ENB - REGION 1 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Final Determination to Issue Prevention of Significant Determination (PSD) Permit

Applicant: Calpine Stony Brook Energy Center 2, Inc
2 Atlantic Avenue, 3rd Floor
Boston, MA 02110

Facility: Nissequogue Cogen Partners Plant

Application Number: DEC #1-4722-02441/00005

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 February 5, 2003 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 79.9 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 for 31 days through March 8, 2003. The only comments received on the draft PSD permit were from the New York Public Interest Research Group/Columbia Environmental Law Clinic. However, these comments were withdrawn in a subsequent letter from the New York Public Interest Research Group/Columbia Environmental Law Clinic dated March 24, 2003. Consequently, the Department did not incorporate any of the comments in the permit conditions, and did not need to prepare responses to public comments on the PSD notice. The applicant will receive a copy of the Permit.

Final Determination

The Department determined that the project will control emissions of PSD-affected air pollutants, in this instance only particulate matter, 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 immediately upon issuance of this notice of the Department’s final decision. Because no comments were filed on the draft PSD permit, and no changes were made between draft and final permit, no administrative appeal of this determination is available under 40 CFR Part 124.

For a copy of the final permit decision contact:
Kevin Kispert, Project Manager
Division of Environmental Permits
New York State Department of Environmental Conservation
625 Broadway, Albany, NY 12233-1750
518/402-9161


FINAL LIST - WATER QUALITY IMPROVEMENT PROJECTS UNDER THE CLEAN WATER/CLEAN AIR BOND ACT OF 1996

The New York State Department of Environmental Conservation ("NYSDEC"), as authorized by Title 3, Section 56-0303 of the Environmental Conservation Law, known as the 1996 Clean Water/Clean Air Bond Act, has compiled a final project list for the Long Island Sound using the project eligibility and ranking guidelines.

The NYSDEC, in cooperation with the New York State Departments of State and Agriculture and Markets, selected the Water Quality Improvement Projects listed in the charts below to be funded with 2001-02 and 2002-03 State capital appropriations under Title 3, Section 56-0303 of the Clean Water/Clean Air Bond Act of 1996.

The following types of Water Quality Improvement Projects were considered for funding: (1) wastewater treatment improvement projects; (2) agricultural and nonagricultural nonpoint source abatement and control projects; (3) aquatic habitat restoration projects.

Projects eligible to be funded are Water Quality Improvement Projects to implement management plans for the Long Island Sound.

The NYSDEC reviewed more than 700 Water Quality Improvement Project applications submitted statewide by municipalities, Soil and Water Conservation Districts, and State agencies. The list of projects to be funded have all of the characteristics listed below. The projects:

Management Plan: Long Island Sound

The highest priority identified in the Long Island Sound Comprehensive Management Plan is nitrogen reduction, by means of wastewater treatment, nonpoint source abatement and control, and aquatic habitat restoration. Secondary priorities are: habitat restoration, sediment remediation and storm water control, and combined sewer overflow abatement. The following projects are consistent with the priorities identified in the Long Island Sound Management Plan:

2001 WQI COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
4158 Nassau Construction of a Nitrogen Removal System and Associated Plant Improvements Port Washington Water Pollution Control District $22,732,042 $11,007,500
5008 Nassau Diversion of Discharges to Manhasset Bay from the Great Neck Wastewater Treatment Plants Great Neck Water Pollution Control District $18,073,000 $15,362,050
4154 Nassau Construction of a Nitrogen Removal Facility at the Oyster Bay Sewer District Wastewater Treatment Plant Oyster Bay Sewer District $3,505,000 $2,979,250
4008 Nassau Stormwater Recharge, Sedimentation Collection and Drainage Improvements (Little Neck Bay and Manhasset Bay) Village of Kings Point $380,300 $190,150
4192 Nassau Stormwater Treatment Project, County Outfall at Glen Cove Marina Nassau County Department of Public Works $60,000 $30,000
5269 Nassau Valentine Beach Non-point Source Pollution and Flood Control Village of Bayville $1,600,000 $800,000
4399 New York Ward's Island Water Pollution Control Plant (WPCP), Interim Plant Upgrading NYC Department of Environmental Protection $19,461,815 $16,542,543
5232 Queens Tallman Island Water Pollution Control Plant (WPCP), Interim Plant Upgrade, Phase 1 City of New York/ Village of College Point $250,000,000 $14,843,670
4423 Queens Bowery Bay Wetland Restoration NYC Department of Environmental Protection $260,044 $130,022
5102 Suffolk Suffolk County Sewer District No. 1 - Port Jefferson Wastewater Treatment Plant Reconstruction Suffolk County $10,763,000 $9,148,550
5106 Suffolk Suffolk County Sewer District No. 21- SUNY Nitrogen Removal and Groundwater Recharge Suffolk County $14,200,000 $12,070,000
4197 Suffolk Stormwater Abatement Activities at Flax Pond Woods Road, Crane Neck Road, and Old Field Road Village of Old Field $195,000 $48,750



