ENB Region 1 Completed Applications 03/27/2002
Region 1 SEQR and Other Notices Region 1 SPDES Renewals

ENB Region 1 Completed Applications 03/27/2002

Suffolk County
Applicant: Ocean Builders Inc
1 Carlisle Ln
East Islip, NY 11730-2227
Facility: Abbey Creek Estates
Hollins Lane And Starlight Drive Sctm# 500-398-2-60
East Islip, NY -
Application ID: 1-4728-03054/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Islip, Suffolk County
Project Description:
Applicant proposes to construct a subdivision roadway and drainage reserve area  directly adjacent to  NYSDEC regulated  freshwater wetland BE-31. The project is located on Suffolk Lane, East Islip.
State Environmental Quality Review (SEQR) Determination: Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
SEQR Lead Agency: None Designated
State Historic Preservation Act (SHPA) Determination: A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on 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 Apr 12 2002.
Contact: Kendall P. Klett
NYSDEC Region 1 Headquarters
SUNY @ Stony Brook Building 40
Stony Brook, NY 11790
(631)444-0365
kpklett@gw.dec.state.ny.us

Applicant: Frank Annibell
82 Tahlulah Lane
West Islip, NY 11795-
Facility: Annibell Property
82 Tahlulah Lane
West Islip, NY 11795-
Application ID: 1-4728-03103/00004
Permit(s) Applied for: Article 25 Tidal Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Excavation & Fill in Navigable Waters
Project is Located: Islip, Suffolk County
Project Description:
The applicant proposes to close in and fill a 17' x 30' boat slip and maintenance dredge a 4' wide x 105' long area along the face of the existing bulkhead to a depth of 4' below mean low water.  The applicant has a previous permit to allow replacement of the existing bulkhead.  The project is located on the Wagstaff Lagoon, 82 Tahlulah Lane, West Islip, SCTM # 477-100-86
State Environmental Quality Review (SEQR) Determination: Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
SEQR Lead Agency: None Designated
State Historic Preservation Act (SHPA) Determination: The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management: This project is located in a Coastal Management area and is 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 Apr 12 2002.
Contact: Roger Evans
NYSDEC Region 1 Headquarters
SUNY @ Stony Brook Building 40
Stony Brook, NY 11790
(631)444-0365
rxevans@gw.dec.state.ny.us

Applicant: Tosco Corporation
1400 Park Ave
Linden, NJ 07036-
Facility: Riverhead Terminal-Tosco Corporation
212 Sound Shore Rd
Riverhead, NY 11901-
Application ID: 1-4730-00023/00030
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Riverhead, Suffolk County
Project Description:
The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of Federal Clean Air Amendments and made a tentative determination to approve this application for the applicant's existing commercial  facility. -The Tosco Corporation- Riverhead Terminal- facility stores and distributes crude oils, gasoline, gasoline blendstocks, diesel fuel, distillate and residual fuel oils, No fuel oil is used or sold in New York State with Sulfur content greater than 1.5 weight percent. Products are stored in 20 tanks with tanks 1-5 and 9-13 being excluded from regulations.  Tanks 6-8 shall comply with Part 212 (General Process Emissions Sources) regulation.  If the stored fuel oil contains A-Rated chemical constituents. Tanks 14-19 and 21 have capacities between 250,000 and 580,000 barrels, are subject to 40 CFR 60 Subpart K,Kb (Standards of Performance for Volatile Organic Liquid, Including Petroleum Liquid, Storage Vessels) and 6 NYCRR Part 229 (Petroleum and Volatile Organic Liquid Storage and Transfer) regulations. The facility operates 3 steam boilers of 29 million Btu/hr each. The annual fuel oil consumption is limited to 2,400,000 gallons, each boiler is subject to an annual tune-up and stack opacity limitation. Shortly after the issuance of the Title V permit the owners/operators of the facility are required to test the boilers for particulate emissions as required by 6 NYCRR Part 227 regulation. Seven diesel engines rated between 335 and 425 hp are used for pumping fuel liquids between  onshore storage tanks and offshore loading/ unloading platform and barge pier. The Department granted variances for volatile organic compounds emissions from marine loading/unloading platform and nitrogen oxide emissions from Beach 1,2, and Section A diesel engine pump drives. The variances restrict marine loading of vessels to less than 5,000,000 barrels of petroleum products per year and diesel engine emissions below 10 grams per brake horsepower-hour to be re-evaluated yearly.

