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ENB Region 3 Completed Applications 06/20/2007

ENB Region 3 Completed Applications 06/20/2007

Dutchess County

Applicant:

Carl G Dill

Facility:

Dill's Best Bldg Center Property
St Rte 22 - W Side - S of Brady Brook
Pawling, NY

Application ID:

3-1340-00215/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Pawling, Dutchess County

Project Description:

The applicant proposes to expand this existing hardware store and lumber yard with the following disturbances proposed to NYS-regulated Freshwater Wetland (FW) DP-22, Class I, and/or its 100-foot Adjacent Area (AA):

  1. Grading of the AA associated with the construction of an approximately 220 feet long, 15-25 foot wide, grass swale to divert untreated stormwater away from the wetland and into the stormwater basin
  2. Excavation and fill associated with the construction of a berm and the expansion and modification of an existing stormwater basin in the AA
  3. Removal of the existing 12 inch stormwater outfall pipe from the FW
  4. Construction of a new stormwater outfall in the AA

Total disturbance to the AA is approximately 0.45 acre with minimal disturbance to the FW. All new buildings/parking are outside the FW and AA.

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: Pawling Town Planning 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 Jul 06, 2007.

Contact:

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


Applicant:

NYS Dept of Environmental Conservation
625 Broadway
Albany, NY 12233

Facility:

Hudson River Research Reserve
Tivoli BAYS|KIDD Ln
Annandale, NY

Application ID:

3-1348-00155/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Red Hook, Dutchess County

Project Description:

The applicant proposes to treat stands of Phragmites australis totaling up to 12 acres within State-designated Freshwater Wetland SG-3 with the herbicide Rodeo (glyphosate). Treated stands will be monitored for P. australis regeneration, plant species diversity, and overall plant cover for five growing seasons after treatment. A permit is currently in effect for the treatment of 3.5 acres. However, due to the identification of new stands and spread to P. Australis, additional treatments are needed. The treatment sites are located within the Tivoli Bay Wildlife Management area on the Hudson River.

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 a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: NYS Department of Environmental Conservation

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 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 Jul 06, 2007.

Contact:

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


Orange County

Applicant:

Mirant NY-GEN LLC
Four Executive Blvd - Suite 100
Suffern, NY 10901

Facility:

Shoemaker Gas Turbine Facility
71 Dolson Ave
Middletown, NY 10940

Application ID:

3-3309-00040/00004

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Middletown, Orange County

Project Description:

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

The gas turbine at the facility will be subject to the limit in Part 227 of 100ppmvd, corrected to 15 percent oxygen, for sources capable of firing multiple fuels.

Persons wishing to inspect the subject Title V 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 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. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html.

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 exist. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

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 Jul 20, 2007.

Contact:

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


Applicant:

Town of Mount Hope
1706 St Rte 211
PO Box 871
Otisville, NY 10963 -0871

Facility:

Otisville Manor Drainage
West of Otis Cir
Mt Hope, NY

Application ID:

3-3344-00074/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Mount Hope, Orange County

Project Description:

The applicant proposes to install a new stormwater drainage ditch within the 100-foot adjacent area of State-designated Freshwater Wetland OT-7 (Class II). The project site is located on the southwest corner of Otis Circle, about 500 feet from the intersection with Mount Hope Road. As proposed, the stormwater swale within the 100-foot adjacent area would be about 30 feet wide by 100 feet long, and include three stone check dams. A low-flow dry-well will be installed outside the wetland adjacent area to capture "first-flush" pollutants. The purpose of the project is to correct drainage problems on Otis Circle.

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:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

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 Jul 06, 2007.

Contact:

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


Applicant:

Town of Wallkill
99 Tower Dr Bldg a
Middletown, NY 10941

Facility:

Wallkill STP
600 Route 211 East
Middletown, NY 10940

Application ID:

3-3352-00056/00002

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Wallkill, Orange County

Project Description:

This draft modification of the State Pollutant Discharge Elimination System (SPDES) permit is a result of a permittee request, dated December 12, 2006. The permittee requested that the Total Unchlorinated Phenolics limit of 0.4 pounds per day (lbs/d) be raised as the effluent levels from the sewage treatment plant occasionally exceed that level. The permittee is unaware of the source of the phenolics and feels that they are prevalent in everyday household products and are, therefore, uncontrollable. The Department determined that the phenolics limit in the current permit came about because 2,4-dinitrophenol was present in the discharge of the treatment plant in 1991. At the time, there was no specific water quality standard for 2,4-dinitrophenol so a more general limit for total unchlorinated phenolics was placed in the permit. Since then, a specific water quality for 2,4-dinitrophenol has been promulgated. However, more data was needed to determine whether it was still the case that only that particular phenol was present in the discharge of the facility. The permittee agreed to undertake sampling and analyzed thirteen separate 24-hour composite samples, using EPA Method 625, over a period of two months in 2007. However, no phenolics were detected in any of the samples. Historic data shows that the sampling required under the permit, using EPA Method 420, resulted in 2 - 4 exceedances per year for the last 3 ½ years, but the specific phenolic(s) in the discharge is unknown. The highest level of total unchlorinated phenolics during that time was 1.5 lbs/day. In order to resolve the issue, the Department and permittee have agreed that the permittee will undergo a quantification and removal study to determine the source and type of phenolics coming to the treatment plant. If a controllable source is identified, the permittee shall take necessary measures, including modification of the local sewer use ordinance, to control influent phenolics. If the source is not controllable, the permittee may request a modified effluent limit, per 6NYCRR Part 702.16, in the permit. A report, summarizing the results of the study, is due to be submitted to the Department by September 1, 2008. The Department will reopen the permit, per 6NYCRR Part 750-1.18, upon review of the report.

