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ENB Region 4 Completed Applications 11/25/2009

Columbia County

Applicant:

EW Birch Builders & Construction Inc
PO Box 444
Latham, NY 12110 -0444

Facility:

Clover Hills Residential Development
Clover View Rd
Claverack, NY

Application ID:

4-1028-00140/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Claverack, Columbia County


Project Description:

Subdivision of a 36.7 acre parcel into 10 building lots for single-family homes. The homes will have individual private wells and septic systems. The project will result in impacts to approximately 0.20 acre of adjacent area of Freshwater Wetland CK-3.

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:

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 Dec 10, 2009.

Contact:

Karen M Gaidasz
NYSDEC Region 4 Headquarters
1130 North Westcott Rd
Schenectady, NY 12306
(518)357-2069
r4dep@gw.dec.state.ny.us


Delaware County

Applicant:

Morningstar Foods Inc
C/O Ultra Dairy
40236 St Rte 10
Delhi, NY 13753

Facility:

Ultra Dairy/Morningstar
40236 St Rte 10
Delhi, NY 13753

Application ID:

4-1228-00002/00007

Permit(s) Applied for:

Article 19 Air State Facility

Project is Located:

Delhi, Delaware County


Project Description:

The Department has proposed an Air State Facility Permit for the application that was received for the Ultra Dairy/Morningstar facility located on 40236 State Highway 10, Town of Delhi, County of Delaware, owned by Morningstar Foods, Inc., 40236 State Highway 10, Delhi, New York. The facility is involved with the production of various milk products. The facility includes process equipment and boilers firing No. 4 fuel oil. The application that was submitted is for the restructuring of their existing emissions caps. In order to continue to remain below the applicability threshold for Title V permitting, the applicant has proposed restricting the potential to emit through enforceable permit conditions which will limit or cap emissions at a level which is less than 100 tons per year for sulfur dioxide. The applicant has agreed to permit conditions which will limit sulfur dioxide emissions by restricting the sulfur content of the fuel oil and fuel oil usage of the boilers. The facility will be required to maintain records and report this data to verify compliance with permit conditions and limits.

Persons wishing to inspect the subject Air State Facility 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 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 two 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.

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 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 exists. A copy of the Department's permit hearing procedures is available upon request or on the Department's web site at: http://www.dec.ny.gov/permits/6234.html

The Air State Facility Permit, ID number 4-1228-00002/00007, is available for review at the Region 4 sub-office. The contact person is Martha Wood, NYSDEC, 65561 State Highway 10, Suite 1, Stamford, NY 12167-9503, telephone (607)652-7741. Comments will be received for 30 days from the date of this notice. If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft Air State Facility Permit.

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:

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 28, 2009.

Contact:

Martha A Wood
NYSDEC Region 4 Stamford Sub-Office
65561 St Rte 10
Stamford, NY 12167
(607)652-7741
r4dep@gw.dec.state.ny.us


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