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ENB - Region 4 Notices 8/24/2016

Notice of Completion of Draft Environmental Impact Statement (Draft EIS), Notice of Complete Applications, Notice of Public Comment Period and Notice of Legislative Public Comment Hearing

DEC Application Numbers:

4-0126-00033/00001 (Solid Waste Management)
4-0126-00033/00009 (Air Title V)
4-0126-00033/00019 (Freshwater Wetland/Water Quality Certification)


Town of Colonie, 347 Old Niskayuna Road, Latham, NY 12110

Project Title:

Colonie Landfill - Area 7 Development

Permits Applied for:

6 NYCRR Part 360 (Solid Waste Management)
Title 6, Part 200 (Air Title V)
Article 24 (Freshwater Wetland)
Article 15 (Water Quality Certification)

SEQR Lead Agency:

New York State Department of Environmental Conservation (NYS DEC)

A Draft Environmental Impact Statement (DEIS) has been prepared by the applicant for this action and has been accepted by the Lead Agency for the purposes of public review and comment.

Project Description:

The Town of Colonie, as the owner of the Colonie Landfill at 1319 Loudon Road, Town of Colonie, and Capital Region Landfills, Inc., operator of the landfill, are seeking the necessary permits to develop approximately 132 acres of land (referred to as Area 7) within the existing 212 acre landfill site as new landfill space. The project would impact approximately 1.43 acres of federal wetlands and 1.33 acres of the 100 foot buffer area of state wetland TN-10.

NYS DEC has prepared a draft permit and has made a tentative determination to issue an Air Title V permit for this action. 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:

Statutory and Regulatory Provisions:

These applications were filed and reviewed pursuant to Environmental Conservation Law ("ECL") Article 3, Title 3 (General Functions), Article 8 (State Environmental Quality Review), and Article 70 (Uniform Procedures), and pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6NYCRR) Part 617 (State Environmental Quality Review), Part 621 (Uniform Procedures), and Part 360 (Solid Waste Management).

Public Hearing and Written Comment Period:

All persons, organizations, corporations or government agencies which may be affected by the proposed project are invited to comment on the applications.

A Legislative Public Comment Hearing on the applications will be held to receive unsworn statements from the public on Tuesday, September 20, 2016, at 6:00 p.m. at the Shaker High School auditorium, located at 445 Watervliet Shaker Road, Latham, NY.

All persons having an interest in this project are urged to attend or be represented either individually or collectively. It is not necessary to file a written request in advance to speak at the legislative hearing. Written statements and comments on the application are encouraged, and any statements and comments may be filed prior to, or at the hearing, but no later than the deadline for written comments, which is Friday, October 7, 2016. Written comments must be submitted to the attention of: Angelo Marcuccio, NYS DEC - Region 4 Office, Division of Environmental Permits, 1130 North Westcott Road, Schenectady, NY 12306. The Administrative Law Judge (ALJ) may limit the time available for oral comments to 3 minutes per person to ensure that all persons have an opportunity to be heard.

This hearing location is reasonably accessible to persons with a mobility impairment. Translator services shall be made available, at no charge, upon written request to the ALJ. All requests must be made to the NYS DEC Office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550, Phone: (518) 402-9003. The request must be received no later than 4:00 p.m. on September 14, 2016. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above by September 14, 2016.

Following the hearing, NYS DEC will make a determination on whether substantive or significant issues have been raised as defined in 6 NYCRR Part 621 Uniform Procedures, and an Adjudicatory Public Hearing should be scheduled before an Administrative Law Judge. In order to raise substantive and significant issues, written comments expressing objections to or opposition to the application must explain the basis of that opposition and identify the specific grounds which could lead NYS DEC to deny or impose significant permit conditions on the project.

A copy of NYS DEC's permit hearing procedures is available upon request or on the NYS DEC web site at:

Document Availability:

The permit application documents and the Draft Environmental Impact Statement (DEIS) for this project are available for review at the following locations:

On the internet at:

NYSDEC - Region 4 office
1130 North Westcott Road
Schenectady, NY 12306
Attention: Angelo Marcuccio
Phone: (518) 357-2446

Colonie Town Library
629 Albany Shaker Road
Loudonville, NY 12211

Colonie Town Clerk
Memorial Town Hall
534 Loudon Road
Newtonville, NY 12128

Town of Waterford
Town Clerk
65 Broad Street
Waterford, NY 12188

Town of Halfmoon
Town Clerk
2 Halfmoon Town Plaza
Halfmoon, NY 12065


Angelo Marcuccio
NYS DEC - Region 4 Office
Division of Environmental Permits
1130 North Westcott Road
Schenectady, NY 12306
Phone: (518) 357-2446

Negative Declaration

Greene County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Ashland Sand and Gravel Mined Land Permit Modification will not have a significant adverse environmental impact. The action involves a proposed mining permit renewal and modification to add 1.91 acres to the current life of mine, resulting in a 49.07 acre life of mine. The 1.91 acre modification area consists of two existing haul road switchbacks that were constructed slightly outside the previously approved life of mine. The project is located in the Town of Ashland, New York.

Contact: Kristy E. Primeau, NYS DEC - Region 4 Office, Division of Environmental Permits, 1130 North Westcott Road, Schenectady, NY 12306, Phone: (518) 357-2069, E-mail:

Rensselaer County - The Village of Nassau Village Board, as lead agency, has determined that the proposed Village of Nassau Master Plan will not have a significant adverse environmental impact. The action involves the adoption of a Master Plan (or Comprehensive Plan) for the Village of Nassau. The Master Plan promotes public health and safety, historic integrity, and a high quality of life for the Village and its residents by establishing recommendations for regulations, standards, and subsequent actions that will control land use and development within the Village. The plan itself does not change zoning or authorize specific development/construction projects. The project is located throughout the Village of Nassau, New York.

Contact: Robert Valenty, Village of Nassau, 40 Malden Street, Nassau, NY 12233, Phone: (518) 766-3044, E-mail:

Rensselaer County - The Town of East Greenbush Planning Board, as lead agency, has determined that the proposed Regeneron Parking Garage will not have a significant adverse environmental impact. The action involves the construction of a 600 car parking garage located at 25 Discovery Drive in the Town of East Greenbush, New York. The parking garage replaces an existing approved surface parking facility intended to serve an approved office building currently under construction within the Regeneron Pharmaceutical Campus.

Contact: Antonio Manfredi, Town of East Greenbush, 280 Columbia Turnpike, Rensselaer, NY 12144, Phone: (518) 694-4011.

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    Albany, NY 12233-1750
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