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ENB - Region 3 Notices 7/27/2011

Public Notice

Notice of Extension of Comment Period

Cricket Valley Energy Center, LLC
31 Milk Street
Boston, MA 02109

Application Numbers:
DEC # 3-1326 00275/00002 - Article 24 Freshwater Wetlands
DEC # 3-1326 00275/00003 - Section 401 Water Quality Certification
DEC # 3-1326 00275/00004 - Part 201 Air State Facility;

Project Description:
The Cricket Valley Energy Center (CVE) will consist of a combined cycle natural gas powered 1,000 megawatt (MW) electric generating facility and interconnection substation.

The CVE facility will generate approximately 1,000 MW of electricity, fueled only by natural gas. The CVE facility will use "combined cycle" generation technology, one of the most efficient technologies for producing electricity. The facility will be comprised of three combined-cycle units, each consisting of a combustion turbine generator (CTG), a Heat Recovery Steam Generator (HRSG) with supplemental duct firing, and a steam turbine generator (STG). Auxiliary equipment will include a low nitrogen oxide (NOx) natural gas-fired auxiliary boiler, needed to keep the HRSGs warm during periods of turbine shutdown and to provide sealing steam during startups, and four diesel-fired black start generators, each with a maximum power rating of 3 MW. The four black start generators will be used to re-start the facility in the event of a total power loss on the local or regional transmission grid.

The project will be equipped with state-of-the-art emissions control technology, including dry low NOx (DLN) burners and selective catalytic reduction (SCR) technology to control emissions of NOx, and an oxidation catalyst to control carbon monoxide (CO) and volatile organic compounds (VOC) emissions. A continuous emissions monitoring system (CEMS) will be utilized to ensure and document facility compliance with applicable emissions standards. Water use will be minimized by the use of air cooled condensers (ACC). Process water supply will be provided from new on-site bedrock wells. A zero liquid discharge (ZLD) system will recycle and reuse water internally, reducing the need for process water and ensuring that no process wastewater will be discharged. The facility will employ best management practices (BMPs) for stormwater management, which will include a system that reflects existing drainage patterns and incorporates a wet extension detention pond, small bioretention facilities, and roof top rain capture to maintain peak rates of discharge and minimize the potential for erosion and sedimentation.

There will be several storage tanks on-site, including a 1,000,000 gallon raw water storage tank, used to supply the facility's water needs and for fire protection; a 250,000 gallon demineralized water storage tank; and two 30,000 gallon aqueous ammonia storage tanks. A secondary safety containment area, designed to hold 110 percent of the entire volume of the tanks, will be provided around the ammonia storage tanks, consistent with New York State requirements. There also will be on-site storage of small quantities of ultra-low sulfur diesel (ULSD) fuel and lubricating oils. ULSD storage will be limited to the fire pump's integrated 650 gallon fuel tank and the four emergency black start generators, each with an integrated 1,000 gallon fuel tank. As required, all tanks, equipment and vessels containing ULSD fuel and/or lubricating oils will be located inside a concrete safety containment, sump or curbed dike area for spill control and management.

There will be two utility interconnections at the facility. The electricity generated from the facility will be transmitted via a 700 foot on-site overhead interconnect to the existing Consolidated Edison Company of New York (ConEd) 345 kilovolt electric transmission line located north of the Project Development Area. A new switchyard and substation, incorporating gas-insulated switchgear to minimize footprint requirements, will be built at the facility. Natural gas will be the sole fuel for the facility, transported via a new 500 foot, 12 inch gas pipeline from the Iroquois pipeline, just north of the Project Development Area.

Project Location:
The project is located at the former Mica Products industrial site at NYS Route 22 in the Town of Dover, Dutchess County, New York. The project site totals 131 acres, which includes 74 acres (west of the Metro-North rail line) within the Great Swamp Critical Environmental Area; and a 57 acre Project Development Area east of the railroad line. The Project Development Area is bounded by NYS Route 22 to the east; to the south by industrially zoned property owned by Howlands Lake Partners, LLC; to the west by the Metro-North rail line; and to the north by an existing ConEd electric transmission right-of-way.

