ENB Region 5 Completed Applications 08/29/2007

Clinton County

Applicant:

Tammy Deyo

Facility:

Deyo Quarry
Joe Wood Rd - 800 - 1200 Ft East & 2400 Ft S of Gilbert Rd
Mooers, NY 12958

Application ID:

5-0938-00089/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Mooers, Clinton County

Project Description:

The applicant proposes to develop and operate a new, 62 acre surface mine involving extraction of consolidated sandstone to a depth of approximately ten feet below existing elevations. The site, part of a 320 acre parcel owned by Tammy Deyo, is located approximately 800 to 1,200 feet east of Joe Wood Road and 2,400 feet south of Gilbert Road in the town of Mooers. Mining operatios will involve blasting and onsite processing, including crushing and screening. Concurrent reclamation will occur as areas are mined, with final reclamation being a stabilized/vegetated shallow depression, with a pond occuping a portion of the site.

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 cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Sep 28, 2007.

Contact:

Denise M Wagner
NYSDEC Region 5 Headquarters
1115 St Rte 86
Ray Brook, NY 12977
(518)897-1234
r5dep@gw.dec.state.ny.us

Essex County

Applicant:

Town of Westport
22 Champlain Ave
PO Box 465
Westport, NY 12993 -0465

Facility:

Merriam Forge Rd at Boquet River
Merriam Forge Rd @ Boquet R|NEAR Morrison Rd
Westport, NY 12993

Application ID:

5-1550-00092/00001

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Excavation & Fill in Navigable Waters
Article 15 Title 5 Stream Disturbance

Project is Located:

Westport, Essex County

Project Description:

The applicant proposes to stabilize a 400'L section of stream bank which was damaged by flood waters and is currently jeopardizing the safety of Merriam Forge Rd. The stream bank will be stabilized using heavy rock rip rap to prevent further erosion. This project is located along the Merriam Forge Rd and the bank of the Boquet River in the Town of Westport.

Availability of Application Documents:

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 Sep 14, 2007.

Contact:

Erin L Burns
NYSDEC Region 5 Headquarters
1115 St Rte 86
Ray Brook, NY 12977
(518)897-1234
r5dep@gw.dec.state.ny.us

Saratoga County

Applicant:

Mpm Silicones LLC
260 Hudson River Rd
Waterford, NY 12188

Facility:

Momentive Performance Materials
260 Hudson River Rd
Waterford, NY 12188

Application ID:

5-4154-00002/01743

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Waterford, Saratoga County

Project Description:

The Department has prepared a draft Air Title V Facility permit renewal for the existing sources at this facility. The renewed permit will not contain any new emission sources, however it will be revised to meet current MACT requirements. 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.

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:

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 Sep 28, 2007.

Contact:

Walter L Haynes
NYSDEC Region 5 Warrensburg SUB-OFFICE
232 Golf Course Rd
Warrensburg, NY 12885
(518)623-1281
r5dep@gw.dec.state.ny.us