The New York State Department of Environmental Conservation ("NYSDEC"), as authorized by Title 3, Section 56-0303 of the Environmental Conservation Law, known as the 1996 Clean Water/Clean Air Bond Act, has compiled a final project list for the New York Harbor Estuary using the project eligibility and ranking guidelines. This list was subject to a forty-five-day review and comment period by the appropriate management conference, advisory committee or advisory council prior to finalizing such list of projects. There were no recommended changes to the list of projects originally proposed.

The NYSDEC, in cooperation with the New York State Departments of State and Agriculture and Markets, selected the Water Quality Improvement Projects listed in the charts below to be funded with 2001-02 and 2002-03 State capital appropriations under Title 3, Section 56-0303 of the Clean Water/Clean Air Bond Act of 1996.

The following types of Water Quality Improvement Projects were considered for funding: (1) wastewater treatment improvement projects; (2) agricultural and nonagricultural nonpoint source abatement and control projects; (3) aquatic habitat restoration projects.

Projects eligible to be funded are Water Quality Improvement Projects to implement management plans for the New York Harbor Estuary.

The NYSDEC reviewed more than 700 Water Quality Improvement Project applications submitted statewide by municipalities, Soil and Water Conservation Districts, and State agencies. The proposed list of projects to be funded have all of the characteristics listed below. The projects:

During the comment period DEC shared the proposed list of projects for each Management Plan area with the appropriate committee coordinating the implementation for that Management Plan area. There were no recommended changes to the list of projects originally proposed.

Management Plan: New York Harbor Estuary

The New York Harbor Estuary Management Plan identifies aquatic habitat restoration, including sediment remediation, as the highest priority. A secondary priority is mitigation of impacts to resources caused by toxics, dredged material, pathogens, floatables and nitrogen.

2001 WQI COUNTY PROJECT NAME APPLICANT NAME ELIGIBLE BOND ACT COSTS BOND ACT FUNDS APPROVED
5270 Kings Hendrix Creek Wetland Restoration New York City $100,000 $50,000
5171 Queens Jamaica Bay Tidal Marsh Island Restoration NYSDEC $2,000,000 $1,000,000
4361 Queens Meadow Lake Water Quality and Habitat Improvement New York City Department of Parks $1,200,000 $600,000

Public Hearing

Suffolk County - A public hearing will be held by the Town Board of the Town of Southampton on April 22, 2003 at 7:00 p.m. at the Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against "A Local Law amending Chapter 330-10 Residence Districts, Table of Use Regulations in order to permit housing for agricultural labor in certain residential districts by special exception that have prohibited this type of housing with the Town of Southampton."


Negative Declaration

Nassau County - The New York State Department of Transportation (“DOT”), as lead agency, has determined that the proposed Shared-Resource Public Safety and Wireless Communications Facility will not have a significant adverse environmental impact. The action involves the replacement of an existing light pole with a 120-foot tall, multi-user, multi-purpose monopole. The facility will support the communications and monitoring equipment of the DOT and the ancillary antennas of Sprint Spectrum LP (“Sprint”) together with a related equipment shelter at the base thereof. The Intelligent Traffic System (“I.T.S.”) traffic monitoring cameras and communications equipment of the DOT will be installed at the very top of the monopole with the antennas and related equipment of Sprint placed on a platform immediately thereunder at 110 feet. The project is located on a parcel owned by the State under the jurisdiction of the DOT in the southwestern cloverleaf of the intersection of Sunrise Highway and Seaford-Oyster Bay Expressway, Town of Hempstead, Nassau County, New York.