The application, draft permit, and relevant supporting materials and regulations are available for review during normal business hours at the Regional  DEC office provided in this notice.  Comments of support or objection may be made by filing a written statement by the deadline date indicated.  NYSDEC may schedule a public hearing based upon an evaluation of the nature and scope of any written objection raised.  Hearing notices will contain instructions on filing for party status and submitting comments.  In accordance with 6 NYCRR part 621.6(d)(9) and 201-6.4(c), the Administrator of the US Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V facility permit if it determined not to be in compliance with the applicable requirements of the Clean Air Act or 6 NYCRR 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.  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 application and the comments received on it 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
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: Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.
Coastal Management: This project is located in a Coastal Management area and is 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 Apr 26 2002.
Contact: Marilyn E. Peterson
NYSDEC Region 1 Headquarters
SUNY @ Stony Brook Building 40
Stony Brook, NY 11790
(631)444-0365
mepeters@gw.dec.state.ny.us

Applicant: Kings Park Energy LLC
11350 Random Hills Road
Suite 400
Fairfax, VA 22030-
Facility: Kings Park Energy
Townline Road North Of Peppermint Rd
Commack, NY -
Application ID: 1-4734-00333/00003
Permit(s) Applied for: Article 19 Air State Facility
Article 19 Title IV (Phase II Acid Rain)
Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Smithtown, Suffolk County
Project Description:
Project Description: The applicant, Kings Park Energy, LLC, proposes to construct and operate a gas-fired simple cycle electric power generation facility consisting of six General Electric (GE) LM6000 combustion turbine generators (CTGs), and associated balance-of-plant systems and facilities. The fuel will be natural gas with low-sulphur distillate oil (0.05 percent) backup under emergency conditions.  The nominal electric generating capacity of the proposed facility will be approximately 300 megawatts (MW). Suffolk County Water Authority, a public water supply company, will provide the 0.30 million gallons per day (MGD) on average required for the project.  Sanitary wastewater will be discharged to two on-site subsurface disposal systems. Stormwater runoff will be directed to on-site recharge basins and leaching pools/pits.  Process wastewater will be discharged to a holding tank and trucked off site for proper disposal at a Suffolk County wastewater treatment facility. The project site is on Town Line Road, south of Old Northport Road, in the Town of Smithtown, Suffolk County.

Pursuant to 6NYCRR Part 201, the Applicant has opted to obtain a State Facility preconstruction  permit and certificate to operate authorizing the contruction and operation of the Kings Park Energy facility prior to obtaining a Title V permit.

Pursuant to the Phase II requirements of Title IV of the Clean Air Act and 40 CFR §72.6(a)(3), DEC staff have also reviewed the Applicant's Acid Rain permit application included in the Air State Facility application, and has found it approvable.

Pursuant to ECL §170823, the Applicant has filed an application with the DEC for a SPDES wastewater discharge permit and a request for certification that its discharges will comply with the applicable requirements of the Federal Clean Water Act.

The Department has made a tentative decision to approve these permit applications. Application materials and the draft permits are available for review during normal business hours at the DEC Central Office (address and contact below),  at the libraries to which the Article X application was sent (Smithtown Library, Kings Park Branch Library, Commack Branch Library, Nesconset Branch Library, Commack Public Library, Northport Public Library, and East Northport Public Library), and at the NYS Department of Environmental Conservation, Region 1 Headquarters, Division of Environmental Permits, SUNY Bldg. 40, Stony Brook, NY 12750; contact: John Pavacic at (631)444-0365.

The Department will hold a hearing on these applications. Details regarding the draft permits and hearing on the permits can be found at www.dec.state.ny.us/website/ohms/notices/kingspark.htm
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: A cultural resources survey has been completed. The report of the survey is on file. No archaeological sites or historic structures were identified at 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 Apr 29 2002.
Contact: Kevin A. Kispert
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
kakisper@gw.dec.state.ny.us

Applicant: Islander East Pipeline Company LLC
PO Box 863
454 Main Street
Branford, CT 06405-0863
Facility: Islander East Pipeline
William Floyd Parkway
Brookhaven, NY -
Application ID: 1-4799-00052/00013
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Project is Located: Brookhaven, Suffolk County
Project Description:
The Islander East Pipeline Project will involve the construction of approximately 50.6 miles of new 24 inch diameter natural gas pipeline in Connecticut and New York. The pipeline is proposed to make landfall near Wading River, in the Town of Brookhaven and extend along the William Floyd Parkway and the south side of the Long Island Expressway to near LIE Exit 66, south of Yaphank.  A 5.6 mile, 24 inch diameter lateral extension is proposed  from Brookhaven to Calverton, in the Town of Riverhead.

The  facilities in New York, which are covered under this application for Water Quality Certification, consist of 11.9 miles of pipeline under Long Island Sound and 17.6 miles of pipeline on Long Island, a gas metering station, and associated valves and supporting facilities.

This project is undergoing review  under the National Environmental Protection Act (NEPA) and the Natural Gas Act by the Federal Energy Regulatory Commission, and is exempt from SEQRA.

Copies of this application and supporting documents are available for public review, by appointment, at the NYSDEC Regional Office,  Building 40, SUNY Stony Brook NY and at the NYSDEC Central Office, 625 Broadway, Albany NY
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 permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management: This project is located in a Coastal Management area and is 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 Apr 30 2002.
Contact: Kent P. Sanders
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
kpsander@gw.dec.state.ny.us

Region 1 SEQR and Other Notices Region 1 SPDES Renewals