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ENB - Region 4 Notices 10/22/2008

Notice of Rescheduling of Public Hearing and Revised Deadline for Comments

The following Combined Notice was first published in the October 8, 2008 edition of the Environmental Notice Bulletin and the October 10 edition of the Times Union. This version supercedes the previous version.

Notice of Complete Application
Notice of Completion of SDEIS
Notice of Public Hearing

October 17, 2008

City of Albany, Department of General Services

Address: 1 Connors Blvd., Albany, NY 12205

Facility: Rapp Road Landfill

Permits applied for and application numbers:

Modification to NYS Solid Waste Management Facility permit (6NYCRR Part 360)
DEC# 4-0101-00171/00011,

Renewal/Modification to NYS Air Title V permit (6NYCRR Part 200)
DEC# 4-0101-00171/00013

Freshwater Wetlands permit (6NYCRR Part 663)
DEC# 4-0101-00171/00015

401 Water Quality Certification ( ECL Article 15)
DEC# 4-0101-00171/00016

SPDES Stormwater Management permit (ECL Article 17)

Project description and location:

The proposed project involves the expansion of the existing City of Albany landfill, located on Rapp Road, onto City-owned lands located east of the existing landfill. The proposed expansion, commonly referred to as the "Eastern Expansion," will allow the City to continue to meet the solid waste disposal needs of City residents and businesses as well as the communities that make up the Albany New York Solid Waste Energy Recovery System (ANSWERS) Solid Waste Management Planning Unit, and the Capital Region as a whole.

The main components of the landfill expansion include a landfill liner system, leachate collection and removal system and a landfill gas control system.

The Eastern Expansion of the landfill involves an overfill of approximately 23 acres of the existing landfill and a lateral expansion of approximately 15 acres that includes 2 acres within the existing landfill operations area (disturbed/developed lands) and 13 acres within undeveloped City-owned property directly to the northeast. The City proposes to relocate existing landfill infrastructure including offices, the recycling building, and other accessory uses to several privately-owned parcels totaling approximately 3.5 acres located directly east of the landfill entrance road. The proposed expansion would have a project capacity of approximately two million tons and is projected to extend the life of the current landfill for approximately 6.5 years.

The expansion would require the direct filling of 5.05 acres of wetlands and an additional 4.06 acres of wetlands would be regraded as part of the overall wetland mitigation and restoration plan. The mitigation plan for the wetland impacts will involve the creation of 22.14 acres of new wetlands in areas that are currently uplands. An additional 27.45 acres of existing wetlands would be enhanced in quality and function.

The proposed expansion involves a modification to the landfill's existing Solid Waste Management permit and a modification/renewal to the facility's Air Title V permit. It will also require a new Freshwater Wetlands permit along with a Section 401 Water Quality Certification for the proposed disturbance of State and federally regulated wetlands. A SPDES Stormwater permit is also needed for construction related activities.

State Environmental Quality Review (SEQR) Determination:

The project is a Type I action and may have a significant impact on the environment. A coordinated review was performed and a positive declaration was issued. The applicant has prepared a Supplemental Draft Environmental Impact Statement (SDEIS) for this action which updates a previously prepared DEIS for this facility. The DEC, as the SEQR Lead Agency has accepted this SDEIS document as being complete.

SEQR Lead Agency: New York State Department of Environmental Conservation (NYS DEC)

Uniform Procedures Act: This project is considered a Major action under this act.

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 adverse 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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29):
It has been determined that the proposed action is not subject to CP-29.

Statutory and Regulatory Provisions: This application was filed and reviewed pursuant to Environmental Conservation Law ("ECL") Article 3, Title 3 (General Functions), Article 8 (State Environmental Quality Review), and Article 70 (Uniform Procedures); and pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6NYCRR") Part 617 (State Environmental Quality Review), Part 621 (Uniform Procedures), Part 360 (Solid Waste Management), Part 663 Freshwater Wetlands, and Part 608 (Protection of Waters.)

Public Legislative Hearing: A legislative public comment hearing will be held on Wednesday, December 3, 2008, commencing at 7:00 p.m. at the Polish Community Center, Washington Avenue Extension, Albany. All persons having an interest in this project are urged to attend or be represented either individually or collectively and provide verbal comments on the pending applications. It is not necessary to file a written request in advance to speak at the legislative hearing. Written statements and comments on the application are encouraged and any statements and comments may be filed prior to or at the hearing, but no later than the deadline for written comments.

This hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services may also be made available to deaf persons, at no charge, upon written request to the DEC Contact Person named below, no less than 10 days prior to the hearing, pursuant to SAPA § 202(1).

Following the hearing, the Department will make a determination on whether substantive or significant issues have been raised as defined in 6NYCRR Part 621 Uniform Procedures and whether an Adjudicatory Hearing Issues Conference should be scheduled before an Administrative Law Judge. In order to raise substantive and significant issues written comments expressing objections to or opposition to the application must explain the basis of that opposition and identify the specific grounds which could lead the Department to deny or impose significant permit conditions on the project.

