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Fortistar, LLC (Chelsea Road and South Avenue)

December 3, 2003

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

APPLICANT: Fortistar LLC
5087 Junction Road
Lockport, NY 14094,

APPLICATION Nos.

Chelsea Road: 2-6403-00197/00001Article 19 - Air Pollution Control
2-6403-00197/00002 Article 19 - Title IV, Acid Rain Deposition
2-6403-00197/00003 Article 25 - Tidal Wetlands
2-6403-00197/00004 Article 24 - Freshwater Wetlands

South Avenue: 2-6403-00196/00001 Article 19 - Air Pollution Control
2-6403-00196/00002 Article 19 - Title IV, Acid Rain Deposition
2-6403-00196/00003 Article 25 - Tidal Wetlands
2-6403-00196/0001 Article 24 - Freshwater Wetlands

PROJECT LOCATIONS:

Chelsea Road: 291-295 Chelsea Road, Staten Island, NY 10314

South Avenue: 1900 South Avenue, Staten Island, NY 10314

PROJECT DESCRIPTION: Fortistar LLC (the Applicant) proposes to construct and operate the Bloomfield Generating Facility - Chelsea Road, and the Bloomfield Generating Facility - South Avenue, and install electric transmission lines and a gas pipeline to both facilities. These plants are two separate 79.9 MW (NET) electric generating facilities located approximately 0.5 miles from each other.

The Chelsea Road project will be located on Chelsea Road, south of River Road, at the site of a former solid waste transfer station known as Domenico Fontano and Sons, LLC, in the Bloomfield section, in the Borough of Staten Island, New York City, Richmond County, NYC tax map District CB2, Block 1815, lot 160.

The South Avenue project will be located at 1900 South Avenue on a portion of property that is currently owned by the Vanbro Corporation, in the Bloomfield section, in the Borough of Staten Island, New York City, Richmond County, NYC tax map District CB2, Block 1801, lot 160.

Each generating facility will be constructed in a similar fashion and each facility will consist of two General Electric (GE) LM 6000 Gas Turbine Packages and associated balance-of-plant systems and facilities. The combustion turbines for each proposed facility will operate as a simple cycle unit, and will be fueled exclusively by natural gas. At each facility, the Applicant proposes to install an oxidation catalyst system to reduce emissions of carbon monoxide (CO) and volatile organic compounds (VOCs), and a water injection system along with selective catalytic reduction (SCR) to control formation of nitrogen oxides (NOx) and associated emissions. Emissions from each of the combustion turbines will exhaust through a single 75-foot stack that incorporates the SCR and oxidation catalyst units. For each facility, other on-site equipment will include gas and air compressors, an ammonia storage tank located within an enclosure, a lube oil cooling system, water treatment and storage system, raw water storage, and auxiliary electrical systems.

Water supply requirements of approximately 72,000 gallons per day for each facility will be provided by the New York City Water Department. No process wastewater will be generated. Sanitary wastewater will be discharged to on-site septic systems. Stormwater from site runoff will be directed to on-site infiltration wells which discharge to groundwater. Secondary containment areas for the ammonia storage tanks and transformer lube/cooling oil areas will be completely enclosed to prevent generation of any stormwater from these sources.

Gas Supply lines: The Applicant proposes to install an underground gas pipeline to connect to the Williams Interstate Pipeline (WIP) to obtain a fuel supply for the Chelsea Road and South Avenue facilities. The proposed gas supply line for the South Avenue facility will be installed underground via a combination of open trenching, and slick boring, along a route that will extend along the existing Staten Island Rail Road, under the Saw Mill Creek Bridge, and along existing roadways. The portion of the route that traverses Saw Mill Creek will be installed using a "slick bore" technique. The South Avenue pipeline route will proceed south of the facility for approximately 400' and then turn east for approximately 200', and then proceed north to connect to the proposed Chelsea Road gas line that will continue on to connect to the WIP. The entire length of the Chelsea Road gas line will be installed in Chelsea Road via open trenching and will run north of the Chelsea Road facility for approximately 600 feet to tie in with the WIP at the junction of Chelsea and River roads.

