Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 07/28/2004

Dutchess County

Applicant: WCI/SPECTRUM Communites LLC
115 Stevens Ave
Valhalla, NY 10595
Facility: Moore Property Subdivision
Phillips Rd & Moore Rd
East Fishkill, NY
Application ID: 3-1328-00347/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 15 Water Supply
Article 15 Title 5 Stream Disturbance
Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: East Fishkill, Dutchess County
Project Description:
The applicant proposes to construct a 241-lot, clustered residential subdivision, with centralized water and sewer services.  The project is located on a 480-acre site generally north and southwest of the intersection of Phillips Road and Benton Moore Road.  

The Department has made a tentative determination to approve this application for a State Pollutant Discharge Elimination System (SPDES) permit to discharge an average of 130,000 gallons of treated wastewater per day (gpd) to Fishkill Creek from a proposed sewage treatment plant.  The proposed plant would be located between Benton Moore Road and Fishkill Creek, about 1/2-mile north of the intersection with Phillips Road.  The permittee will be required to maintain records and report data to verify compliance with the SPDES permit conditions and discharge limits. A draft SPDES permit (No. NY-0270610) is available for review at the DEC Region 3 office.

In addition, the applicant proposes to construct a new water supply and distribution system to serve the development.  The applicant proposes to take up to 394,500 gallons of water per day (gpd) from three wells located on the site.

Construction of the project will require various disturbances to Fishkill Creek and State-designated Freshwater Wetlands HJ-23 and HJ-32. These disturbances include construction of the treatment plant outfall, a new pedestrian bridge, a new road crossing, utility installations, and stormwater management measures. The total area of impact to State-designated wetlands is 0.21 acre and 100-foot adjacent areas is 0.29 acre.  The remaining 79.3 acres of wetlands on the site will be preserved.  A stormwater pollution prevention plan has been prepared for the site pursuant to the SPDES General Permit for Stormwater Discharges from Construction Activities (GP-02-01).
State Environmental Quality Review (SEQR) Determination:
A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency:
East Fishkill Town 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 Aug 27 2004.
Contact: Scott E Sheeley
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: Orange Development Corporation
411 Hackensack Ave
Hackensack, NJ 07601
Facility: Mancuso Property
Purgatory Rd
Blooming Grove, NY
Application ID: 3-3320-00113/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Blooming Grove, Orange County
Project Description:
The applicant proposes to construct a 12 foot wide driveway to access a proposed single family dwelling on a 21 acre Lot, located on the west side of Purgatory Road approximately 2,000 feet north of the intersection with Farmingdale Road.  Construction of the driveway will disturb approximately 75 feet of Freshwater Wetland GO-39, Class (II) and another 1,067 feet of regulated 100 foot Wetland Adjacent Area.
  


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 Aug 13 2004.
Contact: Ann M Brooks
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Applicant: Storm King School
314 Mountain Ave
Cornwall, NY 12518
Facility: Storm King School
314 Mountain Ave
Cornwall, NY 12518
Application ID: 3-3324-00025/00002
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Cornwall, Orange 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 and groundwater discharges of up to 23,000 gallons per day of treated sanitary waste to a Hudson 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 010 2831

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 Aug 27 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Applicant: MICHAEL/CARLA Leary
Facility: Leary Property
108 Howells Rd
Middletown, NY 10940
Application ID: 3-3352-00249/00003
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Wallkill, Orange County
Project Description:
The applicants propose to construct a 30 foot by 24 foot addition to a single family home in the adjacent area of NYS Freshwater Wetland MD-13 (Class II).  The residence is located on the east side of Howells Road, north of its intersection with Ingrassia Road in the Town of Wallkill.  The building site is an existing lawn adjacent to the home.
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 Aug 13 2004.
Contact: Laurie A Lawrence
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Applicant: Sterling Forest Castle Realty Ltd
5 Morningside Dr
Succasunna, NJ 07876
Facility: Sterling Forest Castle Tavern & Marina
26A Lakeview Pl
Sterling Forest, NY 10979
Application ID: 3-3354-00014/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Warwick, Orange 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 10,000 gallons per day of treated sanitary waste to the Greenwood 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 009 8094

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 Aug 27 2004.
Contact: Andrea L Sheeran
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Sullivan County

