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ENB Region 3 Completed Applications 09/18/2013

Dutchess County

Applicant:

Northwest Farms Inc
Attn Ian Holback
797 Berkshire Rd
Wingdale, NY 12594

Facility:

Northwest Farms Mine
Bog Hollow Rd & St Rte 22
Amenia, NY 12501

Application ID:

3-1320-00030/00011

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Amenia, Dutchess County

Project Description:

The permittee seeks to expand the approved life of mine boundary area by 3.5 acres, re-affect approximately 1.4 acres of previously reclaimed land, and increase the size, by approximately 0.5 acres, of the previously-approved, existing pond which is located in the southern portion of the site. The site is currently permitted to mine a maximum of 33.5 acres of a 98.25-acre total approved life of mine boundary area, which is situated on 198 acres controlled by the permittee.

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:

Based on the information provided in cultural resources survey reports for this project, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have an impact on registered or eligible archaeological sites or historic structures. Measures have been undertaken in consultation with OPRHP to avoid or mitigate impacts to registered or eligible resources. These agreed upon measures conclude the SHPA review.

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 18, 2013.

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


Applicant:

Palumbo Sand & Gravel Co Inc
Rt 22
Dover Plains, NY 12522

Facility:

Sherman Hill Rd Site
Rte 22 at Sherman Hill Rd
Dover Plains, NY 12522

Application ID:

3-1326-00031/00002

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Dover, Dutchess County

Project Description:

The Palumbo Sand and Gravel Company has a Mined Land Reclamation permit from the NYS DEC to mine and process sand, gravel and clay from within an 87.5 acre life of mine boundary located on approximately 155 acres. The permittee proposes to modify the mining permit to allow an increase in size of an 18 acre pond, currently approved for excavation, by 3 acres. Expansion will allow for excavation and removal of approximately 150,000 cubic yards of additional material as excavation of the pond continues into those areas and final grades and elevations are reached. The modification is a continuation of existing approved mining activities and methods to excavate below groundwater in order to mine from 30 to 55 feet below the current mine floor. The majority of the 21 acre pond area would remain a minimum distance of 200 feet from the east bank of the Swamp River with a small section of the western portion of the pond expansion being approximately 150 - 160 feet from the river bank. The entire pond and expansion is within the existing mine limits east of the Swamp River.

There are no other changes to the mining activities or operations as currently approved and authorized under the DEC mining permit or to the reclamation objective which continues to be creation of open space including a pond.

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 Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.

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 18, 2013.

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


Orange County

Applicant:

Ball Corporation
9300 West 108TH Circle
Broomfield, CO 80021 -3682

Facility:

Ball Metal Beverage Container Corp
95 Ballard Rd
Middletown, NY 10940

Application ID:

3-3352-00039/00029

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Wallkill, Orange County

Project Description:

The Department has prepared a draft permit and has made a tentative determination to issue a Title V Permit renewal for Ball Metal Beverage Container Corporation. The facility manufactures two piece aluminum beverage cans. Air emissions are generated from the cutting and forming of the can bodies and from coating and decorating processes. Potential emissions of volatile organic compounds are above major source thresholds as defined in 6NYCRR Part 201-2, and therefore, the facility is subject to Title V requirements.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.3(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 the comments received on it to determine whether to hold a public hearing. Comments and requests for a 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 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 Oct 18, 2013.

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


Ulster County

Applicant:

Richard / Bette Merrill

Facility:

Merrill Property
83 Cotter Rd
Plattekill, NY

Application ID:

3-5142-00154/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Plattekill, Ulster County

Project Description:

The applicant is proposing the reconstruction/rehabilitation of an existing drive to access the site of a proposed single-family residence. The proposed work on the drive will create 8,571 square feet of disturbance to the regulated 100 Foot Adjacent Area of NYS Freshwater Wetland CD-31, Class 2.

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 Oct 03, 2013.

Contact:

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


Applicant:

Town of Rosendale
Main St PO Box 423
Rosendale, NY 12472 -0423

Facility:

Binnewater Dam
W of Binnewater Rd
Rosendale, NY

Application ID:

3-5146-00109/00001

Permit(s) Applied for:

Article 15 Title 5 Dam
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Rosendale, Ulster County

Project Description:

The applicant proposes decommissioning Binnewater Road Dam, NYSDEC Site ID 193-4813,which is 800 feet north of the NYS Route 213 and Binnewater Road intersection, and which forms unnamed pond H-139-14-5-P768 [NYSDEC Index, Class C] within Rondout Creek tributary H-139-14-5 [NYSDEC Index, Class C]. The decommissioning plan will consist of controlled drain of the pond and construction of a permanent stream channel to the west of the existing dam. The dam itself will be maintained except for a small portion of its western edge, due to its location within the Snyder Estate Natural Cement Historic Site, in order to preserve its historic features.

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: Rosendale 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 Oct 03, 2013.

Contact:

Jean V McAvoy
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:

Tom Meyer

Facility:

Bedford Center Rd Pond
333 Bedford Center Rd
Bedford Center, NY

Application ID:

3-5520-00282/00001

Permit(s) Applied for:

Article 15 Title 3 Aquatic Pesticides
Article 24 Freshwater Wetlands

Project is Located:

Bedford, Westchester County

Project Description:

The applicant proposes to treat a Class C, unnamed pond (tributary to Stone Hill River, NYS Waters Index # H-31-P44-36-6-2-P44n) with the aquatic pesticide Cutrine Plus (active ingredient elemental copper, 9%). The treatment area is wholly within NYS freshwater wetland K-5 (Class 1). Three areas totaling 3.75 acres will be treated for the control of algae.

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: NYS Department of Environmental Conservation

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 Oct 18, 2013.

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


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