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ENB Region 3 Completed Applications 12/19/2007

Dutchess County

Applicant:

The Scenic Hudson Land Trust Inc
One Civic Center Plaza Suite 200
Poughkeepsie, NY 12601 -3156

Facility:

Beacon Landing
Long Dock Rd and Red Flynn Rd
Beacon, NY 12508

Application ID:

3-1302-00039/00006

Permit(s) Applied for:

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

Project is Located:

Beacon, Dutchess County


Project Description:

The applicant proposes to construct a mixed-use waterfront development, including a 3-story, 140-room, hotel-conference center (9 acres), and a riverfront parkland (16 acres) on a 25 acre site adjacent to the Hudson River. The project site is located on the west side of the Metro-North rail line and the Metro-North Beacon station.

Shoreline work proposed will affect approximately 2,400 linear feet of the shoreline and include bulkhead rehabilitation (650 feet), rip-rap stabilization (500 feet), beach creation (160 feet), pile-supported boardwalk construction (520 feet), and the establishment of a new tidal channel that will affect approximately 570 feet of existing shoreline and create approximately 1400 feet of new shoreline. The establishment of the new open water channel involves the excavation of approximately 40 cubic yards of existing land and create an additional 15,000 square feet of open water. In addition the project will result in impacts to 0.56 acres of federally-regulated wetlands. To mitigate these impacts, approximately 0.25 acres of new wetlands will be created and 0.75 acres of existing wetlands will be enhanced.

In addition the applicant proposes the construction of an over-water platform/pier covering approximately 6,000 square feet and several docks, a seasonal pier 15 feet wide by 210 feet long with a 9 foot by 86 foot long gangway, and the in-kind replacement of four existing floating piers each 7 feet wide by 52 feet long.
Several upland portions of the site are being investigated and remediated under the Department's Brownfield Cleanup Program (Site No. C314112).

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

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

SEQR Lead Agency: Beacon City Planning Commission

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. The report of the survey is on file. No 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 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 Jan 18, 2008.

Contact:

Alexander F Ciesluk, Jr
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
dep.r3@dec.ny.gov


Applicant:

Verne W Jackson

Facility:

Shenandoah Farm
80 Jackson Rd
Hopewell Junction, NY 12533

Application ID:

3-1328-00109/00007

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

East Fishkill, Dutchess County


Project Description:

The applicant proposes to mine approximately 600,000 tons of sand and gravel from 23.8 acres of an approximately 250-acre dairy farm over the course of ten years, with no more than 5 acres affected and unreclaimed at any given time. The current slopes limit agricultural use of these fields. The proposed reclamation objective for the site is a return to agricultural land with more even slopes. No excavation below the water table is proposed. No material processing on site is proposed.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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 Jan 18, 2008.

Contact:

Rebecca S Crist
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
dep.r3@dec.ny.gov


Orange County

Applicant:

Orange County
2455-2459 Rte 17M
PO Box 637
Goshen, NY 10924 -0607

Facility:

Orange County Sanitary Landfill
21 Training Center Ln
Goshen, NY 10924 -0637

Application ID:

3-3330-00037/00011

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Goshen, 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 issue a renewal Title V Air Facility Permit for the Orange County Landfill. The facility, located in the Town of Goshen. Orange County, opened in 1974 and accepted solid waste until January 1992. A landfill gas extraction/collection system and landfill gas to energy facility was installed in 1988 and operated through 2003. Final closure of the facility was completed in 1995 under remedial action required by the NYS Department of Environmental Conservation. The facility is required to obtain a Title V permit pursuant to 40 CFR Part 60 Subpart Cc, Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, and 6 NYCRR Part 208.

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 621.7(b)(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. 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. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below. 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 during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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 Jan 24, 2008.

Contact:

Kenneth R Grzyb
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
dep.r3@dec.ny.gov


Applicant:

Port Authority of New York & New Jersey
225 Park Ave South
New York, NY 10003

Facility:

Ne Fuel Farm at Stewart Airport
St Rte 17K - W Side
Newburgh, NY 12553

Application ID:

3-3346-00142/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Newburgh, 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 023 4915, DEC 3-3346-00142-00001), for Stewart Airport pursuant to 6 NYCRR Part 750-1.18, New York State's Environmental Benefit Permit Strategy (EBPS).

Stewart Airport was recently transferred from SWF Airport Acquisition, Inc. to the Port Authority of New York and New Jersey. The airport discharges stormwater runoff to waters to the state from areas where activities include fuel transfer and storage, de-icing and anti-icing. The permit regulates the management and discharge of pollutants associated with those activities. 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. Permit pages are renumbered and reordered. The address for the Regional Water Engineer on the Recording, Reporting and Monitoring page has been changed. A continuation of the Discharge Notification Act requirements was added. All mention of the General Conditions have been removed from the permit pages, as these conditions have been replaced by regulations at 6NYCRR Part 750. The Water Index Numbers for the receiving waters were updated.

