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ENB Region 3 Completed Applications 05/09/2007

ENB Region 3 Completed Applications 05/09/2007

Rockland County

Applicant:

Church of St Anthony
36 West Nyack Rd
Nanuet, NY 10954

Facility:

Church of St Anthony
36 West Nyack Rd
Nanuet, NY 10954

Application ID:

3-3920-00536/00003

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Clarkstown, Rockland County

Project Description:

St. Anthony's Church has applied for a Freshwater Wetlands permit to construct a 12,400 square-foot mausoleum facility and associated stormwater control structures within the 100-foot wide adjacent area of State regulated Freshwater Wetland #PR-7, a Class II wetland. The mausoleum facility would be located at least 50 feet from the wetland and there would be no disturbance to the wetland itself. The area to be constructed upon is a previously disturbed lawn area on a flat plateau approximately 4 foot higher than the surrounding wetland. All other areas on the site that are outside of the 100-foot wetland adjacent area are already used or sold for grave sites or other mausoleums.

The proposed mausoleum is located at St Anthony's Church Cemetery, off NYS Route 59-A, just east of its intersection with North Middletown Road, in the Town of Clarkstown, Rockland County , NY.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency: Clarkstown Town Board

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 25, 2007.

Contact:

Lawrence G Biegel
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
mailto:r3dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Applicant:

Petr Tomkevich

Facility:

Tomkevich Property
770 N Liberty Dr
Stony Point, NY

Application ID:

3-3928-00145/00002

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Excavation & Fill in Navigable Waters
Article 17 Titles 7 & 8 P/C/I SPDES - Surface

Project is Located:

Stony Point, Rockland County

Project Description:

The Department has prepared a draft permit containing proposed effluent limits and monitoring requirements for a discharge of 500 gallons per day of treated wastewater to the Hudson River from a single family residence located on North Liberty Drive. The property is not suitable for a conventional subsurface treatment system ; the original subsurface system failed. The outfall discharge pipe will be located below mean high water and covered with stone.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 08, 2007.

Contact:

Alexander F Ciesluk, Jr
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
mailto:r3dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Sullivan County

Applicant:

Nelson Townsend

Facility:

Inn by the Falls
99 Co Rte 71
Ferndale, NY 12734

Application ID:

3-4836-00257/00002

Permit(s) Applied for:

Article 15 Title 5 Stream Disturbance
Article 17 Titles 7 & 8 P/C/I SPDES - Surface

Project is Located:

Liberty, Sullivan County

Project Description:

The Department has made a tentative determination to approve this application for a new SPDES permit # NY-027-2655 for Inn by the Falls, located at 99 County Route 71, Ferndale, to discharge up to 2000 gallons of treated wastewater per day to the Middle Mongaup River (Water Index # D-10-25; Class B(t)).

The applicant proposes to replace this existing restaurant?s current treatment system, a subsurface septic system which is failing, with a sand filter treatment system and surface discharge. The sand filter effluent will undergo chlorine disinfection prior to entering the stream. Construction of the sanitary system outfall will include disturbance to the bed and bank of the Middle Mongaup River. The permittee will be required to maintain records and report data to verify compliance with the SPDES permit conditions and discharge limits.

A draft SPDES permit with DEC proposed effluent limits and monitoring requirements is available for review at the DEC Region 3 headquarters in New Paltz.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency: NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 08, 2007.

Contact:

Rebecca S Crist
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
mailto:r3dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Ulster County

Applicant:

Thomas S Humphrey

Facility:

Humphrey Property
1167 Bruynswick Rd (CR #6)
Gardiner, NY

Application ID:

3-5124-00093/00004

Permit(s) Applied for:

Article 15 Title 27 Wild, Scenic & Recreational Rivers
Article 15 Title 5 Stream Disturbance

Project is Located:

Gardiner, Ulster County

Project Description:

The applicant proposes to enlarge an existing in-stream pond from 10 foot by 20 foot to 20 foot by 20 foot and deepen by six feet, and clean up junk and debris located along a tributary of the Shawangunk Kill, (Waters Index #H-139-13-19-3; Class B(t). Subject to Part 666 (Wild, Scenic and Recreational Rivers Act). The project is located on the east side of Bruynswick Road, approximately one and one-half miles south of its intersection with Route 44/55 in the Hamlet of Bentons Corners.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 25, 2007.

Contact:

Laurie A Lawrence
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
mailto:r3dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Applicant:

David A Nyzio

Facility:

Nyzio Property
Old Rte 209
Stone Ridge, NY

Application ID:

3-5134-00122/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Marbletown, Ulster County

Project Description:

The applicant proposes to construct a 120 foot portion of a gravel driveway to a new home within the100 foot adjacent area of NYS Freshwater Wetland M-10 (Class II). The house, septic and leachfield system and the remainder of the driveway will be located outside of the regulated area. The project is on Old Route 209, at the northeast corner of Kripplebush Road, and Route 209 in the town of Marbletown.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 25, 2007.

