ENB Region 3 Completed Applications 01/12/2005

The applicant proposes to construct Phase II of the water distribution system for the Manchester Water District and install water mains across several State-protected streams and within State-protected Freshwater Wetlands PV-32 and PV-33.  The project site is located along various roadways in the western portion of LaGrange, in the general vicinity of Route 55, Titusville Road, and Noxon Road.  In total, approximately 0.75 acre of wetlands will be impacted by the project, approximately 0.39 acre of which are State-designated freshwater wetlands.  The project will also cross a tributary of Wappinger Creek [DEC Water Index No. H-101-6; Class C(T)] in three locations.  The project is associated with a public water supply permit previously issued by the Department for the Manchester Water District.

The applicant proposes to stabilize approximately 150 feet of eroding streambank on Wappingers Creek by cutting back near-vertical bank and planting with appropriate shrub species. The location is to the west of Sleight Plass Road approximately 2,000 feet north of the intersection with Overlook Drive adjoining a portion of the Town of LaGrange "Wappinger Creek Greenway Trail".

The applicant proposes to cross approximately 160 feet of wetland # WA-5 (Class: III) with a 12-foot wide common driveway to serve two proposed new houses on 14 =/- acres. The location is on the west side of N.Y.S. Route 208 just north of the intersection with Reservoir Road.

    The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the applicant's facility.

    Bedford Hills Correctional Facility maintains a power-house which covers the facility's needs for hearing and hot water. This modification authorizes the addition of a 500 KW gas generator, the addition of two diesel generators rated at 850 KW and 1000 KW, the conversion of the 750 KW diesel generator from exempt to non-exempt status and switching the fuel used by all combustion units from No. 6 to No. 2 oil.

    All other air contamination sources located in this facility remain the same.

    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 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 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.  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 Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for a modification for the Applicant’s Air State Facility Permit.

    The facility is a college, SIC code 8229 which is applying for a modification, MODIFICATION 1,  of its State Facility Permit.    Modification  1 entails replacement of three (3) -50 mmBTU/Hr  with one (1) -25 mmBTU/Hr and two (2) - 50 mmBTU/Hr  boilers firing natural gas and number 2 fuel oil.   The replacement boilers are equipped with low NOx burners, will burn both natural gas and number 2 fuel oil.  The facility is also adding emission units for gasoline fueling and lithographic printing.

    The facility is subject to Parts 201, 211, 225, 230, 234 and the New Source Performance Standards (NSPS), 40 CFR 60, subpart Dc.  Facility will limit its fuel usage to less than 400,000 gallons of #2 fuel oil and 300 million cubic feet of natural gas annually to stay below the Title V thresholds.  Facility will keep daily fuel usage logs to demonstrate compliance with the cap.

    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 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 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.  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 construct a sanitary sewer line, water supply line, walking trail, and stormwater outfall within the 100 foot adjacent area of Freshwater Wetland O-9 (Class I) in conjunction with the construction of an eight (8) lot residential subdivision on a 15-acre parcel. The total area of disturbance to the adjacent area of the wetland is approximately 1.12 acre.  However, 0.7 acre of the proposed disturbance is existing landscaped and maintained area.  No disturbance within the Freshwater Wetland is proposed. The project is located on the south side of Long Hill Road, 500 feet west of South State Road in the Village of Briarcliff Manor, Westchester County. A stormwater management plan has been prepared and is available for review.