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5th Cease & Desist Issued to Clovewood/Lake Anne Developers

Updated: Nov 23, 2022


Village of South Blooming Grove - After a series of Stop Work Orders issued by the Department of Environmental Conservation (DEC) to the Developers (Simon Gelb and Keen Equities) of a massive development known as Clovewood/aka Lake Anne of over 600 homes on over 700 acres planned at the foothills of Schunnemunk Mountain, the work has apparently been continued against the order causing Natalie Brown, DEC Environmental Land Specialist, Division of Water #3 to issue yet another C&D on the basis that the remediation required in the first, second, third and fourth orders has still not been followed. The first C&D/ Stop Work Order also included lack of a permit for the roadbuilding that had already been done. (see picture below). Neighbors have also complained of impacts on their wells when the onsite wells were tested, the clearcutting of a vast area of woods, and impacts to the threatened Timberlake Rattlesnake which had been prevalent on the property. Required buffering of potential impacts on the scenic views from New York State Parkland on the ridge has also not been clarified.


Residents of this small village, which would increase by up to 96% and on sensitive environmental land, are left wondering about the fines that the DEC warned could be issued if the remediation was not done were ever collected at the amount they stated which was $37,500 per incident, during the first of the 5 inspections last May. At official meetings this month they said they wanted to know "Have any of the fines been issued? And if not why not?"







Notice of Violation/Cease and Desist Directive


RE: Construction Activity at Clovewood Estates

505 Clove Road, Village of South Blooming Grove

Dear Keen Equities LLC and Simon Gelb:


An inspection was performed at the above referenced site on November 15, 2022 to ensure compliance with this Department’s SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-20-001). Construction projects which result in site disturbances of one or more acres are required to gain coverage under, and comply with, this Department’s SPDES General Permit for Stormwater Discharges from Construction Activity

(GP-0-20-001).


At the time of the inspection, there were numerous pieces of heavy equipment

performing extensive soil disturbing activities. Our records do not indicate that this project has gained coverage under that General Permit.


A Cease and Desist Directive was first issued on May 24, 2022 and subsequent

directives issued on June 17, 2022, July 20, 2022 and September 30, 2022. This work in is violation of the Cease and Desist Directives.


Failure to gain coverage under the General Permit is a violation of Article 17 of the New York State Environmental Conservation Law which is subject to penalties of $37,500 per day, per violation.


The Notice of Intent form can be found at http://www.dec.ny.gov/docs/water_pdf/noipgr10.pdf. Again, this Department directs you to immediately Cease and Desist all construction activity at the site, exclusive of that work necessary to correct erosion and sediment measures to prevent the contravention of the Water Quality Standards, until this Department notifies you in writing that the Cease and Desist directive has been lifted. This also excludes any remediation necessary due to improper erosion and

sediment controls. Failure to comply with this Cease and Desist directive will result in the appropriate enforcement action by this Department.


Natalie Brown Environmental Program Specialist State of New York -Department of Environmental Conservation

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