ENB Region 2 Completed Applications 01/14/2004

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. The existing facility operates lithographic printing sources comprised of two 2-color presses, one 5-color press, three 6-color presses, one agfa film processor and two screen image setters. These sources are subject to 6NYCRR Subpart 201-6, Parts 211, 212 and 234. The facility has chosen to cap out of New Source Review, Subpart 231-2 requirements for its VOC emissions for the sources installed during the years of 1998, 2000 and 2002.

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 applicant proposes to construct 5 two-family detached houses within the adjacent area of NYSDEC regulated Class II Freshwater Wetland AR-43 (Chelsea). The location of the proposed houses range from approximately 25 feet to 100 feet from the wetland boundary. Sanitary waste will be discharged to existing sanitary sewers. Storm water will be discharged through a combination of drywells and overland flow to maintain water balance to the wetland. A deed restricted area of no disturbance and a vegetated buffer will be established to reduce wetland impacts. The project site is located on Cannon Avenue, 394 feet east of Glen Street, Staten Island, Block 2276 - Lots 24 & 28.

The applicant proposes to construct a residential development consisting of 133 one or two-family houses. The development includes the following activities that require NYSDEC permits:

Construction of underground utilities, private roads, sidewalks, residential buildings and associated parking pads and yards, and implementation of stormwater management measures,   within tidal wetlands adjacent area associated with an unnamed tidal tributary to Lemon Creek , and within the adjacent area of NYSDEC regulated Class I Freshwater Wetland AR-17 (Wolfes Pond). Construction of residential buildings and associated parking pads and yards, and implementation of stormwater management measures within tidal wetlands adjacent area, and a portion of the Coastal Erosion Hazard Area, as identified on the Coastal Erosion Hazard Area Map for Staten Island, Richmond County, New York, Sheet 3 of 14, dated March 14, 1988), along Raritan Bay. Connection of underground utilities within a general utility corridor that extends from the proposed residential development, to the existing connections near the intersection of Purdy Place and Holton Avenue, and construction of an access road and sidewalk to the proposed residential development. The utility corridor and access road are within the 100-foot freshwater wetlands adjacent area associated with the channel carrying the discharge from Wolfe’s Pond located within the New York City-owned Wolfe’s Pond Park. An earlier version of this project was the subject of a November 1989 Final Environmental Impact Statement (FEIS) prepared with the City of New York acting as lead agency.  The New York City Department of Planning has reviewed the current project and has determined that it would not have any additional significant adverse environmental impacts not already addressed in the 1989 FEIS. The proposed project is located  at Seguine Point on Raritan Bay in Staten island, between the New York City-owned Wolfe’s Pond and Lemon Creek Parks, south of Purdy Place.