ENB Region 1 Completed Applications 01/22/2003

The applicant proposes to reconstruct an existing bulkhead.  32 linear feet would be advanced seaward approximately 3 feet.  An additional 64 linear feet would be relocated approximately 3 feet landward , while the remaining 562 feet of bulkhead would be replaced within 18 inches seaward of the old structure.  The 3 foot relocations would result in a loss of 96 square feet of littoral zone and a gain of approximately 192 square feet.  The purpose of this activity is to align the various sections of bulkhead at this marina.  

The applicant proposes to: remove and replace, in-place but 18" higher, 60 feet of bulkhead; dredge 10 feet seaward of replacement bulkhead to a depth of three feet below mean low water and place resultant 25 cubic yards of spoil and 100 cubic yards of clean upland fill landward of replacement bulkhead filling approximately 480 square feet of SM/LZ wetland area of former boat railway/ramp covered by existing decking;replace 8' x 60' boardwalk;construct two-8' bulkhead returns. The facility is located at 943 South 5th Street, SCTM#103-23-2-25, Lindenhurst, Babylon Town, Suffolk County.

The applicant proposes to construct a single family dwelling, deck, sanitary system, pool with patio, gazebo, and driveway.  The proposed construction is landward of a dune and seaward of the coastal erosion hazard area boundary and the applicant has requested a 60 ft. variance from restrictions in 6NYCRR, Part 505, Coastal Erosion Management Regulations.  The project is located at Whalers Lane, Napeague, Town of East Hampton, County of Suffolk, SCTM No. 300-152-2-15.19 on the Atlantic Ocean.

The applicant proposes to construct a two story single family dwelling with deck, covered porch, driveway, and sanitary system within the 100 ft. adjacent area of Freshwater Wetland I.D. MP-25.  The property is located on the east side of Gilbert Road south of Gloucester Avenue, Montauk, Town of East Hampton, County of Suffolk, SCTM 300-19-7-44.12, Freshwater Wetland I.D. MP-25.

The Department has drafted a modification (Mod 1) to the initial Title V permit, pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and  made tentative determination to approve this application.  The Mod 1 entails replacement of existing auxiliary oil burners for each combustion train, which have surpassed useful operating life, with low NOx duel fuel auxiliary burners that are capable of firing No. 2 fuel oil and natural gas.  Either No. 2 fuel oil or natural gas will be used as auxiliary fuel during start-up, shut down, malfunction and upset conditions and during periods of high carbon monoxide emissions to achieve good combustion.  The new duel fuel auxiliary burners will be installed in the same location as the existing burners (i.e., radiant section of each boiler).

The facility was originally permitted under the federal regulations 40 CFR 52-A.21,the Prevention of Significant Deterioration (PSD) of air quality, Best Available Control Technology (BACT) reviews.  The facility is also permitted under the NYS regulations 6NYCRR Part 219 (Incorporators), Part 212 (Process), Part 225-1 (Fuel Sulfur) and federal regulations 40 CFR 60, Subpart Db.

The facility is required to comply with a Carbon Monoxide (CO) mass emission limit based on a 12-hour block average, using a continuous emission monitoring system.  This CO mass emission limit and averaging time will remain effective until a new federal Emission Guidelines 40CFR60, Subpart BBBB becomes effective in December 2005. Subpart BBBB will require the facility to comply with more stringent CO concentration limit based on a 24-hour block average.  The new burners will assist the facility in complying with both the existing and new CO limit ahead of the December 2005 schedule.  The replacement of the existing burners with the new dual fuel low NOx burners is, therefore, considered as a minor modification and cited as a Pollution Control Project on excluding the Mod 1 from PSD applicability.  The new burners will achieve good combustion during periods of high carbon monoxide emissions and no other collateral emission increase is anticipated.

Additionally, as a result of recent modification to permit structure and language for all Title V permits issued in New York State, a number of changes have been made in this permit modification related to citing general conditions.  The general conditions are now listed under the NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS section, as these are not subject to the annual compliance certification.

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(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.  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 requester 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.

Applicant proposes to construct a single family dwelling with associated pea-stone driveway and septic system within 72 feet of NYSDEC regulated freshwater wetland MT-13, with clearing to within 52 feet. Project is located on Duckwood Lane, Southport, Hampton Bays.

The applicant proposes to construct a 4-foot by 82-foot L shaped timber dock. Approximately 56 linear feet of the new dock will be constructed over an existing dilapidated dock.  The project is located at Bay Avenue on Marion Lake, Southold Town, SCTM #1000-31-10-15.