ENB Region 3 Completed Applications 04/07/2004

The Applicant proposes to install a sanitary sewer force main across State-designated Freshwater Wetland No. WF-16 (Class III).  The sewer main will serve the proposed White Birch Subdivision to be located on the north side of Shirley Avenue, approximately 1/2 mile northeast of the intersection with Hopewell Ave. Extension.  The four-inch diameter sewer main will  extend across about 250 linear feet of the wetland, resulting in about 0.11 acres of temporary wetland disturbance.  The proposed development will be serve by a municipal water supply by the Town of Fishkill, pending DEC review and approval of a separate application by the Town for a Water Supply Permit (DEC Application No. 3-1330-00171/00001).

The Applicant proposes to take a supply of water averaging up to 18,000 gallons per day from excess sources from the Village of Fishkill to serve the newly formed White Birch Water District.  The District was formed by the Town of Fishkill to serve the White Birch Subdivision, which is a 30-lot subdivision proposed on the north side of Shirley Avenue, approximately 1/2 mile north east of the intersection with Hopewell Ave. Extension. Approximately 2,000 linear feet of new water main will be installed from the Shop Rite Plaza to the new subdivision.  Developement of the site will also require the installation of a new sanitary sewer main across State-designated Freshwater Wetland WF-16, pending DEC review and approval of a separate application by Hudson Valley Realty Corp for a Freshwater Wetland Permit (DEC Application No. 3-1330-00147/00003).

    The Department of Environmental Conservation (DEC) has received an application to re-issue the following EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue this permit for a five-year period, maintaining the current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of 38,400 gallons per day of treated sanitary waste to the Hudson River.

    Additional information including the current permit, renewal applications, and supporting documentation may be obtained from or inspected at the NYSDEC central office in Albany.  Substantive comments on the permit or requests for hearing or both must be submitted in writing to the contact person.

    SPDES Number:  NY 003 3430

    The Department of Environmental Conservation (DEC) has received an application to re-issue the following EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue this permit for a five-year period, maintaining the current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of 2,500 gallons per day of treated sanitary waste to the Hudson River.

    Additional information including the current permit, renewal applications, and supporting documentation may be obtained from or inspected at the NYSDEC central office in Albany.  Substantive comments on the permit or requests for hearing or both must be submitted in writing to the contact person.

    SPDES Number:  NY 006 3720

The applicant proposes to construct a 24 foot by 30 foot barn within the 100 foot adjacent area of wetland PB-33 (Class IV) to be used as a dog training facility.  The location is on the north side of Route 17-K; just west of the intersection with Scotchtown Road.

    The United States Environmental Protection Agency (USEPA) executed an Order January 30, 2004, Granting in Part and Denying in Part Petition for Objection to the Al Turi Landfill Title V Facility Permit.  The Order directs the New York State Department of Environmental Conservation (Department) to resolve the Objections identified. Accordingly, a draft Title V permit modification 1 has been prepared and is available for public comment. The project description section of the modified Title V permit contains a summary of Objections granted petition by USEPA followed by Department response.

    By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit.

    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 two (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 create an open flow, vegetated V-shaped channel approximately 170 feet long, approximately 15 feet north of an existing 36"  x 100 foot long corrugated metal culvert pipe.  The existing culvert pipe will be removed and the flow of the unnamed tributary of the Mahwah River (Class B) diverted to the new channel.  The upstream end of the channel is proposed to have an approximately six-foot waterfall set on a 1:1 slope with stone to meet the existing stream.  The project site is located approximately one-half mile west of the intersection of West Gate Road and US Highway Route 202.