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Bayswater Peaking Facility, LLC

April 16, 2001

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF COMPLETE APPLICATION AND
LEGISLATIVE PUBLIC HEARING

APPLICANT: Bayswater Peaking Facility, LLC, c/o FPL Energy, 700 Universe Boulevard, Juno Beach, FL 33408, (610) 361-1960

APPLICATION No. 2-6408-00513/00001

PROJECT LOCATION: 1426 Bay 24th Street, Far Rockaway, NY 11691

PROJECT DESCRIPTION: Bayswater Peaking Facility ("Bayswater") proposes to construct and operate a new gas turbine facility, producing 44 megawatts of power. The facility will consist of two Pratt and Whitney FT-8 gas turbines, which shall fire only natural gas. The gas turbines shall operate as a simple cycle unit. Other on-site equipment will include gas and air compressors, a cooling tower lube oil cooling system, water treatment and storage system, raw water storage, and auxiliary electrical systems. The two stacks for the facility will be approximately 110 feet in height.

PERMITS: Bayswater has applied for an air pollution control permit pursuant to Article 19 of the Environmental Conservation Law ("ECL") and Part 201 of Title 6 of the New York Compilation of Codes, Rules and Regulations ("6NYCRR"). DEC has tentatively determined that the application meets all air pollution control requirements of Article 19 and Part 201.

SEQR STATUS: Pursuant to the State Environmental Quality Review Act ("SEQR", ECL Article 8 and 6 NYCRR Part 617), Long Island Power Authority (LIPA), serving as lead agency, has determined that the project will not result in significant adverse environmental impact. The project is a Type I action under SEQR. LIPA issued a Negative Declaration on April 11, 2001 (revised on April 12, 2001).

PUBLIC HEARING: A legislative hearing for the receipt of public comments on the application will be held, beginning at 7:00 PM on May 21, 2001, at the following location:

Bayswater Jewish Center
2355 Healy Avenue
Far Rockaway NY 11691

All persons, organizations, corporations, or government agencies who may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments on the application. It is not necessary to file in advance to speak at the hearing. Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements. The Administrative Law Judge ("ALJ") may limit the time available for oral comments to 5 minutes per person to ensure that all persons have an opportunity to be heard. The hearing facility is reasonably accessible to the mobility impaired.

WRITTEN COMMENTS: Parties may file written comments with the NYS DEC Division of Environmental Permits, Department of Environmental Conservation, 50 Wolf Road, Room 538, Albany, New York 12233-1750, attn: Christopher M. Hogan, Project Manager. Written comments must be postmarked no later than May 25, 2001.

DOCUMENT AVAILABILITY: The Department has reviewed the application materials, determined that they are complete pursuant to 6NYCRR Parts 201 and 621, made a tentative determination to approve the application and has prepared a draft permit. It has been determined that all statutory and regulatory criteria can be met through the imposition of special permit conditions. The application materials, as well as a draft air permit, are available for review during normal business hours, Monday through Friday, at the following locations:

  1. 1. NYSDEC Division of Environmental Permits, 50 Wolf Road, Room 538, Albany, New York 12233-1750. Contact: Christopher Hogan. Tel: 518/457-3346.
  2. NYSDEC Region 2, 47-40 21st Street, Long Island City, NY 11101. Contact: Elizabeth Clarke Tel: 718/482-4949.
  3. QUEENS COMMUNITY BOARDS: A)Community Board 14,19-31 Mott Ave.,Far Rockaway, New York 11691;B) Community Board 13, 219-41 Jamaica Avenue, Queens Village, New York 11428; C)Community Board 12, 90-28 161st Street, Jamaica, New York 11432; D) Community Board 10,15-01 Lefferts Boulevard, South Ozone Park, New York 11420.
  4. PUBLIC LIBRARIES: A) Arverne Public Library, 312 Beach 54 Street, Arverne NY, 11692,(718) 634-4784; B) Broadchannel Public Library,16-26 Cross Bay Boulevard,Broad Channel NY, 11693, (718) 318-4943; C) Peninsula Public Library 92-25 Rockaway Beach Boulevard, Rockaway Beach NY, 11693, (718) 634-1110; D) Seaside Public Library, 116-15 Rockaway Beach Boulevard, Rockaway Park NY, 11694, (718) 634-1876.
  5. COMMUNITY CENTERS: A) Redfern Community Center, 1302 Redfern Avenue, Far Rockaway, NY 11691;B) Bayswater Jewish Center, 2355 Healy Avenue, Far Rockaway, NY 11691.

STATUTORY and REGULATORY PROVISIONS: The air permit application is being reviewed pursuant to ECL Article 19 (Air Pollution Control) and 6NYCRR Part 201 (General Provisions - Air Pollution Control); Part 617 (SEQR); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).

DANIEL E. LOUIS
CHIEF ADMINISTRATIVE LAW JUDGE

April 16, 2001
Albany, New York

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