Contact: Roger Chapman, Real Estate Officer, New York State Department of Transportation, Region 10, State Office Building, 250 Veterans Memorial Highway, Hauppauge, New York 11788, (631) 952-6089.


Positive Declaration

Nassau County - The Board of Zoning and Appeals of Incorporated Village of Lake Success, as lead agency, has determined that the proposed Application of the Korean Church of Long Island may have a significant adverse impact on the environmental and a Draft Environmental Impact Statement must be prepared. The lead agency intends to conduct a public scoping process, and the applicant will be requested to submit a Draft Scope. The project involves the Korean Church of Long Island proposing to construct a new 34,648-square-foot church and meeting hall with associated appurtenances on a 2.6±-acre parcel located at 69 North Service Road in the Incorporated Village of Lake Success. The project is located at 69 North Service Road (between Lakeville Road and Community Drive) Incorporated Village of Lake Success, Nassau County, New York.

Contact: Carol Pogrell, Incorporated Village of Lake Success, Village Hall, 318 Lakeville Road, Great Neck, New York 11020, phone: (516) 482-4411.


Notice Of Acceptance of Draft EIS And Public Hearing

Nassau County - The Planning Board of the Incorporated Village of Muttontown, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Hamlet Estates at Kirby Hill. A public hearing on the Draft EIS will be held on April 22, 2003 at 8:00 p.m. at the Muttontown Village Hall, 1763 Route 106, Syosset, New York. The action involves a subdivision of 148.48 acre parcel of land into 80 lots. The project is located on the eastern side of Kirby Lane.

Contact: Vivien Van Wagner, Village of Muttontown, 1763 Route 106, Syosset, NY 11791, phone: (516) 364-3476, fax: (516) 364-2031.


Nassau County - The Nassau County Planning Commission as agent for Nassau County Legislature, has accepted a Draft Environmental Impact Statement on the proposed Massapequa Preserve Streamflow Augmentation and Pond Restoration. A public hearing on the Draft EIS will be held April 14, 2003 at 7:00 p.m. at the Massapequa High School, 4925 Merrick Road, Merrick, New York. The Public Comment period ends ten days after the close of public hearing. The Massapequa Preserve is an approximately +423 acre Nassau County park and preserve located south of Bethpage State Park in the Town of Oyster Bay. This narrow parcel is fed by two branches of Massapequa Creek. The approximately 1.5 miles of creeks flow through three (3) ponds on their way to the +20 acre Massapequa Reservoir and the + 40 acre Massapequa Lake. Lowered groundwater elevations caused by the installation of sanitary sewers and increased groundwater withdrawals for public consumption have reduced stream flow, lowered pond and lake levels. This has negatively impacted the stream corridor. To counter this, Nassau County is proposing to augment stream flow by better management of storm water, making improvements to the streams and ponds and adding flow from the Sunrise Highway Infiltration Gallery wells. Nassau County anticipates that the proposed improvements will restore the wetlands and open water environments of the preserve for passive as well as active recreation and improve the eventual overflow discharge to the Great South Bay. The Liberty Industrial Finishing (Liberty), a USEPA Superfund site, is a 30 acre-former industrial park one-half (1/2) mile north of the Massapequa Preserve. Trace metals and organic compounds from the Liberty site have contaminated some sediments of the preserve. The USEPA, NYSDEC, Nassau County Department of Public Works and the Town of Oyster Bay will work together to determine the disposal location for contaminated sediments dredged from the streams and ponds of the preserve. The Massapequa Preserve extends approximately 4 miles south from Boundary Road north of the Southern State to Merrick Road and is immediately west of Lake Shore Drive, Massapequa, Nassau County, New York.

Contact: John C. Armentano, Nassau County Planning Commission, 1 West Street, Mineola, NY 11501, phone: (516) 571-5838, E-mail: john.armentano@mail.co.nassau.ny.us