Electric transmission lines: An electric transmission line is required to connect both of the facilities to the Fresh Kills substation. The Applicant proposes to install an underground electric transmission line from the Chelsea Road facility via a combination of open trenching, slick boring, and directional boring along a route that will extend along existing roadways, under the Saw Mill Creek Bridge, and along the existing Staten Island Rail Road to interconnect with the proposed transmission line for the Applicant's South Avenue Facility. The line will then proceed south along the SIRR, proceed southwest under Meredith Avenue and Neck Creek, and then along the SIRR to the Fresh Kills Substation. The portion of the route that traverses Saw Mill Creek will be installed using a "slick bore" technique.

Regulated tidal wetlands and freshwater wetlands are located at several locations along both the gas line and electric transmission line routes.

PERMITS: Fortistar LLC has applied for an air pollution control permit pursuant to Article 19 of the Environmental Conservation Law ("ECL") and Part 201-5 of Title 6 of the New York Compilation of Codes, Rules and Regulations ("6NYCRR"), a Title IV - Phase II Acid Rain permit, a tidal wetlands permit pursuant to Article 25 of the ECL 25-0302 and a freshwater wetlands permit pursuant to Article 24 of the ECL 24-1301. DEC has tentatively determined that the air applications for both projects meet all air pollution control requirements of Article 19, Part 201, and Title IV (Acid Rain) of the Clean Air Act Amendments of 1990, and has also determined that the tidal wetlands and the freshwater wetlands applications for both projects are complete for the purposes of conducting a technical review.

SEQRA STATUS: Pursuant to the State Environmental Quality Review Act ("SEQR", ECL Article 8 and 6 NYCRR Part 617), New York City Department of Environmental Protection (NYCDEP), as lead agency, has reviewed the potential impacts of both facilities together with the electric transmission lines and gas pipelines for both projects, and has determined that the projects will not result in any significant adverse environmental impacts. NYCDEP issued a Negative Declaration on November 19, 2003.

PUBLIC HEARING: A legislative hearing session for the receipt of public comments, on the applications for both the Chelsea Road and the South Avenue projects will be held at 7:00 PM on January 8, 2004 at the following location:

Community Services Building
Community Board Two
Borough of Staten Island
469 Brielle Ave
Staten Island, New York 10314
(718) 317-3235

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, 625 Broadway, Albany, New York 12233-1750, attn: Kevin Kispert, Project Manager. Written comments must be postmarked no later than January 12, 2004.

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 air applications and has prepared draft air permits. 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 draft air permits, are available for review during normal business hours, Monday through Friday, at the following locations:

  1. NYSDEC Division of Environmental Permits, 625 Broadway, Albany, New York 12233-1750. Contact: Kevin Kispert. (518) 402-9161.
  2. NYSDEC Region 2, 47-40 21st Street, Long Island City, NY 11101. Contact: Elizabeth Clarke. (718) 482-4900.
  3. College of Staten Island, 2800 Victory Boulevard, Staten Island, New York 10314. (718) 982-2000.
  4. Office of the Staten Island Borough President, Office of the Borough President, Borough Hall, 10 Richmond Terrace, Staten Island, New York 10301, (718)-816-2057.

STATUTORY and REGULATORY PROVISIONS: The air, tidal wetlands and freshwater wetlands permit applications are being reviewed pursuant to ECL Article 8 (SEQRA), Article 19 (Air Pollution Control), Article 25 (Tidal Wetlands Act), Article 24 (Freshwater Wetlands Act), Article 70 (Uniform Procedures Act), and 6NYCRR Part 201 (General Provisions - Air Pollution Control), Part 661 (Tidal wetlands Land Use Regulations), Part 663 (Freshwater Wetlands Permit Requirements regulations), Part 617 (SEQR), and Part 621 (Uniform Procedures).

December 3, 2003
Albany, New York

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