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ENB Region 3 Completed Applications 11/21/2012

Dutchess County

Applicant:

New Hamburg Terminal Corp
157 West Main St
Wappingers Falls, NY 12590 -1521

Facility:

New Hamburg Terminal
17 Point St
New Hamburg, NY 12590

Application ID:

3-1346-00182/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Poughkeepsie, Dutchess County


Project Description:

DEC has issued a modified draft permit for the above-referenced facility. The modification is for the purpose of placing the permit on a valid five-year term after a period of expiration. This facility is a storage and distribution facility for # 2 household heating oil. It is located on the banks of the Hudson River, in the Town of Wappingers, Dutchess County. There are four major storage tanks, two with a nominal capacity of 298,000 gallons, one with a capacity of 503,000 gallons, and one with a capacity of 517,000 gallons. There is a loading rack for filling delivery trucks. Wastewater consists of stormwater within the secondary containment area, and from hydrostatic testing of the tanks. NY 010 1388

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 Dec 21, 2012.

Contact:

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


Applicant:

Ed Kading

Facility:

Darling Mine
St Rte 82 - W Side - S of Salt Pt Tpke
Stanfordville, NY 12581

Application ID:

3-1352-00035/00002

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Stanford, Dutchess County


Project Description:

The applicant is currently permitted to mine approximately 42-acres acres out of a total of 62 acres under their control. The applicant proposes to expand mining operations to include 0.25 acres of the property line buffer and 7.25 acres of the adjoining 15.75 acre property to the south at 5631 Route 82, owned by Keith Sartorini (P.O. Box 617, Bangall, NY 12506). The property is currently a mowed grassy field. Approximately 250,000 cubic yards of sand and gravel will be removed from within the proposed affected area. Excavated material will continue to be processed at the existing plant. Reclamation of the mined area will consist of grading the perimeter slopes and the mine floor, spreading of a minimum of 6 inches of topsoil, and reseeding with a grass seed mixture suitable for agricultural use. The stated reclamation objective is to return the affected area, particularly, the mine floor, to a condition suitable for grazing of farm animals.

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 performed.

SEQR Lead Agency: NYS Department of Environmental Conservation

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 Dec 21, 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:

Stephen Crevani

Facility:

Crevani Farms Exercise Arena
117 Dickerson Ave
Crawford, NY

Application ID:

3-3326-00182/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Crawford, Orange County


Project Description:

The applicant proposes to construct a 72 foot wide by 172 foot long pole barn/horse training arena located within a currently open/pasture area adjacent to an existing horse barn on the property. A portion of the structure will be constructed within the 100 foot adjacent area of Freshwater Wetland PB-19.

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 Dec 06, 2012.

Contact:

James J Eldred
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:

Kent Manor Sewer Corporation
C/O Whitney Singleton
120 Main St
Mount Kisco, NY 10549

Facility:

Kent Manor Condominiums
Nichols St - N Side
Carmel, NY 10512

Application ID:

3-3722-00041/00003

Permit(s) Applied for:

Article 17 Titles 7 & 8 P/C/I SPDES - Surface Discharge

Project is Located:

Kent, Putnam County


Project Description:

The Department of Environmental Conservation ("DEC") has made a tentative determination issue a modification to the Kent Manor Sewer Corporation's SPDES permit (the "Draft SPDES Permit") to increase the permitted flow for the Kent Manor wastewater treatment plant (the "Kent Manor WWTP") from the currently permitted 70,000 gallons per day ("gpd") to 103,200 gpd. This modification will allow the Kent Manor WWTP to accept wastewater from the proposed Kent Manor development and also from the Town of Kent Route 52 Sewer District.

The 2009 SPDES Permit
- In 2009, the Department issued a SPDES permit modification to the Kent Manor Sewer Corporation authorizing discharge from the Kent Manor WWTP of 70,000 gpd to an unnamed tributary to Palmer Lake (SPDES Number NY-0207322) (the "2009 SPDES Permit"). The 2009 SPDES Permit contained a phosphorus limit of 0.05 mg/l, the most restrictive permit limit for phosphorous applied in New York, including to all other facilities within the NYC watershed. The 2009 SPDES Permit also required Kent Manor Sewer Corporation to establish a fund not to exceed $200,000 for the purpose of funding Palmer Lake Total Maximum Daily Load ("TMDL") phosphorous load reductions, if the Department developed a TMDL analysis for Palmer Lake.

The 2012 Draft SPDES Permit -
The Draft SPDES Permit incorporates all current wastewater discharge standards and limitations. The phosphorus limit contained within the Draft SPDES Permit remains at 0.05 mg/l. This limit exceeds the limits set forth in the Department's Division of Water Technical and Operational Guidance Series ("TOGS") 1.3.6 "Phosphorous Removal Requirements for Wastewater Discharges to Lakes and Lake Watersheds" as well as the requirements of the New York City Watershed Rules and Regulations, both of which indicate that a wastewater discharge of 103,200 gpd require a total phosphorous limit of 0.5 mg/l. The Draft SPDES Permit contains a limit of 0.05 mg/l which is an order of magnitude more restrictive than the current DEC and New York City Department of Environmental Protection ("NYCDEP") requirements.

