ENB - REGION 3 NOTICES

        
Completed Applications Consolidated SPDES Renewals
Notice of Final Determination to Issue Prevention of Significant Determination (PSD) Permit

Applicant: Mirant Bowline, L.L.C.
400 Rella Boulevard, Suite 157
Suffern, New York 10901

Application Number: DEC #3-3922-0003/00015
PSC Article X Case # 99-F-1164

Prior Public Notice

The Department of Environmental Conservation ("DEC" or "the Department") published a Notice of Intent to Issue Prevention of Significant Deterioration Conditions in the November 13, 2000 edition of the Environmental Notice Bulletin (and in local newspapers) stating that DEC had made a tentative determination that the proposed construction and operation of a 750 megawatt combined-cycle electric generating facility was subject to and satisfied federal requirements for Prevention of Significant Deterioration (PSD) contained in 40 CFR Part 52.21. The public comment period was open through December 14, 2000. Comments were received from Village of Haverstraw, County of Rockland and the applicant. The Department has incorporated some of the comments in the permit conditions and has prepared responses to public comment on the PSD notice, entitled Responsiveness Summary to Public Comment on the Mirant Bowline, L.L.C. Draft PSD Conditions (Responsiveness Summary), which is available upon request pursuant to this notice.

Final Determination

The Department has revised the draft PSD permit as detailed in the Responsiveness Summary. The Department determined that the project will control emissions of PSD-affected air pollutants with the Best Available Control Technology (BACT). The Department also verified that the emissions of these PSD-affected air pollutants will not cause or significantly contribute to the exceedance of National Primary or Secondary Ambient Air Quality Standards, and will not consume more than the allowable PSD air quality increments. Accordingly, a final PSD permit is being issued by DEC in accordance with 40 CFR Part 124 requirements. Pursuant to 40 CFR §124.15, the permit will become effective 33 days from the issuance of the Department’s final decision, barring any appeals.

Appeal Procedure

Pursuant to the Consolidated Permit Regulations found at 40 CFR §124.19, any persons or parties who filed comments on the draft PSD permit may petition the United States Environmental Protection Agency (USEPA) Environmental Appeals Board to review any condition of the permit decision. Any person who failed to file comments on the draft permit may petition for administrative review only on changes made from the draft to the final decision. Any such petition for review must be made within 30 days of service of notice of the final decision and shall include a statement of the reasons supporting that review and shall adhere to the standards outlined in 40 CFR §124.19(a)(1) and (2). All pleadings filed by mail must be addressed to the Environmental Appeals Board, MC 1103B, United States Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460.

Upon completion of any administrative review process by the Environmental Appeals Board, the final decision will become the final agency action and will be published in the Federal Register. In addition, those who appeal for administrative review may further petition for judicial review within 60 days of the Federal Register date.

For a copy of the final permit decision or additional information on the appeals procedure contact:

Richard Benas, Project Manager
Division of Environmental Permits
New York State Department of Environmental Conservation
625 Broadway, Albany, NY 12233-1750
518/402-9176


SERP Action - Draft Negative Declaration

Orange County Pursuant to the NYS Clean Water/Drinking Water State Revolving Fund and the State Environmental Quality Review Act, the Council of the City of Newburgh, as lead agency has determined that the construction of a 2.1 Mile Long Raw Water Transmission Main and Upgrade of the City's Drinking Water Filtration Plant will not have a significant adverse environmental impact. The project involves construction of a 2.1 mile long raw water transmission main from the Brown's Pond Reservoir and the NYC Catskill Aqueduct in the Town of New Windsor to the City of Newburgh Water Filtration Plant on Little Britain Road in the Town of Newburgh; construction of a pump station along the pipeline route and a water storage tank at the Filtration Plant, upgrade of the chemical and filtration systems at the Filtration Plant.

