ENB Region 1 Completed Applications 06/30/2004

The applicant proposes to reconstruct 62 feet of bulkhead in-place and 1 foot higher in elevation, dredge a 10 foot by 40 foot area adjacent to bulkhead and construct 18 feet of new bulkhead to close off an existing boat slip.  Forty cubic yards of fill will be placed within the boat slip, resulting in the loss of approximately 450 square feet of tidal wetlands known as littoral zone (SM/LZ).  Ten cubic yards dredge material will be placed landward of the bulkhead as backfill.  The applicant also proposes to install a 5 foot wide capping boardwalk and install a 5 foot by 5 foot platform, ladder and 4 foot by 6 foot float.  The project is located at 53 Stillwater Avenue, Massapequa, Town of Oyster Bay, Nassau County, NCTM# Section 66, Block 85, Lot 91.  

The applicant proposes to reconstruct an existing bulkhead and fill in an existing boat slip.  The boat slip is considered NYSDEC regulated tidal wetlands known as SM/LZ wetlands and the filling of tidal wetlands is considered a presumptively incompatible use.  The parcel is located on Grand Canal at 43 Beach Road, Massapequa, Town of Oyster Bay, Nassau County.  NCTM # 65173549 thru 554.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for renewal and modification of an existing Air Title V permit. The modification includes the addition of a spray booth with two emission points.

The facility currently has seven spray booths, two drying ovens and exhaust from one mixing/storage room.  All coatings are compliant coatings.  The facility’s painting operations are regulated under 6NYCRR Part 228 - Surface Coating Processes.  This facility is not subject to 40 CFR Part 63 Subpart GG - National Emission Standards for Aerospace Manufacturing and Rework Facilities since it is not a major source of hazardous air pollutants.

The facility also conducts vapor degreasing of aerospace parts.  These operations are regulated under 6NYCRR Part 226 - Solvent Metal Cleaning Processes and 40 CFR Part 63 Subpart T - National Emission Standards for Halogenated Solvent Cleaning.

The facility conducts cadmium and copper plating of steel aerospace parts.  These emissions  are regulated by 6NYCRR Part 212 - General Process Emission Sources. The facility conducts acid based cleaning and uses chromic acid for anodizing. These emissions are regulated under 40 CFR Part 63 Subpart N - National Emission Standards for Chromium Emissions from Hard and Decorative Electroplating and Chromium Anodizing Tanks.

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 demolish four existing commercial buildings and construct a new supermarket building approximately 67,000 square feet in size.  The parking area and stormwater drainage structurs are proposed to be replaced and improved.  The site is currently developed in a similar manner to the proposed new building.   However, the proposed new development exceeds the maximum 20% lot coverage allowed in the Tidal Wetlands Regulations and the applicant has applied for a lot coverage variance.   The project site is located at 351 Merrick Road, Amityville, Town of Babylon, Suffolk County.

The applicant proposes to expand and make improvements to the existing parking area and install a storm water management system within the adjacent area of regulated Freshwater Wetland #B-2.  The improvements include the removal and installation of curbs, sidewalks, pavement, lighting, landscaping and fencing.  As proposed, portions of the parking area and drainage system will be within 22 feet and 44 feet respectively from the wetland boundary with the limit of clearing, grading and ground disturbance within 14 feet of the wetland.  The property is located at 800 Middle Country Road, Middle Island, Town of Brookhaven, Suffolk County.