ENB Region 3 Completed Applications 07/23/2003

     The applicant has applied for a permit to construct a 4-foot wide by approximately 2400-foot long paved pedestrian walkway parallel to West Drive in the Adjacent Area of Freshwater Wetlands HJ-66 (Class II).  Minor amounts of cut and fill would be necessary along the top of the existing berm to level the land in preparation for construction of the walkway.  A silt-fence would be installed along the wetland side of the work corridor to prevent stormwater runoff and construction material from entering the wetland or its adjacent area.  The proposed walkway would be located at the applicant's Hudson Valley Research Park East Complex, off NYS Route 52, in the Town of East Fishkill, Dutchess County, New York.  

Applicant proposes to dredge accumulated sediment from an existing 0.15 acre pond and to enlarge this pond by approximately 20 feet in circumference.  The pond is located in the Adjacent Area of Freshwater Wetland HJ-49 (Class II), across Old Hosner Mountain Road.  The proposed amount of dredged and excavated material is approximately 3,000 cubic yards and will be spread on an adjacent field.  This pond is located on the north side of Interstate Route 84 West at the intersection for the Taconic Parkway exit # 16N.   

The applicant proposed to install a utility trench within an existing common driveway crossing freshwater wetland PP-33 (Class: II) to serve three future residences.  The location is on the west side of Bulls Head Road, just north of the intersection with Market Lane.

The applicant proposes to dredge approximately 4000 cubic yards of sediment from an existing one-half acre pond, Class B(t), tributary to Lemons Brook in order to deepen and expand the pond. Dredge spoils will be disposed of on upland areas and the embankments of the pond on the applicant's property. The project is located on the north side of West Shore Road, 1000 feet east of Happy Road in the Town of Bethel, Sullivan County.

Applicant proposes to construct a driveway by repairing an existing logging road 20 feet wide by 2,120 feet long, in the Adjacent Area of Freshwater Wetland WT-6 Class III, to access an existing single family dwelling. Approximately 20 feet by 80 feet of adjacent area will be impacted.  A culvert installation with some grading and approximately 150 cubic yards of Item # 4 crushed stone fill in the Adjacent Area is proposed to upgrade the driveway.  The culvert will be 1.5 feet in diameter by 20 foot long.  The site is located on the east side of Band Camp Road approximately 2,500 feet north of Quackenbush Road.

    Spraylat Corporation is capping its emission of Hazardous Air Pollutants (HAP) to less than 10 tons per year for individual HAP and 25 tons per year for total HAP's in order to stay below the applicability thresholds of 40CFR Part 63.  Records will be maintained on site in order to verify compliance.

    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 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