Contact: William F. Ketcham, City of Newburgh, City Hall, 83 Broadway, Newburgh, NY 12550, phone: (845) 569-7301, fax: (845) 569-7370, E-mail: ctymgr@hvc.rr.com


Negative Declaration

Dutchess County

Project Number: 3-1332-00252/00001

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

The NYS Department of Environmental Conservation (DEC), as Lead Agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared.

Name of Action: Upper Apple Lake Non-native Aquatic Plant Management Program

SEQR Status: Type 1

Description of Action: Lakeside Farms Associates, Inc. proposes to treat Upper Apple Lake (A.K.A. DeFlora Brother Lake) with aquatic herbicides to control the growth of non-native aquatic plants and algae. Upper Apple Lake is an 11-acre lake owned by Lakeside Farms Associates, Inc., which is also State-designated Freshwater Wetland No. HP-3 (Class II). The project involves the treatment of the entire lake with Sonar AS herbicide up to three times during a single growing season for the control of Eurasion watermilfoil (Myriophyllum spicatum). The application of Sonar AS is expected to occur during two growing seasons, spaced 2-3 years apart. The applicant also proposes to selectively treat the lake shoreline with the herbicide Rodeo to control purple loosestrife (Lythrum salicaria). Successive spot treatments of purple loosestrife with Rodeo are expected over a period of 3-4 years to achieve effective control in the treatment areas. The annual application of copper sulfate algicide is proposed within the lake to control nuisance algae blooms, as necessary.

Location: North side of Kipp Road, about 0.5 mile south of Primrose Hill Road, Town of Hyde Park, Dutchess County

Reasons Supporting This Determination

Contact Person: Scott E. Sheeley, 21 South Putt Corners Rd, New Paltz NY 12561-1696, phone: (845) 256-3050.


Conditioned Negative Declaration

Orange County - The Town of Wallkill Planning Board, as lead agency, has determined that the proposed Ashley Estates Lot Line Change will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves a lot line change between two parcels. The project is located on James Clark Drive/Howells Turnpike, Town of Wallkill.

The condition includes: comply with technical review comments of McGoey, Hauser and Edsall dated February 12, 2002.

Contact: Gary W. Lake, PO Box 398, Middletown, NY 19040, phone: (845) 692-7814, fax: (845) 692-2546.


Orange County - The Town of Wallkill Planning Board, as lead agency, has determined that the proposed Stone Ridge Mini-Mall will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves an addition of a drive-thru for existing bank in rear of building located in the HC zoned district. The project is located on Route 211 East, in the Town of Wallkill.

The conditions include: 1) comply with technical review comments of McGoey, Hauser and Edsall dated January 9, 2002; 2) review and approval of location of dumpsters; 3) lane behind rear of building to be made one-way traffic only.

Contact: Gary W. Lake, PO Box 398, Middletown, NY 19040, phone: (845) 692-7814, fax: (845) 692-2546.


Positive Declaration

Orange County - The Planning Board of the Town of Goshen, as lead agency, has determined that the proposed Afton Properties Subdivision may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves a 30-lot single family residential subdivision on a 153.8 acre parcel. The project is located in the Town of Goshen, Old Chester Road, approximately 1850 feet southeast of the intersection of South Street.

Contact: Ralph Huddleston, Town of Goshen Planning Board, P. O. Box 217, Goshen, New York 10924.


Notice of Acceptance of Draft EIS and Public Hearing

Rockland County - The Planning Board of the Village of Pomona, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Halley Estates ll Residential Subdivision. A public hearing on the Draft EIS will be held on March 20, 2002, at 7:30 p.m. at Pomona Village Hall, 55 Camp Hill Road, Pomona, New York. Comments on the DEIS will be accepted by the contact person until 10 days after the close of the SEQRA Public Hearing. The action involves a proposal to subdivide a 66.3-acre property into 40 single-family lots in a R-40 zone with associated infrastructure, roadways and stormwater management facilities. The project is located on Camp Hill Road, in the Village of Pomona.

Contact: Carolyn LaChiana, Pomona Village Hall, 50 Camp Hill Road, Pomona, New York 10970, phone: (845) 354-0545.