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ENB Region 3 Completed Applications 10/12/2011

Dutchess County

Applicant:

Nilo E Herrera

Facility:

Lazy H Farm
Grape Hollow Rd & Paine Rd
Holmes, NY

Application ID:

3-1322-00047/00003

Permit(s) Applied for:

Article 15 Title 5 Stream Disturbance

Project is Located:

Beekman, Dutchess County


Project Description:

The project sponsor proposes to excavate approximately 751.85 cubic yards of sediment from an instream pond located within Stump Pond Stream [Index # H-31-P44-23-P59-6-P63-1-P64F, Class B].

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:

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 Oct 27, 2011.

Contact:

Joseph R Murray
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us


Applicant:

Empire State Development Corporation
30 South Pearl St
Albany, NY 12245

Facility:

IBM East Fishkill Facility, Hudson Valley Research Park
2070 St Rte 52
Hopewell Junction, NY 12533

Application ID:

3-1328-00025/01028

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

East Fishkill, Dutchess County


Project Description:

IBM East Fishkill facility is engaged in the development and manufacture of semiconductors for the computer and electronic industries. The emissions of Oxides of Nitrogen (NOx),Volatile Organic Compounds (VOCs), and CO2e (including equivalents) are above major source thresholds as defined by the Federal Clean Air Act and therefore the facility is required to obtain a Title V permit.

Emission Unit A00001 consists of eight (8) 72 MMBTU/hr natural gas fired boilers with low NOx burners utilizing #6 fuel oil as a backup.

All tanks at the facility are exempt from 6 NYCRR 229 requirements pursuant to 6NYCRR 229.1(f)(1) or 6 NYCRR 229.1(f)(4) (horizontal petroleum or volatile organic liquid storage tanks).

The vertical tanks have conservation vents and are pressurized with nitrogen to prevent emissions of volatile organic compounds to the outside atmosphere. The nitrogen pressure system is monitored periodically to ensure the system is working properly. The manufacturing portion of the facility is subject to 6 NYCRR 212 regulations. Two Eisenmann Regenerative Thermal Oxidizers (RTOs) are utilized for the destruction of emissions from process J1, Casting in Building 330. Five Eisenmann Regenerative Thermal Oxidizers are used for the destruction of emissions from process 0WF, in Building 323 and building 323A. All RTOs have continuous monitors and data recorders to document combustion and exhaust temperatures. The continuous monitors must be operated at all times when the associated process equipment is operating except during any quality assurance, routine maintenance or RTO system malfunction. Each monitor must be operated according to a quality assurance program approved by the Department.

Three emission sources (Cold Cleaning Degreasers) in Emission Unit C00001, Process J1 (Casting in Building 330), are subject to 6NYCRR 226. The Solvent Metal Cleaning Process regulations detail general and operating requirements as well as equipment specifications.

The facility is subject to 40 CFR 68, Accidental release requirements for hydrogen and ammonia.

The facility is subject to 40 CFR 63 Subpart WWWWWWNational Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations.

The facility is subject to 40 CFR 98 Mandatory Greenhouse Gas Reporting. All sources of perfluorinated gases (F-gases) are equipped with point-of-use (POU) abatement. These POU abatement devices are maintained and operated per manufacturer specifications to destroy F-gases.

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 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 Nov 14, 2011.

Contact:

Densford D Escarpeta
NYSDEC Region 3 White Plains Sub-Office
100 Hillside Ave - Ste 1W
White Plains, NY 10603

r3dep@gw.dec.state.ny.us


Applicant:

Dutchess County
22 Market St
Poughkeepsie, NY 12601 -3222

Facility:

Dutchess Rail Trail
St Rte 82 @ Hopewell Jct to Morgan Lake Near Creek Rd Poughkeepsie - 12 Mi
Hopewell Jct to Poughkeepsie, NY

Application ID:

3-1399-00058/00006

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

East Fishkill, Dutchess County


Project Description:

The applicant proposes the renovation of an existing, abandoned rail bed into a shared-use path. This section, Phase IV, consists of the former rail line from Old Manchester Road in the Town of LaGrange to Overocker Road in the Town of Poughkeepsie and construction of a new access parking area off of Old Manchester Road in Lagrange. This renovation includes:

• Trail construction, including minor re-grading and placement of fill, within the 100-foot Adjacent Area (AA) of NYS wetland - PK-16 (Class 2) and repair to an existing culvert within the wetland. The proposal include 524 square feet (sq ft) of temporary wetland disturbance, 527 sq ft of permanent wetland disturbance, 8,331 sq ft of temporary AA disturbance, and 14,520 sq ft of permanent AA disturbance.

• Construction of a bridge over the Wappinger Creek, NYS Waters Index # H-101, Class B(t), including 26 linear feet of temporary disturbance and 50 linear feet of permanent disturbance to the bed and bank of the stream for conveyance of the rail trail.

• Construction of a bridge over the unnamed tributary of Wappinger Creek, NYS Waters Index # H-101-6, Class C(t), including 35 linear feet of temporary disturbance and 40 linear feet of permanent disturbance to the bed and bank of the stream, and 1,944 sq ft of temporary disturbance and 1,709 sq ft of permanent disturbance to wetlands under the jurisdiction of the Army Corp of Engineers to provide access parking and connection to the rail trail.

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: Dutchess County

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 Oct 27, 2011.