Availability of Documents: The Department has prepared a draft Air Title V permit which may be reviewed, along with the Supplement Draft Environmental Impact Statement, and supporting documentation, at the locations listed below during normal business hours:

City of Albany, Office of General Services, 1 Connors Boulevard, Albany, NY 12205

City of Albany, Main Library, 161 Washington Avenue, Albany, NY 12210

Town of Colonie - William K. Sanford Library, 629 Albany-Shaker Road, Loudonville, NY 12211

NYS DEC-Region 4 Office, 1130 North Westcott Road, Schenectady, NY 12306

In addition, the documents are posted on the world wide web for accessibility by interested parties on the Capital Region Solid Waste Management Partnership website at: http://www.capitalregionlandfill.com

Opportunity for Public Comment:

Written comments may be submitted as follows:

1) At the public Hearing on December 3, 2008;
2) Mailed to the DEC Region 4 office listed in this Notice;
3) Faxed to the DEC Region 4 office at: (518) 357-2460;
4) E-mailed to DEC Region 4 office at: dep.r4@dec.ny.gov

All comments should be addressed to the attention of the NYS DEC Contact person listed in this Notice and must be received by NYS DEC no later than Close of Business (4:45 p.m.) on December 15, 2008. Comments should include specific information relative to the project.

NYS DEC Contact Person:

Angelo Marcuccio
New York State Department of Environmental Conservation
Region 4 Headquarters
1130 North Westcott Road
Schenectady, New York 12306
Phone: (518) 357-2069

Negative Declaration

Albany County - The Town Board of the Town of Bethlehem, as lead agency, has determined that the proposed 2008 Amendments to Zoning Law, Subdivision Regulations and Zoning Map will not have a significant adverse environmental impact. The action involves the adoption of amendments and technical corrections to the Zoning Law, Subdivision Regulations and Zoning Map that were adopted August 24, 2005. The project is located in the entire municipality of Bethlehem, New York.

Contact: Jeffrey Lipnicky, Town of Bethlehem, 445 Delaware Avenue, Delmar, NY 12054, Phone: (518) 439-4955, ext. 158, E-mail: jlipnicky@town of bethlehem .org.

Columbia County - The New York State Department of Environemental Conservation (NYS DEC), as lead agency, has determined that the proposed James McNamee Sand and Gravel Mine will not have a significant adverse environmental impact. The action involves the mining of an 18 acre life of mine sand and gravel mine over an estimated 5 to 10 year period removing approximately 170,000 cubic yards of material. Operation will include the use of a portable dry screening plant. The project is located at 10 Columbia County Route 27 in the Town of Claverack, New York.

Contact: Michael T. Higgins, NYS DEC-Region 4, 1130 North Westcott Road, Schenectady, NY 12306, Phone: (518) 357-2069.

Columbia County - The Columbia County Board of Supervisors, as lead agency, has determined that the proposed Purchase, Redevelopment and Finance of the former Ockawamick School will not have a significant adverse environmental impact. The action involves the purchase, redevelopment and financing of the former Ockawamick school property, a 77,000 ± square foot, single story building and 24 ± acres of property. The project is located at Tishauser Road and NYS Route 217 in the Town of Claverack, New York.

Contact: Arthur H. Baer, Jr., Columbia County Board of Supervisors, 401 State Street, Hudson, NY 12534, Phone: (518) 828-1527.

Otsego County - The Village of Unadilla, as lead agency, has determined that the proposed Water Supply and Distribution System Upgrade will not have a significant adverse environmental impact. The action involves the development of a new well site (new pump, pumphouse, controls, disinfection and pipeline tie-in) and for the replacement of the older/undersized watermains. The project is located in the Village of Unadilla, New York.

Contact: Linda Bickos, Village of Unadilla, 193 Main Street, Unadilla, NY 13849, Phone: (607) 369-3421, E-mail: villageofunadilla@yahoo.com.

Schenenctady County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Mott Farm Pond Construction/Mine Site will not have a significant adverse environmental impact. The action involves the excavation of 3.6 acres of land to create a pond. Sandstone will be mined from this proposed 4.1 acre Life of Mine site. The project is located entirely within a 318 acre parcel owned by the applicant at 5539 Western Turnpike Road (US Route 20) in the Town of Duanesburg, New York.

Contact: James Eldred, NYS DEC-Region 4, Division of Environmental Permits, 1130 North Westcott Road, Schenectady, NY 12306-2014, Phone: (518) 357-2445.

Notice of Acceptance of Draft EIS and Public Hearing

Rensselaer County - The City of Rensselaer Planning Commission, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Cottage Hill Development. A public hearing on the Draft EIS will be held on November 10, 2008 at 7:00 p.m. on the first floor of City Hall, 62 Washington Street, Rensselaer, New York. Written comments on the Draft EIS will be accepted until 4:30 p.m on November 28, 2008. The DEIS will be available for reveiw at: http://groups.google.com/group/cottage-hill-review. The action involves the proposal to build a residential complex of 30 townhomes and an 8 story building with 150 condominium units on a 29 acre site. The project area includes a former landfill. The project is located at 96 Partition Street, Rensselaer, New York.

Contact: Marybeth Pettit, City of Rensselaer Planning & Development Agency, 62 Washington Street, Rensselaer, NY 12144, Phone: (518) 465-1693, E-mail: crenplan@gmail.com.

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