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ENB Region 3 Completed Applications 05/21/2008

Dutchess County

Applicant:

JAB Associates LLC
35 Lakeward Ave
Congers, NY 10920

Facility:

Creekside Estates Subdivision
1790 St Rte 9G
Hyde Park, NY

Application ID:

3-1332-00316/00003

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Article 17 Titles 7 & 8 P/C/I SPDES - Surface Discharge

Project is Located:

Hyde Park, Dutchess County

Project Description:

The New York State Department of Environmental Conservation proposes to issue draft State Pollutant Discharge Elimination System (SPDES), Stream Disturbance and Freshwater Wetlands permits, with a 401 Water Quality Certification, to the above referenced applicant for the Creekside Estates Subdivision. The development includes the construction of 38 single family homes on a 112 acre parcel. Lots will be served by individual wells and septic tanks that will discharge to a community wastewater treatment system. The draft SPDES permit authorizes the construction of a wastewater treatment plant (WWTP) that will discharge 14,400 gallons per day of treated sanitary wastewater to a tributary to the Crum Elbow Creek. This tributary, Waters Index Number (WIN) H-124-7 is Class A. The facility is considered a non-significant private/commercial/institutional (PCI) facility, Discharge Class 02. The submission of Discharge Monitoring Report (DMR) is not required, but the submission of a monthly "Wastewater Facility Operation Report" is required. Effluent limits were provided by the Bureau of Water Assessment and Management. SPDES ID NY 027 4101. The Stream Disturbance permit will authorize disturbance to the bed and banks of the above referenced tributary of Crum Elbow Creek for the installation of a six-inch layer of crushed stone underlayment and placement of an eight-foot by four-foot pre-cast concrete headwall/outfall structure that would serve the proposed WWTP. The Freshwater Wetland permit authorizes a 1,367 square foot disturbance to the adjacent area of FW HD-9 for the removal of an existing gravel road and the revegetation with native species of the disturbed area.

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 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: Hyde Park Town 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 Jun 20, 2008.

Contact:

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


Applicant:

New Horizons Resources Inc
C/O Andrea Pollack
PO Box 3030 21 Van Wagner Rd
Poughkeepsie, NY 12603

Facility:

New Horizons Resources Property
123 - 129 West Rd
Pleasant Valley, NY

Application ID:

3-1344-00162/00002

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Pleasant Valley, Dutchess County

Project Description:

Applicant proposes to construct 14 parking spaces in the state regulated 100 foot adjacent area of freshwater wetland PV-5. The proposed parking location currently contains a lawn area. Proposed activities are associated with the modification of the existing office building located on the south side of West Road to accommodate a not-for-profit agency. Wetland mitigation in the form of impervious parking material in more critical adjacent areas has been 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: Pleasant Valley 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 Jun 05, 2008.

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 is modifying the Roseton Generating Station Title V Permit to include conditions recently promulgated under regulations 6 NYCRR Parts 243, 244,and 245. These regulations require facilities to obtain/possess at least as many 'allocations' of sulfur dioxide (SO2) and oxides of nitrogen (NOx) as they emit into the atmosphere during a specified period of time. An 'allocation' is a unit of pollution which is limited by a budget established by the regulations. The Department developed these regulations in response to the United States Environmental Protection Agencies (EPA's) recent "Clean Air Interstate Rule" (CAIR). The regulations are included in New York's ' State Implementation Plan' (SIP), which has been approved by EPA, as required by the Clean Air Act of 1990.

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 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 Jun 30, 2008.

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


Rockland County

Applicant:

Mirant Bowline LLC
140 Samsondale Ave
West Haverstraw, NY 10993

Facility:

Bowline Point Generating Station
140 Samsondale Ave
West Haverstraw, NY 10993

Application ID:

3-3922-00003/00008

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Haverstraw, Rockland County

Project Description:

The Department has prepared a draft permit and has made a tentative determination to modify the Bowline Generating Station Title V Permit to include conditions recently promulgated under regulations 6NYCRR Parts 243, 244 and 245. These regulations require facilities to obtain/possess at least as many 'allocations' of Sulfur Dioxide (SO2) and oxides of nitrogen (NOx) as they emit into the atmosphere during a specified period of time. An "allocation" is a unit of pollution which is limited by a budget established by the regulations. The Department developed these regulations in response to the United States Environmental Protection Agency's (EPA's) recent "Clean Air Interstate Rule" (CAIR). The regulations are included in New York's "State Implementation Plan' (SIP), which has been approved by EPA, as required by the Clean Air Act of 1990.

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 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 Jun 30, 2008.

