ENB Region 5 Completed Applications 05/14/2003

The applicant proposes operation of a new gravel mine, on the north side of LaPlante Road, approximately 1 mile northwest of the O'Neil Road intersection.  The 47.8 acre Life of Mine area is part of an 84.0 acre parcel owned by Todd Deyo.  Operations are expected to run in six, 5-year phases, through the year 2036, with the potential for approximately 800,000 cubic yards of gravel removal.  Onsite processing, involving crushing and screening, will occur.  The majority of the material will be used yb the mine owner, for offsite residential construction projects.  The site will undergo concurrent and final reclamation, with each phase being properly sloped and planted to grass upon completion of mining.  Future use will be either residential, agricultural, or forest.

Applicant proposes to place 145' of rock rip rap in two sections along 180' of a protected stream for stabilization purposes.  The proposed project also includes plans to replace an existing bridge with another temporary bridge.  The project is located on along an old wood road off Airport Road in the Town of Keene, Essex County.

Applicant proposes to modify their existing permit to stabilize 160 linear feet of Mirror Lake shoreline with rock rip rap.  A previous permit was issued to stablize 95 linear feet of shoreline at this location.  This modification increases the length of rip rap by 65 feet, for a total of 160 feet.  The project is located at the Band Shell Park in the Village of Lake Placid.

The Department has prepared a Draft Permit and has made a tentative determination to approve this Department initiated modification. Pursuant to 6NYCRR 201-6.5(i)(1)(iii) the permit is reopened for cause due to the need to add additional monitoring of sources 00M95 and 00M99 in order to assure compliance with the emission limit on VOC to maintain the cap out of 6NYCRR 231-2.2. The additional monitoring is for a minimum air flow rate to the RTO. Other changes the permit are correction of a source ID, number 00M99, that was given another number; the removal of emission point 00002 which no longer exist: and adding to the description of process TRM to include emission source 0FANS(the trim system process fans). The draft permit is available by contacting Stephen Barlow of the Division of Air Resources at 518 623-1200.

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

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for a modification to the existing Title V permit for the applicant's plywood manufacturing mill. The modifications include additional monitoring and record keeping requirements as well as administrative changes to conditions that contain mandated revisions. The modification also includes the addition of 4 general emission exhausts. The addition of these new emission points will not increase or change emissions presently permitted or require new regulations. In addition, this modification included the removal of 2 resin storage tanks as permitted sources. These resin tanks are exempt from permitting in accordance with 6NYCRR 201-3.2(c)(25). The draft permit is available for review by contacting Randy L. Larose of the Region 5 Division of Air Resources staff at 518 623-1200.

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