ENB Region 3 Completed Applications 08/04/2004

    The Department has made a tentative determination to issue a State Pollutant Discharge Elimination System (SPDES) permit pursuant to Article 17 of the Environmental Conservation Law to the NYC Department of Environmental Protection (NYCDEP) for the existing discharge from the Shandaken Tunnel to the Esopus Creek. This discharge has been in operation since 1924.  The Shandaken Tunnel transports untreated water from the Schoharie Reservoir to the Esopus Creek.  The daily mean average discharge from the tunnel is about 220 million gallons per day (MGD).  About sixteen percent of the City’s water on an annual basis is obtained from the Schoharie Reservoir.

    An earlier version of this permit was noticed in February 2004 and the resulting public comment indicated the need to revise the permit.  This new draft permit differs from the previous permit as follows:

Turbidity:    Final effluent limits have been developed for both turbidity and turbidity increase over background, based upon comments received, a review of Departmental regulations, and new data supplied by the applicant.   The proposed turbidity and turbidity difference action levels have been modified based on additional data, and remain as interim action levels during the Compliance Schedule period.  (The turbidity difference is the difference between the turbidity in the discharge from the Shandaken Tunnel and that in the Esopus Creek upstream of the portal.)  These action levels require the permittee to reduce the flow from the Shandaken Tunnel whenever the action level is met or exceeded. A maximum Turbidity limit which requires the permittee to shut down the tunnel whenever the limit is reached has been added.  The footnotes for Turbidity have been revised and clarified.  

    High turbidity discharges have all been associated with severe storm or runoff events. At these times the average flows in the Esopus Creek are high.  Therefore, when the flow from the Shandaken Tunnel needs to be reduced, it should not result in conditions of inadequate flow in the Esopus Creek.

Phosphorus:    The 12 month rolling average Phosphorus action level has been changed to an effluent limit based upon a review of the Department’s regulations.

Temperature:    The temperature effluent limit has been modified to be consistent with the requirements in 6 NYCRR Part 704.  A temperature action level of 65 degrees F has been added.  This action level requires the permittee to reduce the flow from the Shandaken Tunnel whenever the action level is met or exceeded to preserve the volume of cold water within the Schoharie reservoir.

Flow:    The footnotes regarding Flow calculation have been revised for clarity. References to the “Release Management Strategy for the Shandaken Tunnel”  have been removed. An exemption from the maximum flow limit when the background flow exceeds 300 MGD has been included.  Ramping provisions for the opening/closing of the Tunnel have been included.

    The provisions of 6 NYCRR 670, which currently governs the release of water from the reservoir, will be maintained.

Compliance schedule:     The 2002 Filtration Avoidance Determination (FAD) for the Catskill and Delaware portions of the New York City watershed is now incorporated by reference only.  A permit-specific Turbidity Reduction compliance schedule has been incorporated into the revised permit requiring the permittee to develop and implement a program consisting of structural and nonstructural measures to reduce the turbidity of the water leaving the Shandaken Tunnel and maximize the volume of cold water discharge available for discharge to the Esopus Creek.  The program is subject to Departmental approval.

    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.  As a tentative determination, the Department seeks comments on the 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.  

    The discharge is located on the north side of State Route 28 about 1100 feet west of Broadstreet Hollow Road and 1.5 miles east of State Route 42.

    Copies of the draft permit may be obtained from the contact person or are available on the Department’s website at: http://www.dec.state.ny.us/website/dcs/eisanddp/shandakpermit.pdf.  Copies of the fact sheet may be obtained from the contact person or are available on the Department’s website at: http://www.dec.state.ny.us/website/dcs/eisanddp/shandakfs.pdf

    In commenting on this draft permit, please refer to the application ID listed above and to SPDES number, NY 026 8151.

Marbil Corp. proposes to mine sand and gravel from 26.5 acres out of a total site of 39 +/- acres (with the remaining acreage acting as a buffer).  The maximum depth of excavation is 25 feet and the total volume to be excavated over an estimated 15-year period is 425,000 cubic yards.  Mining and reclamation would occur in three phases, thus affecting a maximum of 10.5 acres at any given time (Phase I).  A dry screen is proposed to be used to screen and and sort the minerals.  The location is southwest of the intersection of Denniston Road with NYS Route 208.  The full complete notice and notice of hearing can be viewed at http://www.dec.state.ny.us/website/ohms/notices/marbil.html  

    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 24,250 gallons per day of treated sanitary waste to an unnamed Furnace Creek 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 5767