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


Sullivan County

Applicant:

Gan Acres Inc
C/O David Krinsky
286 Madison Ave 12TH Fl
New York, NY 10017

Facility:

Gan Acres Inc
89 Tanzman Rd
Parksville, NY 12768

Application ID:

3-4836-00167/00004

Permit(s) Applied for:

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

Project is Located:

Liberty, Sullivan County

Project Description:
The applicant proposes to restore a four-acre pond located within the course of a tributary of the Little Beaver Kill (DEC Water Index No. D-70-20-25-9-10; Class B(t)). The site is located on the northeast side of Tanzman Road, approximately 1/2 mile southeast of the intersection with County Route 85 (AKA Cooley Road). The lake restoration involves the removal of approximately 5,000 cubic yards of accumulated sediment, deepening the pond from a maximum of approximately 5 feet to 8 feet, and the planting of native plant species. Excavated sediments will be disposed of on-site, within two former sewage disposal lagoons. Streamflow into the pond will be diverted around the dredging area during the work.
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 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 Jun 06, 2008.

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 Rockland
P O Box 964
Livingston Manor, NY 12758 -0355

Facility:

Elm Hollow Rd
Elm Hollow Rd (TOWN Rd 20) Over Elm Hollow Brk
Rockland, NY

Application ID:

3-4844-00177/00009

Permit(s) Applied for:

Article 15 Title 5 Stream Disturbance

Project is Located:

Rockland, Sullivan County

Project Description:

The Town of Rockland in Sullivan County has submitted an application for a Protection of Waters permit to perform several projects within an approximately 3700 LF stretch of Elm Hollow Brook (Water Index #: D-70-20-25, Class B(T)) in association with the repair of the adjacent Elm Hollow Road which was severely damaged during June 2006 storm events. The restoration work is planned for the stretch of stream which starts approximately 800' North of the intersection with Johnston Hill Road and extends northward approximately 3,700'. As part of the stream restoration the following projects are planned:

  • Streambank stabilization along nearly the entire length of western streambank bank within the project site. Stabilization includes:
    • Placing heavy stone rip-rap along the slope in three stretches from 600' to 850', 1,200' to 1,450' and 3,550' to 3,700' from the southern boundary of the project site.
    • Stacked stone stream bank protection will be placed at the toe of the slope with hydroseeding above extending from 850' to1,200', 1,450' to 2,850', and 3,410' to 3,550' from the southern boundary of the project site.
    • A soldier pile retaining wall and stacked stone bank stabilization will be installed and large boulders will be placed within the stream to slow water velocities between 2,850' and 3,410' from the southern boundary of the project site.
  • At the south end of the project length, a pre-cast concrete arch culvert with a 24' span will be installed beneath the roadway to replace the Elm Hollow Road culvert that was destroyed during the storm.
  • Culverts beneath Elm Hollow Road that outlet into Elm Hollow Brook will be replaced along the length of the project. Heavy Stone will be placed beneath the end of the culvert to provide energy dissipation and reduce erosion.

Erosion and sediment control measures will be employed along the length of the stream restoration project including the use of temporary stream diversions for each project section. A license engineer will be on-site at all times to monitor the construction of the stream restoration projects and ensure that the width, depth and character of Elm Hollow Brook is preserved.

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 Jun 05, 2008.

Contact:

Ellen M Hart
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:

Sawkill Meadow LLC
146 Forest Hill Dr
Kingston, NY 12401

Facility:

Sawkill Meadow Apartments
Sawkill Rd at Farm to Market Rd
Ulster, NY

Application ID:

3-5154-00206/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 P/C/I SPDES- Groundwater Discharge

Project is Located:

Ulster, Ulster County

Project Description:

DEC has tentatively determined to issue a draft SPDES permit to the above referenced facility for the construction of a wastewater treatment plant (WWTP) that will discharge treated sanitary waste in the amount of 11,040 gallons per day to an unnamed tributary of the Esopus Creek, Class C. The subject WWTP will serve the proposed 46-unit Sawkill Meadows Apartment complex and will incorporate a buried septic tank, sand filters and disinfection processes. Effluent limitations for flow, total suspended solids, total residual chlorine, biochemical oxygen demand, ammonia, phosphorous, pH, fecal coliform, dissolved oxygen and temperature, as well as monitoring requirements, are contained within the draft permit. NY 027 2451

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 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: Ulster Town Board

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 Jun 20, 2008.

Contact:

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


Westchester County

Applicant:

Brook Payner

Facility:

Payner Property
52 Siscowit Rd
Pound Ridge, NY

Application ID:

3-5546-00057/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Pound Ridge, Westchester County

Project Description:

The applicant proposes to modify the existing permit which allows approximately 0.5 acre of disturbance to the 100-foot Adjacent Area of NYS Freshwater Wetland D-11, Class I, and 0.01 acre of the wetland itself for various improvements including a pool house and deck to serve the existing single-family residence on an 8.8 acre parcel. The applicant now proposes to disturb an additional approximately 0.11 acre of Adjacent Area to construct a detached, 3-car garage with associated retaining wall, grading, and drainage features.

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 Jun 05, 2008.

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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