Applicant: Kadampa Meditation Center
Gen Kelsang Togden
PO Box 447
Glen Spey, NY 12737
Facility: Kadampa Meditation Center
Sweeney Road
Lumberland, NY
Application ID: 3-4838-00072/00001
Permit(s) Applied for: Article 15 Title 5 Stream Disturbance
Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Lumberland, Sullivan County
Project Description:
The applicant proposes to add a new surface discharge of 5,500 gallons per day (gpd) of treated sanitary wastewater from a Meditation Center known as Kadampa, located on the north and west side of Sweeney Road approximately 250 feet north of the intersection with County Road #31.  This treated wastewater will be discharged to an unnamed tributary of Fish Cabin Creek, Index # D-13-3, Class C(t).  The sanitary wastewater treatment system will serve a proposed new Temple and eight new housing units to accommodate 48 full-time residents, seasonal visitors and also serve five other new buildings.  A Protection of Waters permit will be required for the installation of the wastewater discharge outlet pipe.

The Department has made a tentative determination to issue a State Pollutant Discharge Elimination System (SPDES) permit under Article 17 and a Protection of Waters permit under Article 15 of the Environmental Conservation Law.  This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  The application and draft permit, containing proposed effluent limits and monitoring requirements, are available for public inspection at the NYS Department of Environmental Conservation, Region 3, New Paltz office.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project.

Please refer to this application by the application number listed above and SPDES number: NY0270636.
State Environmental Quality Review (SEQR) Determination:
Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.
SEQR Lead Agency:
Lumberland Town 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 Aug 27 2004.
Contact: Ann M Brooks
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Ulster County

Applicant: Dyno Nobel Inc
161 Ulster Ave
Ulster Park, NY 12487 -0730
Facility: Dyno Nobel Inc
161 Ulster Ave
Ulster Park, NY 12487
Application ID: 3-5122-00042/00165
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Esopus, Ulster County
Project Description:
    The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and made a tentative determination to approve this application for an Air State Facility permit for the applicant's facility located in Ulster Park, Ulster County.
    The facility produces different types of explosives and explosive devices.   Quality control test firings and detonations are conducted.  Two #6 oil boilers provide heat for the facility.
    Sulfur dioxide emissions from the boilers are limited to 82.43 tons per year.  This will be enforced with a restriction on fuel oil usage of 700,000 gallons per year.  This restriction will keep the facility below major source thresholds, and thus the facility is not subject to Clean Air Act Title V Permit requirements.  The facility is subject to sulfur in fuel and opacity limitations.
    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 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  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 Aug 27 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

Westchester County

Applicant: Robin & David Simon
Facility: Simon Property
82 the Farms Rd
Bedford, NY
Application ID: 3-5520-00224/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Bedford, Westchester County
Project Description:
The applicant proposes to construct a16 foot by 18 foot sun room with an attached 20 foot by 23 foot deck immediately adjacent to the existing single family dwelling. Construction of this house addition will require the disturbance of approximately 750 square feet of the Adjacent Area of Freshwater Wetland K-9 (Class I).  This lot is almost entirely within the State regulated 100 foot Adjacent Area.  The applicant proposes to plant native wetland species within the wetland boundary southeast to the Mianus River as mitigation.   

This project is located on the southeast side of The Farms Road approximately 2,000 feet southeast of the intersection with NYS Route 22.
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 Aug 13 2004.
Contact: Ann M Brooks
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Applicant: Elizabeth Baker
Facility: Baker Property - Girdle Pond
85 GIRDLE-RIDGE Rd
Katonah, NY 10536
Application ID: 3-5520-00229/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Bedford, Westchester County
Project Description:
The applicant proposes to treat a portion of State-designated Freshwater Wetland K-49 with the algaecide Cutrine-Plus. The project site is a 1.75-acre private pond located at the western corner of Girdle Ridge Road and Girdle Ridge Drive.  The proposed treatements would be made as needed during June, July, and August to control nuisance algae.
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 not performed.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.
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 Aug 13 2004.
Contact: Scott E Sheeley
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Applicant: Hendrick Hudson Ctl Sch Dist
61 Trolley Rd
Montrose, NY 10548 -1121
Facility: Hendrick Hudson Furnace Woods School
239 Watch Hill Rd
Peekskill, NY 10566
Application ID: 3-5522-00276/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Cortlandt, Westchester 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 27,250 gallons per day of treated sanitary waste to a Furnace 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 5716

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 Aug 27 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