ENB Region 2 Completed Applications 05/12/2004

The Department has prepared a draft permit and has made a tentative determination to approve this application. The facility, an asphalt plant, would have a potential capacity of 351,000 tons per year of asphalt production. The facility consists of a mixing hopper assembly, a conveyor system, a dryer operated on a fuel fired burner, a primary dust collector, a baghouse, a silo system and an aboveground storage tank. The applicant proposes to cap the facility NOx (oxides of nitrogen) emissions to below 22.5 tons per year. In order to comply with the emission cap, the facility is limited to asphalt production of 292,500 tons per year when burning natural gas; 58,500 tons per year when burning #2 fuel oil; and natural gas consumption for the generator is limited to 17.28 mmscf/year. The facility is subject to the provisions of State Facility specified under 6NYCRR Part 201-7.2. Persons wishing to inspect the subject files, including the application with all relevant supporting materials, the draft permit and all other materials available to the DEC 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. A public hearing under 6NYCRR 621.7(c) may be held if a significant degree of public interest exists.

The applicant proposes to restore approximately 35.5 acres of wetland and upland habitat, which includes approximately 20.5 acres of inter tidal salt marsh and approximately 15 acres of coastal/maritime grassland. The restoration of the historic intertidal marsh will require the removal of approximately 85,000 cubic yards of fill material which will then be placed in the upland areas to create the new coastal maritime grassland. The areas to be restored will be planted with appropriate vegetation and a nature trail system will be established. The project site is located within New York City Parks and Recreation’s Marine Park on Gerritsen Creek in Brooklyn.

    The Jamaica Bay Federal Navigation Project was authorized by the Harbors and Rivers Act of 25 June 1910, and modified in the subsequent River and Harbors Acts of 1945 and 1950. The existing navigation project at Jamaica Bay authorizes a 20 foot deep, 1000 feet wide, 2 mile long outer entrance channel connecting two interior (bay) channels with deep water in the Atlantic Ocean.

    The Applicant is requesting a 10-year Water Quality Certification (WQC) allowing for the dredging of bottom sediments, for the purposes of maintaining the authorized project dimensions, thereby assuring safe and economical use of the Jamaica Bay by shipping interests. The entire channel will generally not require maintenance dredging during the course any single dredging event; only areas where shoaling has reduced the depth of the channel would be dredged. Maintenance dredging would be accomplished by pipeline dredge, hopper dredge or similar plant. Environmental windows would prohibit dredging between April 1 and September 14. The grain size analysis conducted 20 February 2004 shows the sediments to be 99.08% sand.

    The initial dredging event conducted pursuant to this 10-year WQC would involve the removal of 300,000 cubic yards of material and is proposed to occur during the fall of 2004. The dredged material from the initial dredging event is proposed to be stockpiled on an old runway at Floyd Bennett Field, part of the National Park Service's Gateway National Recreational Area. The stockpile location has been coordinated with the National Park Service and will avoid the runway area utilized by the model airplane club. The dredged material will be transported to the stockpile location by hopper dredge or pipeline. The stockpiled material will be utilized for the restoration of marsh islands in Jamaica Bay. The applicant will need and is seeking a separate permit from NYS DEC for the Jamaica Bay marsh island project.

    Future dredging events conducted pursuant to this 10-year WQC will require the applicant to send to the Department, in writing, a request for an authorization to proceed. The request must include, at a minimum, information on the specific location (shoals) of proposed dredging, grain size analysis and proposed placement location. Upon review and acceptance of materials provided in support of proposed dredging event, the Department will issue an Authorization to Proceed.

The applicant proposes to construct 2 semi-attached one-family two-story houses. The rear of the proposes houses will be 34 feet from NYSDEC regulated Class I Freshwater Wetland NA-9 (Dongan Hills). In addition, proposed decks on the houses will be 9 1/2 feet from wetland boundary. The rear 15 feet of the property is proposed to be deed restricted area of no disturbance and a split rail fence will be installed between the development and the deed restricted area. Plantings are proposed along the split rail fence. The project is located on Slater Blvd. near Olympia Boulevard, Staten Island Block 3755 Lot 15. This project site is located within the adjacent area of  Freshwater Wetlands NA-9 which is included in moratorium which prohibits  NYSDEC from issuing a permit for this project until conclusion of the moratorium.

