Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 05/12/2004

Dutchess County

Applicant: Sterling Acquisitions Group LLC
600 South Livingston Ave Suite 102
Livingston, NJ 07039
Facility: River Bend at Wappingers Falls
NYS Rt 9 & Myers Corners Rd
Wappingers Falls, NY 12590
Application ID: 3-1356-00229/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Wappinger, Dutchess County
Project Description:
The applicant proposes to modify a portion of the100 foot adjacent area of Freshwater Wetland WF-2 (Class III) in order to construct two stormwater detention basins in conjunction with the construction of a 124-unit apartment complex, Riverbend at Wappingers Falls, on a 21.8-acre parcel. Activities proposed within the adjacent area include filling and grading; the total area of disturbance to the adjacent area of the wetland is approximately 1.13-acre.  No disturbance to Freshwater Wetland WF-2 is proposed. The project is located on the north side of Meyers Corners Road (County Route 93), east of the intersection with US Route 9 in the Town of Wappinger, Dutchess County. A stormwater management plan has been prepared and is available for review.
State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.
SEQR Lead Agency:
Wappingers Falls Village Planning Board
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than May 28 2004.
Contact: R Scott Ballard
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Orange County

Applicant: Mirant NY-GEN LLC
Four Executive Blvd - Suite 100
Suffern, NY 10901
Facility: Shoemaker Gas Turbine Facility
71 Dolson Ave
Middletown, NY 10940
Application ID: 3-3309-00040/00004
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Middletown, Orange County
Project Description:
    The Department has prepared a Title V Permit Renewal to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this renewal for the Applicantís facility located in the City of Middletown, Orange County, New York.
    The Shoemaker Gas Turbine facility is a peak generating station consisting of the following sources of air emissions: two natural gas/jet A fuel-fired stationary jet engines which drive a simple cycle gas turbine (512mmBTU/hr) rated at 40MW, a  natural gas fired reciprocating internal combustion engine (6mmBTU/hr) used to boost the pressure of natural gas supplied to the gas turbine, a natural gas-fired (0.56mmBTU/hr)   emergency generator and one jet fuel storage tank. The Standard Industrial Classification Code representative of this facility is 4911-Electric Services.
    The Shoemaker Gas Turbine facility is located in the City of Middletown, Orange County, New York.  The facilities potential air emissions for particulate matter, sulfur dioxide, carbon monoxide, nitrogen oxides and combination of hazardous air pollutants exceed the major source pollutant thresholds listed in 6NYCRR Subpart 201-6.  Therefore, the facility is subject to the provisions of Title V.
    Since the facility began operating in 1971 and has not undergone any modification, the requirements of 40CFR Subpart GG do not apply.
    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.  DECís 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 Departmentís permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.


State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Jun 11 2004.
Contact: Robert J Stanton
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Rockland County

Applicant: Mirant NY-GEN LLC
Four Executive Blvd - Suite 100
Suffern, NY 10901
Facility: Hillburn Gas Turbine Facility
4TH St
Hillburn, NY 10931
Application ID: 3-3926-00059/00003
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Ramapo, Rockland County
Project Description:
    The Department has prepared a Title V Permit Renewal to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this renewal for the Applicantís facility located in the Village of Hillburn.
    The Hillburn Gas Turbine facility is a peak generating station which consists of: (1) - natural gas/jet A fuel-fired 512mmbtu/hr gas turbine, (1) - natural gas fired 0.56mmbtu/hr, emergency generator and (1) - fuel storage tank.  The facility is applying for a Title V renewal. Applicable regulations include 201,202,211,225, 227-2 and 237. This facility is part of a NOx  RACT system wide averaging plan which includes a 3.0 grams per brake  horsepower-hour through March 31, 2005 and 1.5 grams per brake horsepower-hour limit beginning April 1, 2005 for the internal combustion engine.
    The Hillburn Gas Turbine facility is located in the Village of Hillburn, Rockland County, New York. The facilities potential air emissions for particulate matter, sulfur dioxide, carbon monoxide, nitrogen oxides and combination of hazardous air pollutants exceed the major source pollutant thresholds listed in 6NYCRR Subpart 201-6. Therefore, the facility is subject to the provisions of Title V.
    The facility began operating in 1971 and has not undergone any modification exempting the requirements applicable to 40CFR Subpart GG.
    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.  DECís 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 Departmentís permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.


