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ENB Region 3 Completed Applications 02/15/2012

Dutchess County

Applicant:

Town of East Fishkill
Town Hall
330 St Rte 376
Hopewell Junction, NY 12533

Facility:

E Vacation Dr Drainage
E Vacation Dr
East Fishkill, NY

Application ID:

3-1328-00445/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

East Fishkill, Dutchess County


Project Description:

The Town proposes to install nine (9) drainage structures and approximately 700 linear feet of associated piping within the Town's right-of-way on East Vacation Drive. The project will disturb approximately 0.1 acres of the 100 foot adjacent area of Freshwater Wetland HJ-9.

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 Mar 01, 2012.

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


Orange County

Applicant:

Genpak LLC
Republic Plaza
Middletown, NY 10940

Facility:

Genpak LLC Middletown Main Plant
26 Republic Plz
Middletown, NY 10940

Application ID:

3-3309-00064/00013

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Middletown, Orange County


Project Description:

The Department has prepared a draft permit and made a tentative determination to issue a Title V permit renewal for Genpak LLC. This facility manufacturers foam polystyrene food trays and containers. Air emission sources at the facility include storage silos, two repelletizers, four extruders, thermoformers, two printers, and a storage area for polystyrene sheets. The facility's potential to emit volatile organic compounds (VOC) exceed the major source threshold of 50 tons per year. Therefore, the facility is subject to the provisions of Title V permitting.

VOC emissions from each of the two repelletizers and one of the storage silos are greater than 3.0 pounds per hour. In accordance with 6NYCRR Part 212.10, the facility must comply with reasonably available control technology (RACT) requirements for VOC emissions from these sources. A thermal oxidizer is utilized to comply with these requirements.

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 Mar 16, 2012.

Contact:

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


Applicant:

Panattoni Development Company LLC
180 Raritan Center Pkwy Ste 103
Edison, NJ 08837

Facility:

Crossroads Distribution Center
Co Rte 99 Nw of Neelytown Rd & Beaver Dam Rd
Montgomery, NY

Application ID:

3-3342-00318/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Montgomery, Orange County


Project Description:

The applicant proposes a two-lot commercial subdivision on an approximately 110 acre site including the construction of a 455,053 square foot warehouse and distribution center, parking area, and loading docks for up to 100 commercial trailers on Lot #1; there are no improvements currently proposed for Lot #2. Construction of the access drive and a stormwater outfall will disturb approximately 4,157 square feet of the adjacent area of NYS-regulated freshwater wetland MB-1, Class II. No disturbance to the wetland is 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:

A draft environmental impact statement has been prepared on this project and is on file.

SEQR Lead Agency: Montgomery Town Planning 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 Mar 16, 2012.

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


Putnam County

Applicant:

Lyons Realty Company
3175 Rt 9
Cold Spring, NY 10516

Facility:

Lyons Ulmar Soil Mine
Us Rte 9 |1/2 Mile South of East Mountain Road North
Cold Spring, NY 10516

Application ID:

3-3726-00268/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 23 Title 27 Mined Land Reclamation
Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Philipstown, Putnam County


Project Description:

The applicant proposes to operate a soil mine on a 22.67 acre life of mine area, involving excavation of "run of bank" gravel consisting of sand and cobbles of varying sizes; construction of a new road to access the proposed mine site; and the construction of an outfall to Clove Creek, Class C(ts) from the proposed stormwater system. The mining is to be conducted using standard sand and gravel excavation methods, including the operation of a portable crushing and screening plant. An estimated 1,385,470 cubic yards of material will be removed over a period of approximately 30 years. The immediate reclamation proposed is forest.

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: NYS Department of Environmental Conservation

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 Mar 16, 2012.

Contact:

Daniel T Whitehead
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:

Genon Bowline LLC
140 Samsondale Ave
West Haverstraw, NY 10993

Facility:

Bowline 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 Title V permit renewal which incorporates operational details of the NOx RACT Plan/BART Determination and has made a tentative determination to approve the application for a Title IV Acid Rain permit for this facility. This facility consists of two multiple fuel-fired boilers rated at 5,546 MMBtu and 5,374 MMBtu. This facility also has a 615 KW emergency generator, several storage tanks for fuels, lubricating oils, and chemicals. Other sources include a boiler water treatment plant and a wastewater treatment plant. The facility is a major source for Oxides of Nitrogen, Sulfur Dioxide and Particulates/PM10/PM2.5.

By July 1, 2014 average emissions from Bowline Units 1 and 2 shall comply with an emission limit of 0.15 pounds per million british thermal units (#/MMBtu) while such units are fired with natural gas, as measured on a 30 day rolling average period for the non-ozone season and a 24 hour calendar day average period for the ozone season, excluding start-up and shut-down periods.

By July 1, 2014 average emissions from Bowline Units 1 and 2 shall comply with 0.25 #/MMBtu while such units are fired with oil, as measured on a 30 day rolling average period for the non- ozone season and a 24 hour calendar day average period for the ozone season, excluding start-up and shut-down periods.

Beginning July 1, 2014 GenOn shall limit oil firing to no more than 3.1 million barrels during the ozone season (May 1 through September 30) and 4.6 million barrels during the non-ozone season (October 1 through April 30).

The limit for oil and gas dual fuel firing periods will be heat input weighted between 0.15 #/MMBtu and 0.25 #/MMBtu. GenOn shall install or optimize equipment for compliance with the above emission rates.

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 Mar 16, 2012.

Contact:

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


Multiple Counties

Applicant:

NYS Dept of Transportation
50 Wolf Rd
Albany, NY 12232

Facility:

Tappan Zee Br (Rockland-Westchester)
NYS Thruway Over Hudson River
Grandview & Tarrytown, NY

Application ID:

3-9903-00043/00011

Permit(s) Applied for:

Article 11 Endangered/Threatened Species (Incidental Take)

Project is Located:

Orangetown, Multiple Counties


Project Description:

The NYS Department of Transportation proposes to conduct a Pile Installation Demonstration Project (PIDP) in the Hudson River adjacent to the Tappan Zee Bridge. The PIDP will entail installation of seven piles at four locations across the river. In addition, up to 75 shorter, two-foot diameter piles will be installed; these will support six frames for the pile load tests. The test piles will have the following diameters: five four-foot diameter piles; one eight-foot diameter pile; and one 10-foot diameter pile. Total pile driving time is less than 23 hours for the seven driven test piles and 94 hours to vibrate in the 75 smaller piles. The Department has determined that the proposed pile driving is likely to result in the incidental take of Shortnose Sturgeon (Acipenser brevirostrum), which is on New York's list of endangered species, as identified in 6 NYCRR Part 182. Pursuant to Section 182.11 of the same regulations, a permit is required for the fish taking.

Availability of Application Documents:

Application documents are available for inspection during normal business hours at the addresses below. An appointment should be made with the listed contact person beforehand.

John J. Ferguson
NYS Department of Environmental Conservation
Division of Environmental Permits, 4th Floor
625 Broadway, Albany, NY
518-402-9167

Daniel Whitehead
NYS Department of Environmental Conservation
Division of Environmental Permits
21 South Putt Corners Road
New Paltz, NY 12561
845-256-3054

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 Mar 01, 2012.

Contact:

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


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