ENB Region 4 Completed Applications 07/28/2004

Kirkside Park Restoration Work: Project includes the clearing of overgrown brushy areas, the re-channelization of of approximately 200 feet of a tributary of the East Branch of the Delaware River, the re-establishment of a ditch and the enhancement of a degraded wetland area. Approximately  75 feet of stream bank stabilization is also proposed on the East Branch of the Delaware River.

Restore approximately 200 feet of Warner Creek to previous (2003) channel. Newly eroded channel is unstable and threatening an outbuilding and erodible forested property on Silver Hollow Road. Project includes diverting flows around worksite, removal of accumulated cobble and gravel, building a berm across new channel and armoring with rip rap.

The applicant proposes to grade and stabilize a 100 foot long and 80 foot high slope failure along the Red Kill.  The resulting slope will be a terraced and vegetated area.  The site is located at Scribner Hollow Road approximately 1/4 mile north of State Route 23A intersection w/Scribner Hollow Road.  

The Town of New Baltimore proposes the placement of large stones along the Hudson River shoreline in Cornell Park to control bank erosion. A 3 foot width of stone will be placed along approximately 110 feet of shoreline. Additional rock will be used to protect several trees along the bank and to provide a canoe/kayak access area.

The Department has received a Air State Facility (ASF) permit application from King Road Materials to permit burning of Waste Fuel A and to cap the facility out of  Title V for an existing facility located at the foot of Monroe Street, Troy, NY.  The owner is Dolomite Products, Inc. DBA King Road Materials located at Albany, NY (P O Box 15097). This facility is an asphalt plant.  The applicant has proposed restricting the potential to emit (PTE) of its emission sources through enforceable permit conditions which will limit or cap emissions at a level which is less than 100 tons per year for carbon monoxide (CO), sulfur dioxide (SO2), particulate matter less than 10 microns (PM10), and for oxides of nitrogen (NOx); less than 50 tons per year for volatile organic compounds (VOC); less than 25 tons per year for the total of all Hazardous Air Pollutants (HAP) and less than 10 tons per year for each individual HAP–the applicability thresholds for Part 2016, Title V.   By accepting these state and federally enforceable limits, the facility is not subject to this particular regulation.  The permittee is required to maintain records, including the tonnage of asphalt produced, and to report this data to verify compliance with permit conditions and limits.  Persons wishing to inspect the subject ASF 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 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 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’s wed site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.  The application 4381700055/00005 is available for review at the Region 4 Office, 1150 North Westcott Rd., Schenectady, NY.  The contact person is Nancy Adams (518) 3572452.  Comments will be received for 30 days from the date of this notice. If comments are received which raise significant issues or provide additional relevant information, the Department may modify the Draft ASF Permit.