Air Permit Applications

Air Permits:
The Applicant has filed individual applications seeking the issuance of a preconstruction permit pursuant to 6 N.Y. Compilation of Codes, Rules and Regulations (NYCRR) §201-6.1(b) and Subpart 201-5. New York State Department of Environmental Conservation (NYS DEC) Staff concludes that the applications for this permit are complete within the meaning of 6 NYCRR §621.2(f) and has tentatively determined to issue the permits. Consequently, NYS DEC Staff has prepared a draft permit pursuant to 6 NYCRR §621.7(b)(7).

NYS DEC Staff has determined that the conditions in the draft preconstruction permit authorize the construction and operation of the proposed facility and assure conformance of the facility with all applicable State and federal air pollution control regulations including the requirements of 6 NYCRR Parts 201, 225, 227, 231, 242, 243, 244, 245 and 257, as well as all New Source Performance Standards (NSPS) at 40 Code of Federal Regulations (CFR) Part 60. Information regarding the demonstration of the Lowest Achievable Emission Rate (LAER) or Best Available Control Technology (BACT) or both is included within the Draft EIS and draft air permit.

Freshwater Wetlands / Water Quality Certification

Freshwater Wetlands Permits: Pursuant to Environmental Conservation Law (ECL) §24-0105 and the Clean Water Act Part 401 Water Quality Certification, the Applicant has filed an application with NYS DEC for a permit for fill in state-jurisdictional freshwater wetlands, disturbance to state-regulated adjacent areas, and a water quality certification for activities related to the Freshwater Wetlands permit and additional activities on the site under the jurisdiction of the U.S. Army Corps of Engineers. NYS DEC Staff concludes that the applications for these permits are complete within the meaning of 6 NYCRR §621.2(f) and has tentatively determined to issue a permit. Consequently, NYS DEC Staff has prepared a draft permit.

NYS DEC Staff has determined that the conditions in the draft permit authorize the proposed activities and assure conformance of the facility with the standards for permit issuance set forth in 6 NYCRR §663.5.

State Pollutant Discharge Elimination System (SPDES)
The Applicant intends to seek coverage under the SPDES General Permit for Storm Water Discharges from Construction Activities (GP-0-10-001). The facility is utilizing a zero waste discharge system; therefore, an industrial SPDES permit for the discharge of wastewater is not required.

Additional Regulatory Provisions

NYS Public Service Law (PSL): This project requires a Section 68 Certificate of Public Convenience and Necessity (CPCN) from the New York State Public Service Commission (NYS PSC).

NYS ECL and Implementing Regulations: In addition to the specific statutes and regulations cited above, the subject preconstruction air permit applications as well as the freshwater wetlands permit and the water quality certification are being processed by the NYS DEC pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), ECL Article 19 (Air Pollution Control), ECL Article 24 (Freshwater Wetlands) and 6 NYCRR Subparts 201-6 (Permits and Registrations) and 231-2 (Requirements for Emission Sources Subject to §§172 and 173 of the Clean Air Act , 42 USC §7502 and §7503 on or after November 15, 1992), Part 621 (Uniform Procedures), Parts 750-758 (State Pollutant Discharge Elimination System) and the Clean Water Act Part 401 Water Quality Certification.

State Environmental Quality Review (SEQR) Status:
The NYS DEC Staff has determined that the proposed project is a Type I action as designated by 6 NYCRR §617.4(b)(6)(i). A Draft Environmental Impact Statement (Draft EIS) has been prepared and NYS DEC, as lead agency, has determined the Draft EIS is adequate for public review. Pursuant to 6 NYCRR §617.9(a) (4) NYS DEC has made the determination to hold a public hearing, the details of which are provided below in the legislative hearing section of this notice.

State Historic Preservation (SHPA) Status:
A cultural resource survey has been completed. Based on the information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) has determined that the project will have "No Effect" on cultural resources at the Project Development Area; and the project is unlikely to have an adverse impact on cultural resources at the Laydown Site, provided that CVE completes the Phase 1B survey at the site prior to commencing construction. NYS DEC must consult further with NYS OPRHP before making a final determination on the permits.

Coastal Zone Management:
This project is not located in a Coastal Management Area and therefore is not subject to the Waterfront Revitalization and Coastal Resources Act.

Tentative NYS DEC Staff Position and Document Availability:
NYS DEC Staff has reviewed Cricket Valley Energy's application materials and supporting documentation and has determined that they are complete pursuant to 6 NYCRR Part 621. A tentative determination has been made to approve this application and prepare draft permits. It has been determined that all air program statutory and regulatory criteria can be met through the imposition of special permit conditions. For the 201-6 draft air preconstruction permit, NYS DEC has incorporated control technologies and emission limits proposed by the Applicant, and has independently developed additional conditions to ensure compliance with all regulatory requirements. The background documentation of this determination is available in the "fact sheets" and the administrative record for the project.

