Dwyer
Affidavit s comment
s
que
stioning the
nu
mbers
used fo
r
7/25/2019 Affidavit of Thomas Cusack
22/147
S
ection 13.
This
T
wa
s no
t
use
d
in
an
y subse
quent an
alysis.
The
T
used
in the s
afe
yi
eld
analysis
was
calculated using
the
Jacob
approximation (drawdown
versus
time)
from
the
pump
ing
we
ll
during the tes
t.
The safe yi
eld a
nalysis inLBG'
s Augu
st 201
report w
as pur
ely
theor
etical.
Any ad
ditional
withdra
wals
beyond the pe
rmitted
425
gpm
w
ould requi
re add
itional
testin
g
and
monitori
ng ina
ccordanc
ewithN
YSDEC
g
uidelines
.
78.
In addition,
the
withdrawal
limits
are
not understated. The
Village
is
permitted to
wi
thdraw 42
5 gpm
(
610,560 gpd)
from Mo
untainvil
le Wel
l 1.
L
BG co
nducted a
theor
etical
evaluat
ion of the
sustain
able yield i
additio
nal wells
were
comple
ted at the Mountai
nville
Well
Field.
The sust
ainable
yield an
alysis
o
f
up
to
t
hree
well
s indica
ted
a
th
eoretical
yiel
d of up
to
1,212
gpm
(1.7
mgd).
However, the
permit
issued
by
the
NYSDEC limits
the
taking
of
Well
to
425
g
pm. Any ac
tion t
o increase
the taki
ng l
imits
f
or the
well f
ieldwi
ll
req
uire an a
mendme
nt
to
the wa
ter
supply permit.
In
respon
se to
the
Dwy
er Affid
avit's
comm
ents that
th
e
Moun
tainville
Well
9.
would dim
inish o
ther mu
nicipaliti
es abil
ities
to
m
anage their
own
water
resources, the
M
ountain
ville
Well pump
test indicate
d itw
ould have
no effec
t on ne
ighborin
g
wate
r supp
lies.
In
summ
ary, based
on
m
y 3
0 years
of exp
erience
in
Hydrogeo
logy
and
over
20
0
.
y
ears'
expe
rience
as the
Village s principa
l hydr
ogeologis
t,
I
co
nclude
that
the Vill
age
thor
oughly
took
a hard
lo
ok at all poten
tial w
ater sup
ply impacts
from
the propose
d
ann
exations us
ing reasonab
le pro
jections o
fpopulatio
n
and
wat
er
usage, and fully
cons
idered
all
r
easonable miti
gation
meas
ures that could
be implem
ented
when fu
ture dev
elopmen
t pr
ojects
are
7/25/2019 Affidavit of Thomas Cusack
23/147
THOMAS
CUSACK,
CPG
Sworn to
before me
this
21
day ofJanuary, 2016
A.
y-i
/
Notary
Public
1/
MARYACURRAN
NOTARY
PUBLIC
S T AT E O F
CONNECT ICUT
MyCommissionExpires March 31 ,
2017
7/25/2019 Affidavit of Thomas Cusack
24/147
EXHIBIT A
7/25/2019 Affidavit of Thomas Cusack
25/147
Th
omas P.
Cu
sack
Thomas C
usack is a
hydrogeo
iogist with over
25
years of
experience
in the
water-supp
ly
devel
opment
field s
pecializing
in la
rge-scale grou
ndwater
explo
ration, groun
dwater
contamination
issues,
aquifer protection,
well field
management, impacts related
to
developm
ent, an
d
re
gulatory
approva
ls and permit
ting.
Experienc
e includes
conducting
groundw
ater explorati
on and
feasibility stud
ies, o
versight res
ponsibilitie
s,
d
ata ev
aluation,
repo
rting,
client/r
egulatory int
eraction and
exper
t
test
imony.
i
Bl
p.
Techn
ical
e
xperience
includes s
upervision
of
drilling and
well de
sign/const
ruction;
develo
pment/sup
ervision o
f pumpin
g te
st program
s
of
water
supply
and recov
ery we
lls;
im
plementat
ion
of
on
site/offsite w
ell monitor
ing to de
termine poten
tial wat
er-level int
erference
effects
in
study
region from pumping
wells; conduct
Groundwater
Under
the Influence
Studies;
well redevel
opment
program
s; groundwa
ter contam
ination inves
tigation
stud
ies;
implem
entation
of sm
all to large-sca
le gr
oundwater s
ampling pro
grams; c
onduct water
budget/re
charge ana
lysis to d
etermine
impact from
site-s
pecific
d
evelopme
nt
to build-o
ut
analysis
of
lar
ge
watershe
ds or within
municipa
l boundaries
. Int
erpret and
evalua
te
in
vestigation
results relatin
g to
site/
regional ge
ology and
hydroge
ology;
groundw
ater
co
ntaminatio
n
relate
d
is
sues;
stora
ge deplet
ion of regiona
l aquif
ers; regulat
ory compl
iance;
d
ata qua
lity con
trol
and
reporting
requ
irements. His
exper
ience includ
es the pr
eparation an
d
subm
ittal of a w
ide array
of docum
ents. The
document
s include
Groun
dwater
Expl
oration
Rep
orts; A
quifer Pr
otection
Programs
; Water
Conse
rvation
Program
s/Water Audits;
e
ducation lit
erature
for
mu
nicipal w
ater purv
eyors;
Town
-Wide Hydrog
eologic Assess
ment
Reports
; F
ederal/Sta
te/Local pe
rmit a
pplications and
supp
ort docume
nts; Cont
racts and
Mas
ter Servic
e
A
greement
s.
