Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 03/16/2005

Dutchess County

Applicant: Hudson River Rowing Association Inc
C/O Andrew Mauer
11 Meyer Ave
Poughkeepsie, NY 12603
Facility: Community Boathouse
North Water ST/HUDSON River
Poughkeepsie, NY
Application ID: 3-1346-00213/00003
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Excavation & Fill in Navigable Waters
Article 15 Title 5 Marinas & Moorings
Project is Located: Poughkeepsie, Dutchess County
Project Description:
The applicant proposes to construct two 30 foot high structures (approximately 15000 sq ft boathouse and approximately 8000 sq ft multi-purpose building) with associated parking facilities and a floating dock launching facility with associated shoreline stabilization on 4.7 acres of a 15.5 acre site located along the Hudson River at the terminus of the North Water Street Extension, Town of Poughkeepsie.  The project includes stormwater management plans to be implemented during construction and, post construction stormwater management.  A Greenway trail is to be constructed through the 4.7 acres to be used for the proposed project and on the 10.8 acre portion of the site which is to remain otherwise undeveloped, at this time.
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 performed.
SEQR Lead Agency:
Poughkeepsie Town Planning Board
State Historic Preservation Act (SHPA) Determination:
A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.
Coastal Management:
This project is located in a Coastal Management area and is 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 Apr 4 2005.
Contact: Barbara Rinaldi
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: Pencor Masada Oxynol LLC
2170 Highland Ave
Suite 200
Birmingham, AL 35205
Facility: Orange Recycling & Ethanol Prod. Fac.
159 Dolson Avenue
Middletown, NY 10940
Application ID: 3-3309-00101/00003
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Middletown, Orange County
Project Description:
The New York State Department of Environmental Conservation (DEC) has prepared a Draft Title V permit renewal 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 has made a tentative determination to approve this renewal application by Pencor-Masada OxyNol, LLC, for the Orange Recycling & Ethanol Production Facility, located in the City of Middletown, Orange County, NY.   Pencor-Masada indicates that they have not made any changes to the design and operation of facility as originally permitted.  Additionally, Pencor-Masada is not seeking any changes to the current Title V permit, or to the other DEC permits for this facility.

     PROJECT DESCRIPTION:    The project description has not changed since the facility was previously authorized to accept up to 230,000 wet Tons Per Year (TPY) of Mixed Solid Waste (MSW), up to 422,000 wet TPY of sewage sludge, up to 32,000 TPY of waste paper, up to 364 TPY of septage and leachate, and would produce approximately 7.1 Million Gallons per Year of ethanol.   Recyclable materials (metals, plastic, glass, etc.) would be picked out of the incoming Mixed Solid Waste (MSW) during initial receipt, for shipment to off-site recycling facilities.  Solids leftover from the ethanol production process would be gasified to produce steam for use in portions of the facility. All handling and processing of waste materials over the 20-year life of the project would take place inside the proposed building.   The facility is sized to handle all of the solid waste needs of the City of Middletown and a large portion of Orange County.  Some waste may come from outside Orange County but the project sponsors agreed to not accept waste from New York City.  

The Standard Industrial Classification (SIC) code of this facility is 4953 (Refuse Systems).  

      TITLE V FACILITY PERMIT:     The Title V draft renewal permit for this facility contains all of the recordkeeping, reporting and emission limits specified the current Title V permit. Consistent with previous public notices, the overall process consists of a series of simple unit operations and processing steps including:

1)    Materials Recovery Facility sorts the incoming MSW.
2)    Sewage Sludge Receiving and Storage.
3)    Sewage Sludge Acidification produces CO2, drops out metals, and kills pathogens.
4)    Acid Hydrolysis converts the feed streams to sugar.
5)    Filtration separates the acid/sugar stream from residual solids.
6)    Acid Evaporators concentrates the recovered acid and recycles it back into the hydrolysis process.
7)    Neutralization and Metals Removal neutralizes the sugar prior to fermentation and removes dissolved metals such as chromium and aluminum.
8)    Sugar Concentration concentrates the sugar stream prior to fermentation.
9)    Alcohol Plant converts the sugar to ethanol.
10)   Wastewater Treatment treats the wastewater prior to sending it to the Middletown Wastewater Treatment Plant
11)   Carbon Dioxide Plant cleans and compresses the CO2 produced.
12)   Gasifier gasifies the lignin and residual solids to produce process steam.
13)   Package Boiler combusts natural gas to produce the balance of process steam needed by the facility.

