ENB Region 3 Completed Applications 07/02/2003

Applicant proposes to replace a subsurface sanitary septic system with a new treatment facility with a discharge of 9,000 gallons per day from its Daytop, Millbrook Campus located on NYS Route 44. The treated wastewater effluent is proposed to discharge to an on-site wetland/pond that drains to tributary 6 of the East Branch Wappingers Creek.

The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation Law. This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time. As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance. As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project. A draft permit identifying proposed effluent limitations and monitoring requirements has been prepared and is available for review.     

The applicant proposes to cross approximately 200 feet of Freshwater Wetland #GO-13 with a driveway to serve two new single family residences.  The location is on the east side of NYS Route 416 approximately 1,000 feet north of the intersection with Route 207.

    The Department has made a tentative determination to approve an application for an Air State Facility permit to allow the construction and operation of two new emergency generators.  One of the generators is rated at 300 horsepower and will be located at the South Dock.  The other generator is rated at 1030 horsepower and will be located at Spellman Hall. Both generators will burn diesel fuel.

    Hours of operation of the two generators will be restricted, in order to cap emission of oxides of nitrogen below 2.5 tons per year.  Therefore, 6NYCRR Part 231 New Source Review will not apply.

    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 adjudicative.  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 adjudicative 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 adjudicative 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 applicant proposes to construct a gabion retaining wall along approximately 150 feet of Indian Brook in order to stabilize the Town road shoulder of Indian Brook Road. The location is west of the intersection with Avery Road.