The application materials, fact sheets, the draft air preconstruction permit, and draft freshwater wetlands permit/water quality certification are available for review at the following locations during normal business hours between 9:00 a.m. and 4:00 p.m., Monday through Friday:

1. NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750. Contact: Stephen Tomasik at (518) 486-9955.

2. NYS DEC - Region 3 Headquarters, 21 South Putt Corners, New Paltz, New York 12561. Contact: Alexander Ciesluk at (845) 256-3041.

The Draft EIS, application materials, fact sheets, the draft air permit, and the draft Freshwater Wetlands permit/Water Quality Certification are also available for review at the following locations during normal business hours.

1. Town of Dover Town Hall
126 East Duncan Hill Road
Dover Plains, New York 12522
Phone: (845) 832-6111
E-mail: WebMaster@TownofDoverNY.us

2. Dover Plains Library
1797 Route 22
Wingdale, New York 12522
Phone: (845) 832-6605
E-mail: library@doverlib.org

3. Cricket Valley Energy Office
5 Market Street
Dover Plains, New York 12522
Phone: (845) 877-0596
E-mail: info@cricketvalley.com

4. NYS DEC website at: http://www.dec.ny.gov/permits/64754.html.

5. Cricket Valley Energy project website at: http://www.cricketvalley.com/home.aspx.

6. Town of Dover website at: http://townofdoverny.us/index.cfm

Written Comments:
All written comments concerning the Draft EIS, draft air permit, or draft Freshwater Wetlands permit/Water Quality Certification must be submitted to the NYS DEC Contact Person listed below by August 5, 2011. Comments sent by regular mail must be postmarked no later than August 5, 2011. Email and Fax comments must be received by 5 p.m. (EDT), August 5, 2011.

All public comments on these permits will be reviewed by NYS DEC Staff to determine whether they raise substantive and significant issues that warrant further review through adjudication.
Specific comments must be supported by full documentation and references should be limited to readily available information.

Public Hearings Sessions

Legislative Public Hearing:
Legislative hearing sessions to receive unsworn statements from the public on the Draft EIS, applications and the draft permits, described above, will be held before Administrative Law Judge (ALJ) Helene Goldberger at 3 p.m. and 6 p.m. on Tuesday, June 28, 2011 at the Dover High-Middle School Auditorium, 2368 Route 22, Dover Plains, New York
. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the public hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

Contact: Stephen M. Tomasik, NYS DEC - Division of Environmental Permits, 625 Broadway, 4th Floor, Albany, NY 12233-1750, Phone: (518) 402-9167, Fax: (518) 402-9168, E-mail: deppermitting@dec.ny.gov.

Positive Declaration

Dutchess County - The Town of Pawling Planning Board, as lead agency, has determined that the proposed Adoption of Town of Pawling Comprehensive Plan Update (CPU) and Zoning Amendments may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves the adoption of the Comprehensive Plan Update (CPU) and proposed zoning amendments to the use and bulk tables for the HA, HB and I zoning districts. Changes to the uses and bulk requirements are also planned in the HA (Hamlet - 1/2 acre), HB (Highway Business - 1 acre) and I (Industry - 1 acre) zoning districts. No changes to density are proposed. All Zoning District boundaries will remain as they are currently configured. The CPU objectives include review of land development regulations and open space inventory with strategies to identify to identify gaps; need for links in; and more effective protection of natural, agricultural and open space resources and community character. The Town's zoning and land use regulations will also be evaluated to balance the complement of residential and non-residential uses permitted; and flexibility and usefulness for encouraging desired uses, needed housing and better design. The CPU objectives include a historic inventory; community mapping; and examination of local laws regarding effective recognition and protection of these resources. The CPU objectives include evaluation of Critical Environmental Areas (CEA) and Environmentally Significant Areas (ESA) regulation and monitoring; and making linkages with other protected resources. The project is located throughout the Town of Pawling, New York.

Contact: David Kelly, Town of Pawling, Town Hall, 160 Charles Colemant Boulevard, Pawling, NY 12564, Phone: (845) 855-4464, E-mail: dpkelly@pawling.org.

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