ENB - REGION 3 NOTICES

        
Completed Applications Consolidated SPDES Renewals
Public Notice

Applicant: Revere Smelting and Refining Corporation, RD 2 Ballard Road, Middletown, NY 10940.

Facility: Revere Smelting &Refining Corporation, RD 2 Ballard Road, Middletown, NY 10940

Application ID: 3-3352-00145/00049

Permit(s)Applied for: 1 - Article 19 Air Title V Facility

Project is Located: on Wallkill in Orange County

The Department has received a request by the New York Public Interest Research Group (NYPIRG) to reopen the public comment period on this application. NYPIRG representatives were unable to comment within the initial comment period because their offices were severely damaged as a result of the September11, 2001 World Trade Center attack. The original Notice appeared in the August 15, 2001 edition of the Environmental Conservation Bulletin (ENB).The Department made a final determination on this application to issue the permit on November 28, 2001. The grounds for reopening a permit are set forth in 6NYCRR 621.14 and 6NYCRR 201-6.5(i). At this point, the Department does not believe grounds exist to justify a reopening of this permit. The Department will, however, consider comments from any member of the general public whether such grounds exist. If the Department determines that a regulatory basis does in fact exist to reopen this permit, the procedures for Department-initiated modifications under 6NYCRR 621.14 or reopening under 6NYCRR 201-6.5(i) will be followed.

Revere Smelting and Refining, located in the Town of Wallkill in Orange County, operates a secondary lead smelter which includes process equipment such as kilns and a reverbatory furnace. This facility is classified as a major source for Lead, Sulfur Dioxide and Oxides of Nitrogen and is subject to 40CFR 63X as well as 6NYCRR 212.

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. It is recommended that an appointment be made to confirm the availability of the subject files. The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.

DEC will evaluate the comments received to determine whether to hold a public hearing. A public hearing may be legislative or adjudicatory. A legislative public hearing is a proceeding which provides an additional opportunity for public comment. DEC’s determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists. If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments. The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination. An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist. A copy of the Department’s permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.

In accordance with 6NYCRR Parts 621.5(d) and 201-6.4, 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 the applicable requirements of the Clean Air Act of 6NYCRR Part 201.

The Application, Draft Permit and Issued Permit are available for review at the Regional Office of the NYSDEC.

Availability for Public Comment: Comments on this project must be submitted in writing to the Contact Person no later than January 23, 2002.

Contact: Robert J. Stanton, NYSDEC, 21 South Putt Corners Road, New Paltz, New York 12561-1696, phone: (845) 256-3048.

Negative Declaration

Dutchess County - The County of Dutchess, as lead agency, has determined that the proposed submission of application and adoption of local law to revise the boundaries of the Poughkeepsie Dutchess Empire Zone by excluding unsuitable lands and adding other territory to the Empire Zone will not have a significant adverse environmental impact. The action involves the submission of application to the New York State Commissioner of Economic Development to revise the boundaries of the Empire Zone and the adoption of a companion local law, the effect of which will be to exclude certain unsuitable lands in the City of Poughkeepsie, the Towns of Poughkeepsie, Fishkill and East Fishkill, add other suitable lands within the Towns of Poughkeepsie, East Fishkill and City of Poughkeepsie, and add lands in the Town of Dover and the City of Beacon.

Contact: Roger Akeley, Commissioner of Planning and Development, 27 High Street, Poughkeepsie, NY 12601, phone: (845) 486-3600.


Dutchess County - The Village of Wappingers Falls Board of Trustees, as lead agency, has determined that the proposed Zoning Map Amendments will not have a significant adverse environmental impact. The action involves adoption of Zoning Map amendments in the Village of Wappingers Falls . These amendments implement recommendations for Zoning Map changes in the Village's adopted Comprehensive Plan. The recommendations were the result of a three year planning process that included a Public Opinion Survey, two planning workshops, numerous public informational meetings, and two public hearings. The Zoning Map amendments were reviewed and modified during that public participation process and are based on community consensus that emerged from that process. The project is located in the Village of Wappingers Falls.

Contact: Mary Ross, Mayor, 2628 South Avenue, Wappingers Falls, NY 12590, phone: (845) 297-5277.


Dutchess County - The Amenia Planning Board, as lead agency, has determined that the proposed Nextel of New York Wireless Communications Facility will not have a significant adverse environmental impact. The action involves Site Plan, Special Use Permit and area variance approval to allow the construction of a wireless communications facility for commercial wireless communications use in the Town's Agricultural Zoning District. The proposal includes construction of a 120 foot monopole, twelve panel antennas each measuring 48 inches high by 6 inches wide by 8.5 inches deep, a ten foot by twenty foot concrete pad on which a prefabricated equipment shelter would be placed, use of an existing drive, approximately 800 feet in length, which would be improved with a gravel surface and widened to twelve feet in width and would be used by the applicant to gain access to the tower location, and construction of two parking spaces. Space would be provided for an emergency services whip antenna, which may increase the proposed height by approximately 16 feet. The project is located on US Route 44, Town of Amenia.

Contact: Lana Anguin-Cohen, Amenia Town Hall, PO Box 126, Amenia, NY 12501, phone: (845) 373-8860.