The following specific changes were made to the current permit: Updated forms were used; the permittee?s address and the DMR mailing address (and phone number) were corrected on page 1 of the permit; interim limit of 1.5 lbs/d for total unchlorinated phenolics replaced the current limit of 0.4 lbs/d; a requirement to perform a quantification and removal study for phenolics and submit a final report was added; toxicity testing requirements and additional specific pretreatment requirements were removed as they have been completed; language for the mini pretreatment schedule was modified slightly to indicate that the permittee should continue to implement the program they developed under the current permit; and the addresses and phone numbers for the Department?s regional and central offices were corrected.

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 Jul 20, 2007.

Contact:

Andrea Sheeran Glick
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us


Putnam County

Applicant:

Bjm Homes LLC
166 Somerset Dr
Patterson, NY 12563

Facility:

Alonge Subdivision
Quaker Ln
Patterson, NY 12563

Application ID:

3-3724-00153/00003

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Patterson, Putnam County

Project Description:

The applicant proposes to construct a new single-family home on an approved lot. The approximately 40 linear feet of the 10-foot wide access drive and two sets of stormwater infiltration chambers are proposed to be in the Adjacent Area of NYS-regulated Freshwater Wetland BR-4, Class III. The wetland itself is on the other side of Quaker Lane.

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 Jul 06, 2007.

Contact:

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


Rockland County

Applicant:

Mirant NY-GEN LLC
Four Executive Blvd - Suite 100
Suffern, NY 10901

Facility:

Hillburn Gas Turbine Facility
4TH St
Hillburn, NY 10931

Application ID:

3-3926-00059/00003

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Ramapo, Rockland County

Project Description:

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

The gas turbine at the facility will be subject to the limit in Part 227 of 100ppmvd, corrected to 15 percent oxygen, for sources capable of firing multiple fuels.

Persons wishing to inspect the subject Title V 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 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. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html.

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 exist. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

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 Jul 20, 2007.

Contact:

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


Ulster County

Applicant:

Town of Wawarsing
108 Canal St PO Box 671
Ellenville, NY 12428

Facility:

Wawarsing Kerhonkson S I a
108 Canal St
Ellenville, NY 12428

Application ID:

3-5156-00083/00002

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Wawarsing, Ulster County

Project Description:

The Department has prepared a Draft SPDES Permit (NY-0109924) and has made a tentative determination to approve an application by the Town of Wawarsing to upgrade the treatment process and expand the design flow of the wastewater treatment plant serving the Kerhonkson Sewer Improvement Area (SIA). The proposal would expand the plant from the current design flow of 75,000 gallons per day to a proposed design flow of 130,000 gallons per day. As part of the upgrade and expansion, the Town proposes to repair or replace much of the 20-year old and older equipment at the site of the existing wastewater treatment plant. The new equipment includes a new Oxidation Ditch/Clarifier, and the conversion of the existing Oxidation Ditch to Reed Beds to accommodate the treatment plant's sewage sludge The treatment plant would continue to discharge treated effluent to the Rondout River (Class B), and switch to the effluent limits in the Draft Permit upon completion of construction of the upgrade/expansion.

The plant is located on the banks of the Rondout River on Berme Road, approximately 1/4 mile south (upstream) of the hamlet of Kerhonkson, in the Town of Wawarsing, Ulster County, New York.

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 a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: Wawarsing 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 Jul 23, 2007.

Contact:

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


Westchester County

Applicant:

Village of Scarsdale
1001 Post Rd
Scarsdale, NY 10583 -4352

Facility:

Harvest Dr
Harvest Dr at Fww MV-1
Scarsdale, NY

Application ID:

3-5550-00082/00003

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 15 Title 3 Aquatic Pesticides

Project is Located:

Scarsdale, Westchester County

Project Description:

The applicant proposes to treat 0.1825 acre of NYS-regulated Freshwater Wetland MV-1 with the aquatic pesticide glyphosate for the control of the invasive species Common Reed, Phragmites australis, and Japanese Knotweed, Polygonum cuspidatum. The treatment areas are in the vicinity of Harvest Drive in the Town of Scarsdale. The areas are to be replanted and monitored for two years.

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:

A final environmental impact statement has been prepared on this project and is on file.

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 Jul 05, 2007.

Contact:

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


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