ENB Region 4 Completed Applications 03/26/2003

Applicant proposes to remodel an existing dwelling located at 160 Lake Road, Town of Berne, Albany County, N. Y., in order to correct roof leaks, create a bedroom out of the existing attic and attach a single-car garage to the western side of the building.  A parking area will also be added.  The above work will take place within the adjacent area of Freshwater Wetland W-25 (Onderdonk Lake).

The applicant proposes to conduct a Conservation Reserve Enhancement Project.  This includes the installation of a concrete culvert in Tributary 90 of the West Branch of the Delaware River to replace an undersized culvert, realignment of 188 feet of stream channel to flow through the new culvert,  and fencing of livestock out of the stream.  The project is located on Clove Road 1/4 mile east  from its intersection with County Route 18.

The Department has received a State Facility application from Soil Recovery Corporation.  The applicant proposes to construct a covered storage/processing facility to treat non-hazardous petroleum contaminated soil  (pcs) that are contaminated with gasoline and/or diesel fuel from spill locations.  The final product will be cold mix asphalt meeting the NYS DOT specification section 302 bituminous stabilized course. The facility will be located on six acres within an existing 90 acre mine permitted to Peckham Materials, located off of Fyke Road, approximately two miles from NYS Route 23A in the Town of Catskill, Greene County.

The facility will consist of a soils management area, process area and treated material staging area.   The facility includes a screening operation, a pug mill for blending the soils with virgin stone product and asphalt emulsion, a feed bin, and input conveyor.

The applicant has also has applied for a Solid Waste Management permit (Public Noticed Previously) to process the nonhazardous petroleumcontaminated soils.

The facility is accepting a Federally enforceable cap on HAP emissions of  22.5 tons per year, and MTBE emissions of 10 tons per year.  The cap will keep this facility from crossing Title V permitting emission thresholds and allow them to operate under a State Facility Permit.  The permitee will be limited to receiving not more than 15, 055 tons of non hazardous pcs containing not more than 10,000 mg(gasoline)/Kg of soil, during any 12 month period.  Record maintenance and reporting is required to verify compliance with permit conditions and limits.   Persons wishing to inspect the subject 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 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 two 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 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 exists.  A copy of the Department’s permit hearing procedures is available upon request or on the Department’s web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.   The applicaation ID number 4-1926-00226/00002 is available for review at the Region 4 office.  The contact person is Wendy DuBois, NYSDEC, 1150 North Westcott Road, Schenectady, NY 12306-2014, telephone (518)357-2069.  Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft Permit.

The applicant proposes to conduct a wetland restoration project consisting of three impoundments.  Two of the impoundments will be excavated potholes, each being ~0.1 acres in size, and the third will have an earthen dike constructed and will form an impoundment ~4 acres in size.  The impoundments will be within Freshwater Wetland MI-13 and are intended to enhance the freshwater wetland area.  The project is located 0.34 miles southeast of the intersection of State Route 28 and Route 166, west of Peterson Road just south of the Village of Milford.