Westchester County - The Westchester County Board of Legislators, as lead agency, has determined that the proposed Pagello Property Easement will not have a significant adverse environmental impact. The action involves the granting of an easement over a portion of Pocantico Lake County Park to an adjacent landowner in order to provide a permanent right of access to the landowner's residence. The proposed easement area will be 987 sq. ft. and will include a portion of an existing dirveway and a bridge, which crosses over Trout Brook. The project is located at Pocantico Lake Park, in the vicinity of 30 Pocantico Lake Road, Town of Mt. Pleasant.

Contact: Gina D'Agrosa, Director of Environmental Planning, 432 Michaelian Office Building, White Plains, NY 10601, phone: (914) 995-4422.


Westchester County - The Westchester County Board of Legislators, as lead agency, has determined that the proposed Graham Windham Property Acquisition will not have a significant adverse environmental impact. The action involves a joint acquisition with the Village of Hastings-on-Hudson to purchase a 14.25 acre parcel of land for park purposes from Graham Windham-Services to Children and Families. The property is located in the Village of Hastings-on-Hudson just north of the Yonkers border in an area of vacant land which slopes down to the Hudson River and is traversed by the Old Croton Aqueduck State Historic Park, Warturton Avenue, and the Metro North railroad tracks.

Contact: Gina D'Agrosa, Director of Environmental Planning, 432 Michaelian Office Building, White Plains, NY 10601, phone: (914) 995-4422.


Westchester County - The Westchester County Board of Legislators, as lead agency, has determined that the proposed construction of Wireless Communication Tower at Westchester County Department of Environmental Facilities Garage will not have a significant adverse environmental impact. The action involves the construction of a 150-foot high radio tower. The top section of the tower will be reserved by the County for its own use; the remainder of the tower will be leased to providers of cellular communications devices. Up to five tenants can be accommodated; four prospective tenants have been identified. The project is located at 3800 Crompond Road, Town of Yorktown.

Contact: Gina D'Agrosa, Director of Environmental Planning, 432 Michaelian Office Building, White Plains, NY 10601, phone: (914) 995-4422.

Positive Declaration

Orange County - The Town of Crawford Planning Board, as lead agency, has determined that the proposed Falvella “Winding Hill Woods” Subdivision – Major Subdivision may have a significant adverse environmental impact and a draft EIS must be prepared. The action involves a request for subdivision approval of 12 lots on an approximately 49 acre tract of land in the RA (residential-agricultural) zoning district in the Town of Crawford adjacent to the Town of Montgomery municipal boundary. The project site is currently vacant wooded land and contains areas of shallow soil over bedrock, steep slopes, and probable wetland areas associated with a watercourse near the Town of Montgomery border. The project includes a proposal to construct a town cul de sac road in order to serve the proposed lots. The project is located on the east side of Union School Road, rear of parcel forms boundary with Town of Montgomery boundary, south of NYS Route 17K, Town of Crawford.

Contact: Joan Kiselak, Planning Board Secretary, Town of Crawford Planning Board, Town Hall – Box 109, Pine Bush, New York 12566, phone: (845) 744-6454.

Notice of Acceptance of Draft EIS and Public Hearing

Orange County - The Town of Goshen Planning Board, as lead agency, has accepted a Draft EIS on the proposed Northern Recycling, Inc. Solid Waste Management Facility. A public hearing on the Draft EIS will be held on January 24, 2002. Comments will be accepted by the contact person until ten days after the close of the public hearing or February 4, 2002, whichever occurs last. The project involves the siting a solid waste management facility for processing, recycling and transfer of construction and demolition debris, municipal solid waste and recyclables to process a maximum of 170 tons per day of C&D debris and 70 tons per day of recyclables. This action will also include site plan review by the Town of Goshen Planning Board related to the operation of the solid waste management facility and expansion of the existing building used to process such municipal waste and C&D debris. The project is located on Hartley Road, Town of Goshen.

Contact: Hon. Frank Romano, Supervisor, Town of Goshen Town Board, Attn: Hon. Cecilia Walker, Town Clerk, PO Box 217, Goshen, NY 10924.

Notice of Acceptance of Draft EIS

Dutchess County - The Millbrook Central School District, as lead agency, has accepted a Draft EIS on the proposed new Senior High School, project number 13-22-01-04-0-031-001. The action involves construction of a new Senior High School on existing school district property. The new building is approximately 1122,000 square feet of gross floor area, on a footprint of approximately 70,000 square feet. Associated parking and bus loop roads will also be constructed. The project is located on Alden Place in the Village of Millbrook.

Contact: W. Michael Mahoney, Millbrook Central Schools, P. O. Box AA, Millbrook, New York 12545-0127, phone: (845) 677-4200.

Notice of Acceptance of Final EIS

Putnam County - The Town of Putnam Valley Planning Board, as lead agency, has accepted a Final EIS on the proposed Strawberry Knoll Subdivision. The action involves a preliminary subdivision approval for a 15 lot single family residential conventional subdivision on a 66 acre parcel of land, on the west side of Mill Street, near its intersection with Lovers Lane in the Town of Putnam Valley.

Contact: Putnam Valley Planning Board, c/o Vittoria Colesanti, Putnam Valley Town Hall, 265 Oscawana Lake Road, Town of Putnam Valley, NY 10579, phone: (845) 526-3740.