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ENB Region 3 Completed Applications 11/14/2007

Dutchess County

Applicant:

Stanley Whitehead

Facility:

Stan Whitehead Property
Lake Amenia Rd @ Us Rte 44
Amenia, NY

Application ID:

3-1320-00164/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Amenia, Dutchess County


Project Description:

The proposed construction is for a single family residence within the adjacent area (AA) of NYS designated freshwater wetland AM-7 (Class 2). The septic system and sewer lines are outside 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 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 Nov 29, 2007.

Contact:

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


Applicant:

U S National Park Service
C St Bet 18TH & 19TH Nw
Washington, DC 20240

Facility:

Roosevelt Farm Lane Trail
Between Albany Post Rd (US Rte 9) & Violet Rd (ST Rte 9G)
Hyde Park, NY

Application ID:

3-1332-00330/00002

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 15 Title 5 Stream Disturbance

Project is Located:

Hyde Park, Dutchess County


Project Description:

The applicant proposes the rehabilitation/reconstruction of the original Roosevelt Farm Lane Road to create a seasonal interpretive tour that would accomodate pedestrians, bicycles and a shuttle bus. The trail is approximately 1.6 miles in distance and links the FDR National historic site on State Route 9 with the Elanor Roosevelt National Historic site (Val-Kill) located on State Route 9G. The proposed Farm Lane Road crosses approximately 500 feet of State Regulated Freshwater Wetland HP-38 (Class 3) and adjacent area and will require the installation of three culverts. The proposed Farm Lane Road crossing at the Maritje Kill (Class B) uses a bridge that spans the historic 1923 Roosevelt bridge.

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 Nov 29, 2007.

Contact:

John W Petronella
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:

Dynegy Northeast Generation
992 River Rd
Newburgh, NY 12550

Facility:

Roseton Generating Station
992 River Rd
Newburgh, NY 12550

Application ID:

3-3346-00075/00008

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Newburgh, Orange County


Project Description:

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

Dynegy is replacing its current Auxiliary Boiler (40 Million BTU/hr) with a new Babcock & Wilcox 99.78 million BTU/hr Boiler. The Auxiliary Boiler is used to supply steam heat to the facility when Units 1 and 2 are offline. The facility is staying below NSR Part 231 threshold of a 40 tpy increase of Oxides of Nitrogen (NOx) by limiting the operating hours of the new boiler to 7000 hrs during any consecutive 12 month period. The Babcock &Wilcox Boiler is equipped with a low NOx burner but since the boiler/burner combination is not approved as low NOx technology by the Department the Boiler must be emission tested for compliance with the 0.1 lbs NOx/Million BTU limit.

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.

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. A copy of the Department's permit hearing procedures is available upon request or on theDepartment 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 Dec 14, 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 Tuxedo
PO Box 725
Tuxedo Park, NY 10987 -0725

Facility:

Hamlet Sewage Treatment
41 Contractors Rd
Tuxedo Park, NY 10987

Application ID:

3-3350-00030/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Tuxedo, Orange County


Project Description:

The New York State Department of Environmental Conservation (NYSDEC) is pursuing a Department Initiated Modification (DIM) to the State Pollutant Discharge Elimination System (SPDES) Permit (NY 003 1224, DEC Identification #: 3-3350-00030/00001), the Tuxedo Hamlet Wastewater Treatment Plant pursuant to 6 NYCRR Part 750-1.18, New York State's Environmental Benefit Permit Strategy (EBPS). The changes to the permit are as follows:

Permit pages - Updated permit pages are used, based on current Department guidance, format and nomenclature. These include a page of definitions and a monitoring page, which contains a diagram of the facility and the locations of sampling points. Permit pages are renumbered and reordered. The address for the Bureau of Water Compliance and the Regional Water Engineer on the Recording, Reporting and Monitoring page have been changed. The Discharge Notification Act requirements were added.

Biological Oxygen Demand and Total Suspended Solids (BOD5 & TSS) - Secondary treatment limits - The current permit contains equivalent secondary treatment limits as, 45 mg/l of BOD5 and TSS as a 30-day average and 65 mg/l as a 7-day average, and mass loadings based on the design flow, i.e., 37.5 lbs/d as a 30-day average and 54 lbs/d as a 7-day average.

Other Limits - Flow, pH, Temperature, Settleable Solids, D.O - Current permit limits were continued. The Tuxedo Hamlet Wastewater Treatment Plant has surface discharge into the Ramapo River, a class A(T) water.

Additional information including the current permit, renewal applications, and supporting documentation may be obtained from or inspected at the DEC central office in Albany. Substantive comments on the permit or requests for hearing or both must be submitted in writing to the contact person. DEC seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.

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 Dec 14, 2007.

Contact:

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


Rockland County

Applicant:

Village of Nyack
12 N Broadway
Nyack, NY 10960 -2638

Facility:

Municipal Marina
Burd St - Foot of at Hudson River
Nyack, NY

Application ID:

3-3924-00408/00001

Permit(s) Applied for:

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

Project is Located:

Orangetown, Rockland County


Project Description:

The applicant requests a permit to install approximately 900 linear feet of steel sheet piling with restraining anchors. The anchors are to be constructed in an existing parking lot and sheetpiling will be placed approximately one foot into the marina basin beyond the existing timber bulkhead which will remain. The interstatial space between the new bukhead and the existing bulkhead will be filled with clean, crushed 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 performed.

SEQR Lead Agency: Nyack Village 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 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 Nov 30, 2007.

Contact:

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


Sullivan County

Applicant:

Briscoe Community Association Inc
PO Box 557
Jeffersonville, NY 12748 -0557

Facility:

Briscoe Lake Dam
Briscoe Rd Adjacent to Co Rte 144
Bethel, NY

Application ID:

3-4820-00190/00001

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Dam

Project is Located:

Bethel, Sullivan County


Project Description:

The applicant proposes to remove and re-construct the existing Briscoe Lake Dam, which was breached in April, 2005. The dam is located on a tributary of the East Branch of Callicoon Creek (DEC Water Index No. D-53-1-14; Class C) and forms an impoundment that is also classified in New York State as B (DEC Water Index No. D-53-16-1-P241). As proposed, the existing wood, stone, and earth dam and spillway will be removed and reconstructed with a new earthen dam and concrete spillway. The previous impoundment area of 67 acres will be restored.

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 Nov 30, 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


Westchester County

Applicant:

Patrick Croke

Facility:

Croke Property
53 Smith Ridge Rd Opposite Mill River Rd
South Salem, NY

Application ID:

3-5530-00166/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Lewisboro, Westchester County


Project Description:

The applicant proposes, in the Adjacent Area of Freshwater Wetland L-37, to construct an addition onto an existing house and a new barn on an existing foundation, repairs to the existing septic system, removal of debris and invasive species, treatment of landscaped upland areas with the pesticide glyphosate, and planting of native ornamentals; work proposed in the Freshwater Wetland includes hand cutting of invasive species and planting of native species.

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 Nov 29, 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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