ENB Region 5 Completed Applications 05/19/2004

Proposed disturbance to approximately 1035 square feet of the adjacent area of Freshwater Wetland N-30 (class III), associated with a driveway to access a future single family residence.  The proposed disturbance area is 75 feet from the wetland. The project is located on the west side of Riverview Road, 1.1 miles south of Droms Road, Town of Clifton Park.

Proposed construction of a new water treatment plant and wells, to provide potable water for the Villages of Victory and Schuylerville.  The following permits are requested:  Water Supply - for installation of two groundwater production wells, taking up to 1.08 million gallons per day; Industrial SPDES - The Department has made a tentative determination to approve a new permit (NY-0265373) for a proposed maximum discharge of 187,000 gallons per day reverse osmosis (chloride removal) backwash from the treatment plant to the Hudson River (class B); a draft permit is available for review.  The project is needed to comply with the Surface Water Treatment Rule (New York State Department of Health).  The site is located at Fort Hardy Park, Village of Schuylerville.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application that renews the existing Title V permit for the applicant's Correctional Facility on Route 22 in Fort Ann. The only significant change to the permit is that the facility generators will only be used for emergency power and will no longer be used in the State's Coordinated Energy Demand Reduction Program(CDRP). The renewed permit does increase allowable emissions or impose additional regulations.

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.