Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 01/26/2005

Ulster County

Applicant: Kevin Madonna
Facility: Madonna Property
Dewitt Mills Rd
Hurley, NY
Application ID: 3-5128-00058/00001
Permit(s) Applied for: Article 15 Title 5 Stream Disturbance
Project is Located: Hurley, Ulster County
Project Description:
The applicant proposes to construct a driveway crossing of the headwaters of tributary stream # 2 of First Lake (Class: "A") with twin culverts to access construction of a single family residence. The location is on the south side of Dewitt Mills road approximately 1/4 of a mile east of the intersection with Lucas Turnpike.
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:
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 Feb 11 2005.
Contact: Lawrence G Biegel
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: The American Sugar Refining Company Inc
1 Federal St
Yonkers, NY 10705 -1079
Facility: American Sugar Refining Company Inc
One Federal St
Yonkers, NY 10705
Application ID: 3-5518-00214/00021
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Yonkers, Westchester 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 Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for a pre-construction permit for the applicant's facility.
    This pre construction permit involves the installation of a new boiler rated at 214 mmbtu/hr capable of firing both natural gas and No. 2 oil and the retirement of an existing diesel generator (rated at 22.9mmbtu/hr) located in the power house.  The boiler is operating under existing emission unit EU 00003 (formerly known as EU 00002) which is limited to 274.5 tons per year of NOx.
    The new boiler will be included in an existing emission unit EU 00003 whose emissions are capped under the 274.5 tons/year.  In addition, the new boiler (No. 5) itself will limit its emissions to below 22.5 tons of NOx per year.
    The intent of the facility in accepting this permit with its limitation on PTE is to keep emissions below levels that would trigger major source permitting requirements including Prevention of Significant Deterioration (PSD).  The United States Environmental Protection Agency, Region II, is responsible for implementing the PSD program in New York State and any questions regarding PSD applicability should be directed to: Mr. Steven C. Riva, Air Programs Branch, Division of Environmental Planning and Protection, USEPA, Region 2, 290 Broadway - 25th Floor, New York, NY 10007-1866 (212) 637-4074 or at Riva.Steven@epamail.epa.gov.
    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.  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 Feb 28 2005.
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

Applicant: Westchester County
148 Martine Avenue
White Plains, NY 10601 -4704
Facility: Tibbetts Brook Park
South of Cross County Parkway, East of Saw Mill River Pkwy
Yonkers, NY
Application ID: 3-5518-00800/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Yonkers, Westchester County
Project Description:
The applicant proposes to enclose approximately 480 linear feet of Tibbets Brook (DEC Water Index No. ER-1-5; Class B) within a new culvert for the construction of new athletic fields and parking areas at Tibbets Brook Park.   The project site is located immediately southwest of the Cross-County Parkway and Midland Avenue.  In addition to the proposed stream disturbance, approximately 1.05 acres of federally-regulated wetlands will be filled as a result of the project.  Existing wetlands elsewhere on the site will be expanded by approximately 2.10 acres to mitigate wetland losses.  A stormwater pollution prevention plan has been prepared for the project in accordance with the SPDES General Permit for Stormwater Discharges from Construction Activities.
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:
Westchester County
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Feb 11 2005.
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

Region 3 SEQR and Other Notices Region 3 SPDES Renewals