State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Jun 11 2004.
Contact: Robert J Stanton
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Sullivan County

Applicant: Rosemond Inc
PO Box 11
Woodridge, NY 12789
Facility: Rosemond Campground & Motel
253 Rosemond Rd
Woodridge, NY
Application ID: 3-4828-00133/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Fallsburgh, Sullivan County
Project Description:
    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 term maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of up to 9,350 gallons per day of treated sanitary waste to Woods Lake.
    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.
    SPDES #:  NY 010 1052
State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Jun 11 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Applicant: Lochada Cottages Limited
Harding & Hillside Rds
Barryville, NY 12719
Facility: Lochada Cottages Limited
106 Lochada Road
Barryville, NY 12719
Application ID: 3-4834-00015/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Highland, Sullivan County
Project Description:
    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 term maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the rare wet weather overflow surface discharge of up to 50 gallons per day of waste to the Mill Brook tributary.
    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.
    SPDES #:  NY 010 2385

State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Jun 11 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Ulster County

Applicant: New Paltz Ctl Sch Dist
196 Main St
New Paltz, NY 12561 -1200
Facility: New Paltz Duzine School
Sunset Rdg
New Paltz, NY 12561
Application ID: 3-5138-00014/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: New Paltz, Ulster County
Project Description:
    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 term maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of up to 12,800 gallons per day of treated sanitary waste to the Walkill River Tributary.
    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.
    SPDES #:  NY 009 9830

State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Jun 11 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Applicant: New Paltz Ctl Sch Dist
196 Main St
New Paltz, NY 12561 -1200
Facility: New Paltz High School
196 Main St
New Paltz, NY 12561
Application ID: 3-5138-00016/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: New Paltz, Ulster County
Project Description:
    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 term maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of up to 12,800 gallons per day of treated sanitary waste to the Walkill River tributary.
    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.
    SPDES #:  NY 009 9848

State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Jun 11 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Westchester County

Applicant: Town of North Castle
15 Bedford Rd
Armonk, NY 10504 -1802
Facility: North Castle S D 2 STP
Old Orchard Rd
North Castle, NY 10504
Application ID: 3-5538-00066/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Municipal SPDES
Project is Located: North Castle, Westchester County
Project Description:
    The NYS Department of Environmental Conservation proposes to modify the State Pollutant Discharge Elimination System (SPDES) Permit for the existing discharge from the North Castle Seweage Treatment Plant (STP) serving Sewer District #2 to the Long Island Sound via the Wampus River .  The SPDES permit for this facility in Westchester County has been modified in accordance with the revised Total Maximum Daily Load (TMDL) criteria for nitrogen for this waterbody.  Permit limits, levels, and monitoring requirements have been amended as follows:

Long Island Sound Nitrogen Limits - The Long Island Sound Total Maximum Daily Load (TMDL) analysis has been completed for nitrogen and accepted by USEPA. Therefore, the requirements of the Long Island Sound Study, which require point sources to reduce the discharge of nitrogen over a period of 15 years, are included in the draft permit as phased limits for this permittee discharging to Long Island Sound. These limits are consistent with the 5, 10, and 15 year waste load allocations (WLAs) that are specified in the Zone 7 Nitrogen Load Management Plan.  A compliance schedule, requiring the permittee to develop a plan to meet the total nitrogen limits is included in the permit.

Mass Limits - Mass limits for CBOD5 and TSS were rounded to 2 significant figures in compliance with DEC guidance in the DMR Manual for Completing the Discharge Monitoring Report for the SPDES, NYSDEC, February, 2002.

Total Residual Chlorine (TRC) - The current permit has a technology based daily maximum limit of 2.0 mg/l for TRC. A new, lower water quality based effluent limit has been calculated  for TRC that considers dilution, decay, and immediate free available chlorine demand/uptake at the STP.

pH - The current permit has a technology based pH range of 6.0 - 9.0.  The water quality based pH range is 6.5 - 8.5.  This range is protective of water quality in the Wampus river which is an intermittent stream.

Metals - Cyanide and zinc were detected in the STP effluent and listed in the permit application.  The new permit requires furtheranalysis for these parameters.  The Sampling requirements, method of analysis, and compliance conditions are included in the schedule of compliance section of the permit.  A re-opener clause is also included in the permit, so that DEC can include limits in the future if necessary.

    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.
    SPDES Number:  NY 010 9584
State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Jun 11 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Region 3 SEQR and Other Notices Region 3 SPDES Renewals