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ENB Region 5 Completed Applications 08/12/2015

Franklin County

Applicant:

Village of Tupper Lake
53 Park St
PO Box 1290
Tupper Lake, NY 12986 -0290

Facility:

Tupper Lake Sand Pit
Little Wolf Rd
Tupper Lake, NY 12986

Application ID:

5-1620-00008/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Tupper Lake, Franklin County

Project Description:

The applicant proposes to modify their permit by expanding an existing sand and gravel mine by 2-acres for a 6.2-acre life of mine, on a 9.95-acre parcel of land owned by the permittee. All 6.2-acres will be affected over the permit term. No processing is proposed. The project is located near Little Wolf Road in the Village of Tupper Lake, Franklin County. The project is also jurisdictional with the APA #P2015-105.

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:

Evaluation using a Structural-Archaeological Assessment Form or other information has concluded that the proposed activity will not impact 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 Sep 11, 2015.

Contact:

Erin M Donhauser
NYSDEC Region 5 Headquarters
1115 St Rte 86
Ray Brook, NY 12977
(518)897-1234
DEP.R5@dec.ny.gov


Applicant:

Village of Tupper Lake
53 Park St
PO Box 1290
Tupper Lake, NY 12986 -0290

Facility:

Tupper Lake WWTF
Water St
Tupper Lake, NY 12986

Application ID:

5-1620-00011/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Tupper Lake, Franklin County

Project Description:

The Department of Environmental Conservation (DEC) has prepared a draft permit and has made a tentative determination to issue a renewal to State Pollutant Discharge Elimination Systems (SPDES) permit (NY0029939) for the surface discharge of treated wastewater to Raquette Pond, a class B water.

Tupper Lake WWTF provide secondary treatment for a design flow of 4.5 MGD, and an organic design flow of 3.0 MGD. Current treatment includes: primary settling, primary clarigesters with anaerobic digestion, rotating biological contactors, and secondary clarifiers. Sludge is disposed of at landfill.

The following changes to the permit are proposed: New water quality-based limits for total residual chlorine, nitrogen (as NH3), copper, and zinc and more stringent percent removal requirements for total suspended solids; The disinfection season has been extended from 5/15 through 9/15 to 5/1 through 10/31 and combined sewer overflows Outfalls 003 and 004 have been reclassified as sanitary sewer overflows; Whole Effluent Toxicity testing action levels have been introduced as well as monitoring for dissolved oxygen; Forms have been updated incorporating the latest general conditions.

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 application type is exempt and/or the project involves the continuation of an existing operational activity.

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 Sep 11, 2015.

Contact:

Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov


Applicant:

County of Franklin Solid Waste Mgmt Auth
828 Co Rte 20
Constable, NY 12926

Facility:

CFSWMA Regional Solid Waste Disposal Fac
828 Co Rte 20
Constable, NY 12926

Application ID:

5-1699-00003/00019

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Constable, Franklin County

Project Description:

The Department has prepared a draft permit and made a tentative determination to issue a modification to Title V Permit for the county landfill. The current permit contains Prevention of Significant Deterioration (PSD) conditions regulating the emissions of greenhouse gases (GHGs); specifically carbon dioxide and methane. This modification removes those conditions. This is in response to the June 23, 2014 U.S. Supreme Court decision in "Utility Air Regulatory Group v. EPA".

DEC issued "Enforcement Discretion for State GHG Tailoring Rule Provisions" on October 15, 2014 stating:

...Therefore, in conformance with the Supreme Court's UARG decision, the DEC will no longer apply or enforce provisions of the State's PSD and Title V permitting regulations which, prior to the Court's UARG decision, required a source to obtain PSD or Title V permit based solely on its GHG emissions (also known as "Step 2" or "GHG-only sources"). In other words, a source will not be considered a "major stationary source or major source or major facility" under 6NYCRR 201-2.1(b)(21)(i) and (v) or trigger the major facility threshold or significant increase thresholds enumerated under 6NYCRR 231-13 Tables 5 & 6 for purposes of PSD or Title V permitting if the sole basis for becoming a major source or major modification would be a source's GHGs emissions.

There are no other pollutants with major source level potential emissions at the facility. The modification does not make any other substantive changes.

In accordance with 6NYCRR Parts 621.7(d)(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 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 application type is exempt and/or the project involves the continuation of an existing operational activity.

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 Sep 11, 2015.

Contact:

Erin M Donhauser
NYSDEC Region 5 Headquarters
1115 St Rte 86
Ray Brook, NY 12977
(518)897-1234
DEP.R5@dec.ny.gov


Washington County

Applicant:

Donald Davis

Facility:

Donald Davis Property
908 Chamberlain Mills Rd
Salem, NY 12865

Application ID:

5-5340-00015/00007

Permit(s) Applied for:

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

Project is Located:

Hebron, Washington County

Project Description:

In order to comply with the DEC Dam Safety program, the applicant proposes the permanent removal of the secondary spillway of the Chamberlain Mills Dam and the subsequent lowering of the ponded water level in the old mill pond upstream of the Tiplady Road crossing over Black Creek in the town of Hebron. Permanently lowering the impoundment will directly impact +/- 130 acres of DEC regulated Freshwater Wetland W-19 (class 2) and wetland adjacent areas. Routine operation and maintenance of the dam structure has resulted in much of this area being dewatered since Fall, 2012. Removal of the spillway will restore a more natural flow regime in Black Creek, and the adjacent wetlands, by allowing the creek to flow freely through the breach in the dam and reconnecting the previously inundated floodplains.

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:

Cultural resource lists and maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for 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 Aug 27, 2015.

Contact:

Beth A Magee
NYSDEC Region 5 Warrensburg Sub-Office
232 Golf Course Rd
Warrensburg, NY 12885
(518)623-1281
DEP.R5@dec.ny.gov


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