Contact:

Laurie A Lawrence
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
mailto:r3dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Applicant:

Town of Shawangunk
PO Box 247
Wallkill, NY 12589 -0247

Facility:

Wallkill Water District
Ne of Reservoir & Old Reservoir Rds
Shawangunk, NY

Application ID:

3-5152-00221/00001

Permit(s) Applied for:

Article 15 Title 15 Water Supply

Project is Located:

Shawangunk, Ulster County

Project Description:

The Town of Shawangunk's Wallkill Water District has applied for a Water Supply permit (WSA # 10,981) to ratify the past extension of water supply and distribution mains of the Water District into several parcels in the Town of Shawangunk and to take a backup supply of water of up to 160 gallons per minute (gpm) for use in the existing system from Well Nos. 2 & 3. The total approved taking from existing Well No. 1 and these two new wells is limited to 300,000 gallons per day.

The new wells are located near the Village's existing well, off Reservoir Road, near the intersection with Old Reservoir Road, in the Town of Shawangunk, Ulster County, NY.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency: Shawangunk Town Board

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 25, 2007.

Contact:

Michael D Merriman
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
mailto:r3dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Westchester County

Applicant:

Rca Asphalt LLC
7 Edison Ave
Mount Vernon, NY 10550

Facility:

Rca Asphalt
7 Edison Ave
Mt Vernon, NY 10550

Application ID:

3-5508-00133/00005

Permit(s) Applied for:

Article 19 Air State Facility

Project is Located:

Mount Vernon, Westchester County

Project Description:

The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the Applicant's facility located in Mount Vernon, Westchester County, New York.

The existing hot mix asphalt facility submits this state facility air permit application to consolidate previously issued certificates to operate. Facility consists of one (1) hot mix asphalt batch plant exhausting to a cyclone dust collector and fabric bag house along with associated storage areas, feed bins, and storage silos. The burner in the batch plant is capable of firing both natural gas and fuel oil, and historically the majority of production has been produced firing natural gas. The applicant will limit the emissions of oxides of nitrogen (NOx) to less than 25 tons per year (tpy) and carbon monoxide (CO) to no more than 95 tpy, which will effectively limit all criteria pollutants to less than major source thresholds. Emissions of CO will be "capped" by limiting total facility production of hot mix asphalt (HMA) to no more than 475,000 tons per year, annual maximum rolled monthly. Further, to "cap" the emissions of oxides of nitrogen to less than 25 tpy, no more than 365,000 tons of HMA will be produced annually when firing fuel oil. (Note: This 365,000 tons is included in the facility total of 475,000 tons.) Calculation of this annual maximum will be a rolling monthly average. Liquid asphalt will be heated by an exempt combustion unit firing fuel oil with a nominal heat rating of 0.5 MMBTU/hr which emits essentially insignificant levels of NOx and CO during the HMA manufacturing season. The facility also processes recycled asphalt pavement (RAP) through a crusher and screen and associated conveyors prior to being combined with virgin materials in the pug mill of the batch mix plant. Only minor levels of particulate emissions are expected from this emission unit. All fuel oil burned at this facility will have a maximum sulfur content of 0.37%. All electrical power demands for the facility are supplied by line power.

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.

The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html. Persons wishing to inspect the subject files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. It is recommended that an appointment be made to confirm the availability of the subject files. The DEC will endeavor to make the files available within two (2) business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. A public hearing may be legislative or adjudicatory. A legislative public hearing is a proceeding which provides an additional opportunity for public comment. DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists. If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments. The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination. An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 08, 2007.

Contact:

Kenneth R Grzyb
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
mailto:r3dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Applicant:

Town of Pound Ridge
179 Westchester Ave
Pound Ridge, NY 10576

Facility:

Sachs Park
Stone Hill Rd - St Rte 137 - S of St Rte 124
Pound Ridge, NY

Application ID:

3-5546-00062/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Pound Ridge, Westchester County

Project Description:

The applicant proposes to convert an existing Town Highway Department storage and stockpile area into a new park to be known as Sachs Park. The site contains portions of State-designated Freshwater Wetland No. D-3 (Class I) and is located on the north side of Stone Hill Road (NYS Route 137) at the intersection of Old Stone Hill Road. The project involves the construction of of a boardwalk, picnic area, recreational lawn, parking area, walking path and landscaping within approximately 2.9 acres of the100-foot adjacent area and 0.1 acre of the wetland.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency: Pound Ridge Town Planning Board

State Historic Preservation Act (SHPA) Determination:

A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 25, 2007.

Contact:

Scott E Sheeley
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
mailto:r3dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


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