ENB Region 3 Completed Applications 01/07/2004

The applicant proposes to construct a stormwater detention basin outlet (grass swale) to Fishkill Creek (Class "C(T)") and the filling of 0.176 acres of federal wetland in conjunction with construction of a 511-unit townhouse development on 168 acres called Van Wyck @ Merritt Park.  As mitigation, 0.45 acres of wetlands will be created on-site. A detailed Stormwater Pollution Prevention Plan has been  prepared.  The location is east of NYS Route 9 and south of Fishkill Creek in the "Brinckerhoff" vicinity.

        The permittee has applied for a permit renewal to continue operation of its existing Transfer Station which accepts Municipal Solid Waste (a.k.a. MSW), Construction and Demolition Debris (C&D) and source-separated recyclables at a combined average rate of 400 tons per day. The facility is prohibited from receiving more than 2200 tons per week (based on an average of 400 tons per day times 5.5 days).  All wastes are processed inside the existing building on the property for loading into long haul trailers and shipped off-site to acceptable disposal sites.  This existing Transfer Station is located at 560 Chestnut Ridge Road in the Village of Chestnut Ridge, Town of Ramapo, in Rockland County, NY.

Sullivan County has submitted applications to expand the existing Sullivan County landfill located south of Broadway in the Village of Monticello by 3.4 acres, called “Cell #6".  This proposed expansion is separate from the larger (36 +/- acre) “Phase II” expansion being considered to the east, towards Rose Valley Road.  The Cell #6 expansion requires the following Department permits:

    Solid Waste Management permit modification for the Cell #6 expansion of 3.4 acres on the south side of the existing landfill.

Industrial State Pollutant Discharge Elimination System (SPDES) Modification for both stormwater and leachate collection, treatment and disposal.  A draft SPDES permit (#NY-0259942) has been prepared by the Department and is available for review (see Document Availability at the end of this Notice).  All stormwater and leachate from the 3.4 acre Cell #6 expansion will be piped to the existing wastewater treatment plant at the landfill.

Air Title V permit modification for the collection and treatment of landfill emission gases.  A draft Title V Permit Modification has been prepared by the Department and is available for review.  Please note that the Administrator of the USEPA (a Federal agency) has the authority to bar issuance of this Title V permit modification if he determines it is not in compliance with the requirements of Part 201 of these regulations.

NOTE on Draft Permits: The Department has made a tentative determination to approve these applications for a modification of the existing Sullivan County Landfill SPDES permit and Title V Air permit to add Cell #6.  The tentative determination is required by Federal regulations and indicates that the discharge or emission regulated under these statutes have been determined to satisfy minimum regulatory standards for permit modification, based on information available to the Department at this time.  As tentative determinations, the Department seeks comments on the proposed permit modifications before making a final decision on them.  These Federally required tentative determinations do not signify Department approval of, or endorsement of, the activities for which these permits are sought or for the overall proposed project at this time.

ENVIRONMENTAL JUSTICE: The landfill is located within an area subject to the provisions of the NYS Department of Environmental Conservation Commissioner’s Policy #29, “Environmental Justice and Permitting.”  Accordingly a Public Participation Plan has been prepared in order to give minority communities and low-income communities greater opportunities for public participation in, and access to, public information on matters relating to human health and the environment associated with the project.  A copy of this plan is available for public review.

NOTICE OF LEGISLATIVE PUBLIC HEARING:

In accordance with the provisions of 6 NYCRR Parts 617, and 621, a legislative public hearing will be held before a Department Administrative Law Judge to receive unsworn statements from the public on the applications on Tuesday, February 10, 2004, at 7:30 P.M., in the Legislative Hearing Room, at the Sullivan County Government Center, 100 North Street, Monticello, NY.  The snow date is Tuesday, February 17^th at the same time and location.  A brief (30 +/- minute) question and answer period (starting at 7:00 P.M.) shall precede the hearing.  

All persons, organizations, corporations, or government agencies which may be affected by the proposed Cell #6 landfill expansion are invited to attend the hearing and to submit oral or written comments.  It is not necessary to file in advance to speak at the Legislative Hearing.  Lengthy statements should be submitted in writing to the Department Regional office (Attn: Lawrence G. Biegel at the address below) and summarized for oral presentation.  Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard.  Equal weight will be given to both oral and written statements.  Written comments must be received no later than Friday, February 20, 2004 (Attn: Lawrence G. Biegel at the address below).  The hearing location is fully accessible to persons with a mobility impairment.  Interpreter services shall be made available to deaf persons at no charge upon written request to Mr. Biegel at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act (SAPA).

To view the full Hearing Notice please go to the following internet address:  

DOCUMENT AVAILABILITY: A copy of the Draft and Final EIS, permit applications, the two draft permits (SPDES and Air Title V) and the Environmental Justice Public Participation Plan are available for your review at at the Department's Region 3 Office in New Paltz (Attn: Lawrence G. Biegel at the address below) and at  the Crawford Public Library, Broadway & Monticello, Monticello, NY 12701.  (Contact the Librarian at Telephone 845-794-4660)

        The applicant proposes to construct a 25 foot by 150 foot, two-story, 12-bed residential annex to its existing Founders  Hollow Residential Retreat House within approximately 55 feet of the edge of state regulated Freshwater Wetland #M-1 (Class II). The annex would be built adjacent to (and would be connected to) the existing Retreat House which is located on on 140 acres of land off 484 Upper Bone Hollow Road, in the Krumville area of the Town of Marbletown, Ulster County, NY.

The applicant proposes to construct a road crossing and extend a water main through State-designated Freshwater Wetland No. O-13 (Class III) and its 100-foot adjacent area. The project involves a proposed 8-lot residential subdivision on 50.8 acres of land located on the northeast side of Grace Lane, about 1/3 mile south of the intersection with Croton Dam Road (NYS Rte. 134).  Approximately, 0.2 acre of wetlands and 1.9 acre of the wetland 100-foot adjacent area will be filled or otherwise impacted by the proposed construction of the roadway.  To mitigate impacts, about 0.4 acre of wetlands will be created on-site adjacent to existing wetlands and remaining wetland areas will be placed in a conservation easement.  A stormwater pollution prevention has also been prepared for the project.  Water will be supplied by the Town of New Castle by extension of a Town of New Castle water district, subject to further review and approval of a DEC Water Supply permit.