E
DUCATI
ON
B. S.
in
G
eology, 1982,
S
yracuse
Univers
ity,
Syra
cuse,
New York
REGISTR
ATION
Cer
tified as
Profession
al Geolo
gist by the
American Institu
te
of Professio
nal Geologi
sts
TECHN
ICAL S
OCIETIE
S
A
ssociation
of Groun
d-Water S
cientists and
Engineer
s {National Gr
ound Wate
r As
sociation)
7/25/2019 Affidavit of Thomas Cusack
26/147
Th
oma
s
P. Cus
ack
c
ontin
ued
)
S
UM
MA
RY
O
F
PR
OFE
SS
ION
AL E
XP
ER
IEN
CE
2009
to
present
Sen
ior V
ice
Pr
esid
ent a
nd
Di
recto
r o
f
Le
gget
te,
B
rash
ears
& G
raha
m,
Inc
., She
lton,
Con
nect
icut
2
006 t
o 2
008
V
ice P
res
iden
t an
d
Direc
tor of
Legg
ette
,
B
rash
ear
s G
rah
am, In
c.,
S
heit
on, C
onn
ectic
ut
2
002 to
2
005:
Sen
ior A
sso
ciate
wit
h Leg
gette
, Br
ashe
ars
Gra
ham
, Inc.,
Tru
mbu
ll, Con
nec
ticut
199
5
to 2002
:
As
soci
ate wi
th
Leg
gett
e, Bras
hea
rs
G
raha
m, Inc.
, Wilt
on
and
T
rumb
ull, C
onne
ctic
ut
19
94 to
199
5:
S
enio
r Proj
ect
Man
ager
at
Legg
ette,
Bras
hear
s
Gra
ham
,
I
nc.,
Fish
kill, N
ew
Yo
rk an
d
W
ilton
,
Con
nect
icut
1
988
to 1
994
:
Seni
or Hy
drog
eolo
gist
at L
egg
ette, B
rash
ears
Gra
ham
,
Inc.
,
Fish
kill,
New
Yo
rk
198
7 to1
988:
H
ydro
geo
logis
t at
Legg
ette,
Bras
hear
s & G
raha
m, In
c.,
W
ilto
n, Con
nec
ticut
198
5 to
198
7:
Hy
drog
eolo
gist an
d A
ssis
tant P
roje
ct M
anag
er
at L
awle
r, Ma
tusky
S
kelly
E
ngine
ers.
Pearl River,
New
York
1
984 to
1
985:
Geo
logis
t at
Ca
toh
Env
iron
men
tal C
omp
anies
,
I
nc.,
Wee
dspo
rt,
New
Yo
rk
7/25/2019 Affidavit of Thomas Cusack
27/147
7/25/2019 Affidavit of Thomas Cusack
28/147
T
hom
as
P.
C
us
ack
(
con
tinu
ed
)
SP
EC
IFI
C E
XP
ER
IE
NC
E I
N G
RO
UN
DW
A
TE
R S
U
PP
LY
(co
ntin
ued
)
Village
of
Montgomery
Co
ndu
ct a
hy
dro
geo
log
ic
s
tud
y
of m
ultip
le
we
ll f
ield
s
to
ad
dres
s
wate
r-q
uali
ty c
onc
ern
s
a
nd
bio
foul
ing
res
ultin
g
in si
gnif
ican
t
l
oss
in
y
ield
s
of
high
-yie
ldin
g san
d
an
d
gra
ve w
ells.
Dev
elo
ped an
d
im
ple
men
ted
o
f a lo
ng-
term
well
red
eve
lop
men
t
p
rog
ram
.
Or
ang
eCo
un
tyW
ater
A
uth
orit
y
Au
tho
r
of M
ode
l
Gr
oun
d-W
ate
r Pro
tec
tion
Pl
an,
pr
epa
red
f
or the
OC
WA
.
G
rou
nd-
Wa
ter Pro
tec
tion
P
lan
(
GW
PP
) i
s util
ized
a
s
a gu
ide
line
do
cum
en
t fo
r the
d
eve
lopm
en
t of loc
al
GW
PP
's
for
wat
er s
upp
lies
in th
e
Cou
nty a
nd
s
out
hea
ster
n Ne
w
Y
ork
S
tate
.
