ENB Region 3 Completed Applications 04/30/2003

The applicant proposes to construct a 35 lot subdivision known as Somerset Crossing Phase II on 121 acres.  The project includes the construction of a road with a Cul-de-Sac through  Freshwater Wetland HJ-54 (Class I).  Approximately 0.25 acres of wetland will be filled. Mitigation for this fill will be the creation of approximately 0.5 acres of Freshwater Wetland on site.  The site is located on the west side of Brookside Drive and the southwest side of Hosner Mountain Road.  The project also requires coverage under DEC's Stormwater SPDES General Permit for Construction activities.  DEC has reviewed a proposed Stormwater Pollution Prevention Plan and determined that it demonstrates compliance with the General Permit.  

The Department has made a tentative determination to approve this application for a permit to discharge up to 1,500 gallons of treated sanitary wastewater per day to an unnamed tribuary of the Wallkill River (DEC Water Index No. H-139-13-44-1;  Class C). The project involves the replacement of a failing subsurface septic system located at the southwest corner of NYS Rte. 207 and Orange Co. Rte. 53.  The permittee will be required to maintain records and report data to verify compliance with the permit conditions and discharge limits.  A draft permit is available for review at the NYSDEC Region 3 office.

The applicant proposes to construct two driveway crossings of State-designated Freshwater Wetland No. WD-24 (Class II) and two class B tributaries of Tin Brook.  The project site is a 31-acre parcel of land located on the west side of Old Coldenham Road, approximately 0.75 mile north of the intersection with NYS Route 17K.  The project will result in the disturbance of the  wetland and regulated 100-foot adjacent area of approximately 0.2 acre and 0.3 acre, respectively.  To mitigate wetland impacts, the creation of approximately 0.2 acre of additional wetland area on the property is proposed.

    The Department has prepared a Draft Permit Modification pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the Applicant's facility.

    Warex Terminals Corporation operates the North Terminal located in New Windsor, Orange County, New York.  This facility is engaged in the receipt, storage, blending and distribution of petroleum products and operates 24 hours per day.  The Standard Industrial Classification Code for this facility is 5171 - Petroleum Bulk Storage Terminal. The facility operations include (3) Plants with a total of ten (10) above ground storage tanks of various sizes. Three (3) Loading Rack areas are used to transfer petroleum products from the tanks to the trucks.

    The vapors from the loading of gasoline into the storage tanks and trucks is controlled by a Vapor Combustion Unit.  The loading of the distillates are not required to be controlled.  The facility potential air emissions for  Volatile Organic Compounds (VOC) exceed the Major Source Pollutant Threshold listed in 6NYCRR 201-6.  Therefore, the facility is subject to the provisions of  Title V.  The facility has been, and continues to be, capped below the applicability threshold of the federal NESHAP rule for Gasoline Distribution, 40 CFR63Subpart R.

    This modification to the Warex North Terminal Title V permit seeks to do three things:

    1) Synchronize the various recordkeeping and reporting requirements to a calendar year basis rather than having some of them based on the anniversary of the permit's issuance,

    2) Correct the limit on the sulfur allowed in distillate fuels distributed for the facility,

    3) Increase the gasoline throughput limit from 190,000,000 gallons per year to 250,000,000 gallons per year.  Warex has submitted calculations showing that the associated emission increases do not trigger any additional requirements. Specifically, the factor calculated in 40CFR 63 Subpart R from a number of parameters including gasoline throughput, remains in the range between 0.5 and 1.0.  The difference between the facility's past actual emissions and the new maximum annual potential for volatile organic compounds (VOC) is less than the significant source project threshold of 40 tons per year as defined in Subpart 231-2, New Source Review in Non-attainment Areas and Ozone Transport Regions.

    By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.

    In accordance with 6NYCRR Parts 621.5(d) and 201-6.4, 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 incompliance with the applicable requirements of the Clean Air Act of 6NYCRR Part 201.

    The Application and Draft Permit are available for review at the Regional Office of the New York State Department of Environmental Conservation.

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 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

This is a re-notice of a Public Notice that was originally published on February 5, 2003 in this Department's Environmental Notice Bulletin (ENB) and during that same week in a newspaper of local circulation.  The only revisions to the original Notice are the following two items:

First, the time period for public comment on the SPDES permit allows for 30 days as required by Environment Conservation Law: and

Second, in accordance with a Judgement by the State Supreme Court  of the State of New York, Westchester County, issued March 6, 2003 the Town of Southeast Planning Board, as Lead Agency, reviewed the project revisions & the SEQR record and formally determined in a resolution dated April 14, 2003 that "there are not sufficient grounds to require preparation of a Supplemental Environmental Impact Statement and that this finding is based on the recent and 'hard look' given to all material pertaining to the application."

All other details of the February 5, 2003 the Public Notice remain the same and are reproduced below.  Any comments received during the previous Public Notice do not have to be resubmitted in order to be recognized by the Department.

The applicant proposes to construct a 104-lot subdivision known as the "Meadows at Deans Corners" on approximately 310 acres on both the north and south side of Deans Corners Road (a.k.a. State Rt 124), just east of its intersection with All View Avenue in the Town of Southeast, in Putnam County, NY.  The applicant has applied for the following four (4) permits from this Department:

     Water Supply permit (WSA#8934) to take a supply of water averaging up to 49,400 gallons per day (gpd) from 2 on-site wells having tested capacities of 55 and 58 gallons per minute;

     SPDES permit (#NY-0250511) to discharge up to 49,400 gpd of treated sanitary effluent to the groundwaters adjacent to Holly Stream from a proposed on-site wastewater treatment plant.  The proposed subdivision in located within New York City's Croton Watershed and as such will be required to meet the stricter Nitrate and Phosphorus limits for discharges within that watershed;

     Freshwater Wetlands permit to disturb a combined total of 0.29 acres of state regulated freshwater wetlands #PE-1 (Class III) and  #BR-22 (Class III) and a combined total of 5.31 acres of the 100-foot wide wetland adjacent areas around these wetlands.  All of the wetland disturbance and most of the adjacent area disturbance are due to the construction of two access road crossings of these two wetlands and of Holly Stream (Index #H-31-24;  Class C).  The creation of  3.2 acres of new wetland will result in a mitigation ratio of greater than 11 to 1.

     401 Water Quality Certification for the disturbance of a total of 1.28 acres of federally regulated wetland which is located in almost the same areas as the state regulated wetland and adjacent area.  The 3.2 acres of wetland area to be created as mitigation for disturbance of state wetland areas will result in a mitigation ratio for disturbance of federal wetlands of greater than 2.5 to 1.