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ENB Region 3 Completed Applications 02/22/2017

Orange County

Applicant:

Genpak LLC
26 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 has made a tentative determination to renew the Title V Facility Permit for Genpak LLC. The facility manufactures polystyrene food trays and containers. Air emission sources at the facility include various storage silos, two repelletizers, four extruders, thermoformers, two printers, and a storage area for the foam sheets. The thermoformers, printers, and eleven of the storage silos are exempt from air permitting.

The facility's potential to emit volatile organic compounds (VOC) exceeds the major source threshold of 50 tons per year. Therefore, the facility is subject to the provisions of Title V permitting.

The facility is also subject to 6 NYCRR Part 212-3, which contains requirements for reasonably available control technology (RACT) for major facilities of VOC or oxides of nitrogen. These RACT requirements apply to the two repelletizers and two of the storage silos, because potential VOC emissions from each of these sources is more than 3.0 pounds per hour. Adequate emission capture and a thermal oxidizer are used as RACT.

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 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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Mar 24, 2017.

Contact:

Jeffrey C Lawyer
NYSDEC Region 3 Headquarters
21 S Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
DEP.R3@dec.ny.gov


Ulster County

Applicant:

David A Nyzio

Facility:

Nyzio Property
Old Rte 209
Stone Ridge, NY

Application ID:

3-5134-00122/00002

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Marbletown, Ulster County

Project Description:

The applicant proposes to construct a 120 foot portion of a gravel driveway to a new home within the 100 foot adjacent area of NYS Freshwater Wetland M-10 (Class II). The house, septic and leachfield system, and the remainder of the driveway will be located outside of the regulated area. The project is on Old Route 209, at the northeast corner of Kripplebush Road, and Route 209 in the town of Marbletown.

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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Mar 09, 2017.

Contact:

Michael V Grosso
NYSDEC Region 3 Headquarters
21 S Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
DEP.R3@dec.ny.gov


Applicant:

Watchtower Bible & Tract Society of NY Inc
25 Columbia Hts
Brooklyn, NY 11201 -2483

Facility:

Watchtower Bible & Tract Society
900 Red Mills Rd
Wallkill, NY 12589

Application ID:

3-5152-00026/02012

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Shawangunk, Ulster County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 360,000 gallons per day of water from on-site reservoirs for the purpose of potable water supply. The facility has been in operation since at least 1986. No changes in current operations from recent years are proposed.

The Department has determined that the facility is eligible for an Initial Permit under Section 15-1501.9 of the Environmental Conservation Law. Initial Permits are limited to existing facilities for existing water withdrawals over 100,000 gallons per day which were properly reported to the Department prior to February 15, 2012. Section 15-501.9 requires the Department to issue Initial Water Withdrawal Permits for the reported volume.

The Department has determined that the issuance of "initial permits" under ECL section 15-501.9 as implemented by 6 NYCRR 601.7 is a ministerial action and therefore subject to the Type II exemption set out in 6 NYCRR 617.5(c)(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 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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Mar 09, 2017.

Contact:

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


Westchester County

Applicant:

Boniello Land & Realty Ltd
165 Waccabuc Rd
Goldens Bridge, NY 10526

Facility:

Somers Crossing
Rte 100 adj to Towne Centre
Somers, NY

Application ID:

3-5552-00194/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Somers, Westchester County

Project Description:

The project sponsor proposes to construct 66 multi-family residential units and a 19,000 square foot neighborhood grocery store in association with the Town approved Somers Crossing Multi-family Residence Downtown Hamlet Zoning District. Project activities will disturb approximately 10,490 square feet (0.24 acres) of the state-regulated 100 foot Adjacent Area of DEC Freshwater Wetland F-1 (Class I), in order to construct a retaining wall, stabilized stormwater outfalls, and stormwater basins. In addition, the project will disturb approximately 0.01 acres of federal wetlands for the installation of utility lines (i.e. water and sewer).

The proposed development plan is supported by a SEQR Environmental Impact Statement (DEIS) that was accepted as Final (FEIS) on April 7, 2016 by the Town of Somers Town Board serving as SEQR lead agency.

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: Somerset Town Board

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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Mar 24, 2017.

Contact:

Joseph R Murray
NYSDEC Region 3 Headquarters
21 S Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
DEP.R3@dec.ny.gov


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