The increased flow (33,200 gpd) will be treated by the Kent Manor WWTP and be discharged with a phosphorus loading of 0.05mg/l. This will result in a phosphorus load of 5.1 lb/yr from the increased flows. The formation of the Town of Kent Route 52 Sewer District would divert wastewater flows from 13 existing septic systems within the Palmer Lake and Croton Falls watershed and thereby remove the phosphorus load from these septic systems. As indicated in the NYCDEP Variance, if each marginal to failing septic system contributes 0.5 lbs of phosphorus/year, 6.5 lbs of phosphorus would be removed. This results in a net reduction in phosphorus load of 0.6 lbs/year (6.5 1bs/yr removed - 5.1 lbs/yr from expanded flows = 0.6 lbs/yr) for the Palmer Lake and Croton Falls Reservoir watershed.

NYC DEP Approval For Expanded Flow
- The proposed expansion of the Kent Manor WWTP also requires the approval of the NYCDEP. On August 3, 2012, NYCDEP approved a variance under the Rules and Regulations for the Protection from Contamination, Degradation, and Pollution of the New York City Water Supply and Its Sources (Watershed Regulations) (the "NYCDEP Variance"). The NYCDEP Variance allows for the expansion of a previously approved surface discharging wastewater treatment plant (the Kent Manor WWTP) in order to accommodate: a) 41 currently developed parcels with a total flow of 30,000 gallons per day; b) certain undeveloped parcels in the Town of Kent that will be authorized to contribute up to 10,000 gallons per day; and c) a wastewater treatment plant owned and operated by Frangel Realty, LLP located in the Town of Kent, with an approved flow limit of 3,200 gallons per day. The Frangel Realty wastewater treatment plant, will be decommissioned, and its flow of up to 3,200 gallons per day will be directed to the Kent Manor WWTP.

The proposed expanded flow of 103,200 gpd from the Kent Manor WWTP is allocated as noted below:

Flow Component Description Quantity Regulatory Authorization
Kent Manor Development 60,000 gpd* 2006 POPP
Town of Kent - new development 10,000 gpd 2006 POPP
Town of Kent - existing development 30,000 gpd August 3, 2012 Variance from the NYC Watershed Regulations
Frangel Realty 3,200 gpd Existing SPDES permit

*The permit modification application does not include any revisions to the Kent Manor site plan except for a reduction in bedroom count to accommodate the reduced flow for the development (from 70,000 gpd to 60,000 gpd). The remaining 10,000 gpd of the flow authorized under NYCDEP's 2006 Phosphorus Offset Pilot Program approval will be allocated to the Town of Kent for potential new development or additional sewer connections within the Town.

One of the reasons supporting the NYCDEP Variance is that "the Town of Kent, via a comprehensive technical report, has demonstrated that the onsite conditions in the area where 41 developed lots that the Town has identified as currently served by marginal septic systems may currently be contributing to a release or discharge of inadequately treated sewage into the water supply, and that absent a variance, no other feasible method exists to treat this discharge. There is no land in this area that might be used for a community type treatment system due to the shallow depth to ledge, high groundwater and limited separation distances to wetlands and/or water resources. The technical report specifically identified those areas to be served, and analyzed the capacity of the soils in the area to provide adequate onsite treatment. The additional capacity at the Kent Manor WWTP will be only of a size sufficient to service this identified area."

NYCDEP determined that since the properties authorized to connect pursuant to the NYCDEP Variance and Frangel Realty are already developed, the expected increased nonpoint source load from the these additional properties that will contribute flow to the WWTP is zero. Therefore, NYCDEP determined that additional offsets by the applicant are not required under the Phosphorus Offset Pilot Program.

Palmer Lake TMDL
- Since issuance of the 2009 SPDES Permit, Palmer Lake has been added to the Department's 2012 NYS CWA Section 303(d) List. The List was approved by the U.S. Environmental Protection Agency on August 16, 2012. Palmer Lake is included in Part 3a of the List as a waterbody for which TMDL development may be deferred pending the verification of water quality impairment. The next step is for the Department to develop a TMDL to address the water quality issues identified within the watershed. The TMDL would identify causes and develop a strategy to address the identified water quality issues within Palmer Lake. This may include addressing existing potential sources such as stormwater runoff and septic systems within the Palmer Lake watershed. Furthermore, the Draft SPDES Permit still contains the condition that if an impairment is identified in Palmer Lake, Kent Manor is required to provide $200,000 to a Palmer Lake Restoration Fund to support implementation of activities identified in the TMDL. Kent Manor is required to fund $100,000 once the Kent Manor WWTP has been discharging for 1 year. An additional $50,000 shall be funded once the monthly average flow at the Kent Manor WWTP exceeds 52,500 gpd and the remaining $50,000 shall be funded once the monthly average flow at the Kent Manor WWTP exceeds 70,000 gpd.

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 performed.

SEQR Lead Agency: Kent Town Board

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 21, 2012.

Contact:

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


Ulster County

Applicant:

Missionary Sisters of the Sacred Heart
222 E 19th St Ste 5B
New York, NY 10003

Facility:

St Cabrini Home
US Rte 9W
West Park, NY 12493

Application ID:

3-5122-00088/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 P/C/I SPDES - Surface Discharge

Project is Located:

Esopus, Ulster County


Project Description:

DEC has issued a modified draft permit for the above-referenced facility. The modification is to 1.) place the permit on a valid five-year term after a period of expiration, 2.) to reclassify the permit as an 09 Significant Private/Commercial/Institutional permit, and 3.) to reflect an upgrade from sand filtration to rotating biological contact units. The permit authorizes a discharge of treated, sanitary waste in the amount of 22,000 gallons per day to the Hudson River. NY 010 0064

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 Dec 21, 2012.

Contact:

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


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