    The federal navigation project for New York and New Jersey Channels was authorized by the Rivers and Harbors Act of 1933 and subsequently modified by the Rivers and Harbors Acts of 1935, 1950, 1965, and 1985. The existing navigation project at the Raritan Bay Reach of the NY/NJ Federal Navigation Channel (miles 0 to 14) provides for: a.) a channel 37 feet deep in rock and 35 feet in deep in soft material, 600 feet wide through Lower New York Bay, Raritan Bay and Arthur Kill up to and including the OuterBridge, except in the vicinities of Seguine Point and Ward Point where the width is to be 800 feet; b.) Perth Amboy anchorage, with authorized depths of 37 feet and 25 feet; and c.) a secondary channel 30 feet deep and 400 feet wide in Raritan Bay connecting with the Raritan River.

    The Applicant is requesting a 10-year Water Quality Certification (WQC) allowing for the dredging of bottom sediments, for the purposes of maintaining the authorized project dimensions, thereby assuring safe and economical use of the Raritan Bay Reach of the NY/NJ FED Navigation Channel by shipping interests. The entire channel will generally not require maintenance dredging during the course any single dredging event; only areas where shoaling has reduced the depth of the channel would be dredged. Maintenance dredging would be accomplished by clamshell dredge, hopper dredge or other similar plant. Environmental windows would prohibit dredging between November 15 and July 15.

    The initial dredging event conducted pursuant to this 10-year WQC would involve the removal of 144,000 cubic yards of material at the Seguine Point Section of the Raritan Bay Reach and is proposed to occur during the summer/fall of 2004. The Sequine Point Section of the Raritan Bay Reach occurs between mile point 7 and mile point 9 of the NY/NJ Channels and provides for a channel 37 feet deep in rock and 35 feet deep in soft material , 600 feet to 800 feet wide (wider at the bend). A two foot overdepth is authorized for both rock and soft material. The grain size analysis shows the sediments to be 18% sand, 49% silt and 33% clay. The dredged material would be transported by scows or hopper dredge to a permitted, suitable upland site(s) to be named by the selected dredging contractor. Before placement at any upland placement site, the dredged material must be determined to meet all federal, state and local criteria required by the government agencies having jurisdiction over the named dredged material placement site.

    Future dredging events conducted pursuant to this 10-year WQC will require the applicant to send to the Department, in writing, a request for an authorization to proceed. The request must include, at a minimum, information on the specific location (shoals) of proposed dredging, grain size analysis and proposed placement location. Upon review and acceptance of materials provided in support of proposed dredging event, the Department will issue an Authorization to Proceed.

    The Applicant is requesting a 10-year Water Quality Certification (WQC) allowing for the dredging of bottom sediments in Great Fresh Kill, for the purposes of maintaining previously authorized project dimensions, thereby assuring safe waterfront access to the Great Kills Landfill. The entire Great Fresh Kill channel will generally not require maintenance dredging during the course any single dredging event; only areas where shoaling has reduced the depth of the channel would be dredged.  Sediment sampling and testing was conducted in December 2003 and the sediments were determined to be acceptable as alternate grading material at the Fresh Kills landfill or other suitable upland placement location.

    The initial dredging event conducted pursuant to this 10-year WQC would involve dredging to a depth of 17 feet plus 1.5 feet of overdepth, removing approximately 54, 000 cubic yards of material from three (3) areas of shoaling. The proposed dredging is scheduled to occur during the spring/summer of 2004.  The proposed placement location is the Great Kills landfill, which has received a Beneficial Use Determination (BUD) from the Department allowing the use of processed dredged material as Alternate Grade Material below the liner. The dredged material will be transported to the Landfill via barge.

    Future dredging events conducted pursuant to this 10-year WQC will require the applicant to send to the Department, in writing, a request for an authorization to proceed. The request must include, at a minimum, information on the specific location (shoals) of proposed dredging, sediment analysis and proposed placement location. Upon review and acceptance of materials provided in support of proposed dredging event, the Department will issue an Authorization to Proceed.