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


Orange County

Applicant:

A Lena Silk

Facility:

Silk Property (Sorrentino)
19 Old Quaker Hill Rd
Monroe, NY

Application ID:

3-3340-00271/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Monroe, Orange County


Project Description:

The project sponsor proposes to construct a single family residence on Old Quaker Hill Road just east of the Blooming Grove and Monroe town boundary. The lot will also include a driveway, onsite subsurface sewage treatment system (SSTS) and well. All structures with the exception of the SSTS will be constructed within the 100 foot Adjacent Area of NYSDEC Wetland MO-10.

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 Oct 27, 2011.

Contact:

Joseph R Murray
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us


Westchester County

Applicant:

Lafarge North America Inc
12950 Worldgate Dr Ste 500
Herndon, VA 20170

Facility:

Lafarge North America Inc - Buchanan
350 Broadway
Buchanan, NY 10511 -1010

Application ID:

3-5522-00087/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Cortlandt, Westchester County


Project Description:

The Lafarge North America, Inc (Lafarge), Gypsum Division Wallboard Plant (Plant) is located at 350 Broadway in the Village of Buchanan, New York. The industrial activity at the Plant (SIC 3275) is the manufacture of gypsum wall board. The site, which consists of approximately 40.77 acres of land, is boarded on the south by an abandoned quarry (pond), the Hudson River to the west, and to the north and northeast by the Indian Point Nuclear Plant.

Due to the industrial activities that take place on site, the Plant currently has a State Pollutant Discharge Elimination System (SPDES) permit for stormwater and sanitary discharges. The current SPDES permit NY0006645 for the Lafarge Gypsum Buchanan Plant became effective on 02/01/02, and has been administratively renewed on 07/29/05, 2/1/07.

The Department of Environmental Conservation has initiated a modification to the facility's SPDES permit, pursuant to 6NYCRR Part 750-1.18. In response to the Department's Request for Information (RFI) dated 1/31/2011, the facility provided a SPDES NY-2C permit application and sampling data for the Lafarge Gypsum Buchanan Plant on 3/14/2011. Sampling requested included conventional, 13 priority pollutants, total sulfates, Aluminum and Iron.

Lafarge North America Inc. entered into an Order on Consent on November 20, 2002, Case #R3-20020715-81 regarding solid waste, air quality, and water quality violations. Specifically, Section 703.5 of 6 NYCRR, Water quality standards for taste, color and odor-producing, toxic and deleterious substances, provides that the maximum allowable concentration of sulfates in groundwater not exceed 250,000 micrograms per liter (µg/L). The Order documented exceedance of this limit per Lafarge's April 1, 2002 annual progress report. Therefore, requirements of the Order included identifying all sources of sulfate groundwater contamination in excess of water quality standards for maximum allowable concentrations of sulfates in groundwater, a system to control runoff from all piles of gypsum material, and to plan and schedule for implementation. Potentially significant groundwater contamination sources identified included discarded gypsum wallboard, secondary material pile of previously screened/processed discarded gypsum wallboard material, and on-site areas where water may pool and pond in the presence of, or after exposure to calcium sulfate, particularly in the presence of a carbon source.

The SPDES NY-2C permit application sampling data submitted on 3/14/2011 included groundwater monitoring data. This data indicated that groundwater is still elevated in sulfates, and continues to exceed the Section 703.5 of 6 NYCRR, maximum allowable concentration of sulfates in groundwater, of 250,000 micrograms per liter (µg/L). Under the Best Management Practices (BMP) Plan, the facility must continue to indentify all sources of sulfate groundwater contamination in excess of water quality standards for maximum allowable concentrations of sulfates in groundwater, address these sources by BMP implementation, and submit an Annual Comprehensive Site Compliance Evaluation to the Department detailing an assessment of the effectiveness of the BMPs chosen to control the quality of the stormwater and groundwater discharges.

The facility is considered as a significant Industrial facility, Discharge Class 01. The submission of a monthly Discharge Monitoring Reports (DMR) is required.

Draft Permit Pages
• Permit pages and conditions reflect current Department guidance, format and nomenclature.

• Pages of (i) Permit Limits, Levels and Monitoring Definitions, (ii) Permit Limits, Levels and Monitoring, (iii) Discharge Notification Requirements, (iv)Industrial Best Management Practices (v) Compliance schedule (vi) Monitoring location (vii) Recording, Reporting

Draft Permit Limits, Levels and Monitoring:

The WQ engineer developed limits based on the monitoring results submitted:

• pH -The pH limit is based on water quality standards in 6 NYCRR Part 703.3

• Oil and Grease- The Oil and Grease limit is based on protection of the narrative water quality standard in 6NYCRR Part 703.2

•An interim Total Residual Chlorine limit of 2.0 mg/l is in effect until the disinfection system is upgraded to meet the final effluent limit of 0.15mg/l in accordance with the schedule of compliance in the permit.

• TSS-Total Suspended Solids limit is based on protection of narrative water quality standard in 6NYCRR Part 703.2

• NH3: Low Concentration of ammonia can be toxic to freshwater fish. In order to collect data, for future evaluation of the permit this parameter is included in the permit.

• Sulfates and Total Dissolved Solids: This is included in the permit to collect data and also to evaluate implementation of the recommended BMPs

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 Nov 14, 2011.

Contact:

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


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