Permit Limits and Monitoring -
The sample type for flow was changed from instantaneous to calculated to reflect the actual method used. Additional instructions, consistent with federal regulations, regarding when stormwater sampling should be done, were added to the draft permit on page 10. A total suspended solids (TSS) limit was added to Outfalls 001, 004, 005, 008, 011 & 013 to protect water quality in the receiving waters. The carbonaceous biochemical oxygen demand (CBOD) limit was changed to a biochemical oxygen demand (BOD) limit at Outfalls 004, 005, 008 and 013 in accordance with the United States Environmental Protection Agency's (EPA) stormwater monitoring requirements.

Footnote 1 on page 4 of the current permit, which stated that the discharge level of CBOD must be such that ambient dissolved oxygen standard must be met, has been replaced with a limit of 30 mg/l of BOD.

Ethylene glycol and propylene glycol monitoring have been replaced with total glycol monitoring at outfalls 004, 005, 008 & 013. Ethylene glycol is no longer used at this airport. Footnotes 2 and 3, on page 4 of the current permit, which required that glycol monitoring be required only during the de-icing season (and that ethylene glycol monitoring was only required when it was used) have been replaced with footnote 2 on page 10 of the draft permit and a specific monitoring period for glycol. Total nitrogen monitoring has been added to the permit at outfalls 004, 005, 008 & 013. EPA's stormwater requirements for airports using over 100,000 gallons of glycol or 100 tons of urea per year contain a limit for total nitrogen. This airport is currently using much less glycol and urea so no limit is required at this time. The monitoring is required in anticipation of future growth at the airport. The action level requirements for Benzene, Toluene, and Xylenes at outfalls 001 and 011 (Northeast and Southwest Fuel Farms) have been replaced with more stringent limits. In addition, limits for two other indicators of fuel contamination, Methyl Tert-butyl ether (MTBE) and Ethylbenzene, were added. Limits for benzene, toluene, ethylbenzene, and xylenes (BTEX) and MTBE were also added to outfalls where aircraft fueling is an activity (004 & 013). Most limits in the permit are technology based limits, based on best professional judgement of the permit writer, consistency with other airport permits, and expected levels in the discharge. A water quality based effluent limit of 10 micrograms per liter (ug/l) for MTBE was included in the draft permit at outfalls 011 and 013 to protect the Class A waters of the small tributary to Moodna Creek. The technology based effluent limit of 50 ug/l for MTBE was applied to outfalls 001 and 004 as these outfalls discharge to a Class C waterbody. Outfall 001A was removed from the permit. This was an internal monitoring location for hydrostatic testing of tanks in the fuel farms. The procedure noted in the current permit is not done at the airport. The requirements have been replaced with best management practices.

Best Management Practices - A requirement to develop a best management practices (BMP) plan to control the discharge of pollutants from the site was added to the draft permit. The first BMP plan is due 9 months after issuance of the permit. Section 5.C and 5.D of the BMP requirements address discharges from secondary containment areas in the fuel farms.

Compliance schedules: The following compliance schedules were added to the draft permit. A yearly summary de-icing/anti-icing report is required to be developed and submitted each June 15th. A requirement to sample outfalls 002, 003, 006, 007, 009, 010, 012, 014, & 015 for one de-icing season is required to provide the Department information concerning discharge levels of glycols, BOD, total nitrogen, flow and pH, as well as outfall locations.

Stewart Airport has the following surface discharges: Outfall 001 to Outfall 005 discharges to a Tribuary of Beverdam Brook, a class C water; Outfall 006 discharges to a Tributary of Beaverdam Lake, a class C water; Outfall 007 discharges to Crestview Lake, Tributary of Beverdam Lake, a class C water; Outfall 008 to Outfall 013 and Outfall 015, discharges to a Tributary of Moodna Creek, a class A water; and, Outfall 014 discharges to a Tributary of Silver Stream, a class C 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 during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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 Jan 18, 2008.

Contact:

Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
deppermitting@dec.ny.gov


Westchester County

Applicant:

Spraylat Corporation
143 Sparks Ave
Pelham, NY 10803

Facility:

Spraylat Corp
716 South Columbus Ave
Mount Vernon, NY 10550

Application ID:

3-5508-00088/00031

Permit(s) Applied for:

Article 19 Air Title V 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) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to issue a renewal to the Title V Air Facility Permit for the operation of Spraylat Corporation. This facility has applied for a renewal of an existing Air Title V permit and intends to limit Hazardous Air Pollutant emissions to less than 10 tons per year individually and 25 tons per year combined.

Spraylat is an existing facility which manufactures paint in a variety of coating and sizes in order to meet customer demand.

This application is intended to provide the facility with a federally enforceable emissions cap for HAP's. Facility will ensure compliance by maintaining and submitting semiannual solvent usage records and calculating emissions using a material balance.

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 621.7(b)(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. 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. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below. 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 during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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 Jan 18, 2008.

Contact:

Kenneth R Grzyb
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
dep.r3@dec.ny.gov


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