The
pla
n is
util
ized to
imp
lem
en
t aq
uife
r pro
tec
tion p
lan
f
or th
e ed
uca
tion
use
.
Th
e Mod
el
Vi
llag
e of
Ki
rvas
J
oel.
N
ewY
ork
Ser
vice
s
r
elat
ed
to
th
e d
eve
lop
me
nt o
f
r
egio
nal
wat
er-s
upp
ly so
urc
es f
or th
e
Vil
lage
of K
irya
s
Jo
el,
th
e f
ast-
gro
win
g mu
nic
ipali
ty
in
the
St
ate
of Ne
w
Yo
rk.
To
date
, LB
G
h
as co
mpl
eted
ex
tens
ive
regi
ona
l hyd
rog
eolo
gic
stu
die
s an
d
g
roun
dw
ate
r exp
lora
tion
f
or
the a
ddi
tion
al
d
eve
lopm
en
t of 1.
4
mg
d f
rom b
edr
ock
we
lls a
nd
2.1
mg
d fr
om
hig
h-yi
eldi
ng
sa
nd
and
grav
el
w
ells
. T
he g
rou
ndw
ate
r exp
lora
tion
pro
gra
m inc
lude
d
ext
ens
ive te
st
we
ll dr
illin
g;
p
ump
ing
test
and
groundwater withdrawal impact evaluations; water-quality
analysis; and
permitting
and
re
gul
ator
y
app
rov
al. On
goi
ng
w
ell fie
ld
ma
nag
eme
nt a
nd
red
eve
lop
men
t
prog
ram
s.
To
wn
of
Wa
ppi
nge
r. Ne
w
Yo
rk
LB
G
c
ond
uct
ed dri
lling
s
upe
rvis
ion
a
nd
well
des
ign f
or
the
de
velo
pm
ent
of
fou
r n
ew
high
-yie
ldin
g san
d
and
grav
el w
ells
.
The stu
dy
inc
lude
d
an
ex
tens
ive pu
mp
ing
te
st pr
ogra
m
and
wat
er-q
ual
ity a
na
lysis
. B
ase
d
o
n
th
e
res
ults
from
the
op
timu
miz
atio
n a
naly
sis
,
the
we
ll
f
ield
h
as a
max
imu
m
sus
tain
abl
e y
ield
o
f 1,6
55
gpm
or
2.
38 m
gd.
C
on
duc
ted
stu
dies
t
o
de
term
ine
if
t
he we
lls
are u
nde
r
the dir
ect
in
flue
nce
o
f sur
face
w
ate
r a
s req
uire
d u
nde
r
the
S
urfa
ce
W
ate
r Tr
eatm
en
t
R
ule
.
In ad
diti
on,
d
eve
lop
me
nt and
im
ple
men
tati
on
of a
lon
g-te
rm
red
eve
lopm
en
t
p
rog
ram
.
Sn
oo
k R
oad
We
d F
ield
. Tow
n o
fFf
shk
ill.
Ne
w Yo
rk
De
vel
ope
d a
w
ater
-sup
ply
sou
rce
fo
r
a
n
ew Wa
ter
Dis
trict f
or
the
Tow
n
whic
h
incl
ude
d
t
wo
hig
h-y
ield
ing
san
d an
d
gra
vel w
ells
. W
el
l y
ield
s are
in
exc
ess
of 1,
000
gpm
an
d
a
saf
e yi
eld
est
ima
te fo
r the
w
ell fie
ld
is
3.0 m
gd.
A
dd
ition
al wo
rk
incl
ude
s th
e
dev
elo
pme
nt of a
n
aq
uife
r
pr
ote
ction
p
rogr
am
an
d
o
ngo
ing
stu
dy ad
dre
ssin
g
the
re
gio
n app
lica
tion
o
f
road
s
alt, its
impact
on
the regional sand and grave aquifer, and mitigation
alternatives.
LBG assisted
in
o
btai
ning re
gula
tor
y ap
pro
vals
an
d
per
mits
for t
he
w
ell field
.
V
illag
e
ofW
ap
pin
aer
s Fa
lls.
N
ewYo
rk
Co
nd
ucte
d
a hy
dro
geo
log
ic stu
dy
o
f
e
xist
ing
w
ell
fiel
d to
add
res
s w
ater
-qu
ality
con
cer
ns
a
nd
lds
.
Ser
vice
s in
clu
ded
the
dev
elop
me
nt and
e
xec
utio
n of
a
w
ell re
dev
elo
pm
ent
7/25/2019 Affidavit of Thomas Cusack
29/147
Th
oma
s P
.
C
usac
k (
contin
ued)
S
PEC
IFIC
EXP
ERIE
NCE
IN
G
ROU
NDW
ATE
R SUP
PLY
(c
ontin
ued)
Par
kwoo
d