         EPA AUTHORITY:    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 renewal if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.


        OTHER PERMITS:   Pencor Masada Oxynol, LLC has also applied for a renewal, with no changes, of its Part 360 Solid Waste Management Facility permit to process the previously mentioned waste products, and a renewal, with no changes, of its 401-Water Quality Certification for disturbance of 1.27 acres of federally designated freshwater wetlands in order to construct the facility.   These two permits are not federally delegated permits and thus, draft renewal permits do not need to be prepared.  


       DOCUMENT AVAILABILITY:   Persons wishing to inspect the subject files, including the permit renewal application with all relevant supporting materials, the draft renewal 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 at the end of this Notice.   It is recommended that an appointment be made to review these files. The DEC will make every effort to make the files available within two (2) business days of contact, from 9:00 A.M. through 4:00 P.M., unless the requester wishes to inspect the files at a later date.  

The draft Air Title V renewal permit is also available under "O" for Orange at the following DEC's webpage:  

http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

       DECISION MAKING:   DEC will evaluate the renewal application and the written 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 that provides an additional opportunity for public comment.   DEC’s determination to hold a legislative public hearing will be based on whether there is a significant degree of public interest.   If a legislative public hearing is to be held, a separate Notice of Hearing will be published which will include the time and place of the hearing and how to submit comments.   The applicant and all persons who have filed written comments on the permit will be notified by mail if a public hearing is to be held. Comments and requests for a legislative public hearing must be in writing and addressed to the Department representative listed at the end of this Notice.


       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 exist relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law.   A copy of the Department’s permit hearing procedures (in both English and Spanish) is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms.


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 Apr 18 2005.
Contact: Michael D Merriman
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Sullivan County

Applicant: Town of Bethel
Box 300
White Lake, NY 12786 -0300
Facility: Bethel - T Landfill
Rt 55 - E Side - N & W of Old White Lake Tpke
White Lake, NY 12786
Application ID: 3-4820-00005/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Bethel, Sullivan County
Project Description:
The Department has made a tentative determination to approve this application for a new SPDES permit for a discharge to groundwater (Outfall No. 001) of leachate seepage with a maximum flow of 35,000 gallons per day (gpd) from the Town of Bethelís closed municipal landfill.  Currently, untreated leachate seepage from the landfill flows overland to the West Branch Mongaup River. The proposed project will discontinue the discharge of untreated leachate to surface water and will treat the discharge via aeration and settling prior to discharge to groundwater. The project involves construction of a new aeration basin, settling basin, pump station, piping and leach field. The project is located on the north side of Old White Lake Turnpike at the intersection with Creamery Road in the Town of Bethel, Sullivan County. A draft permit is available for inspection and comment at the regional office.
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 performed.
SEQR Lead Agency:
NYS Department of Environmental Conservation
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 Apr 15 2005.
Contact: R Scott Ballard
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Applicant: Lawrence Almeida
Facility: Almeida Property
322 Pine Kill Rd
Westbrookville, NY 12785
Application ID: 3-4840-00236/00001
Permit(s) Applied for: Article 15 Title 5 Stream Disturbance
Project is Located: Mamakating, Sullivan County
Project Description:
The applicant proposes to install riprap and backfill (6 to 8 feet high) along 300 feet of the west bank of the Pine Kill, Index # D-1-12-8, Class C(t) to contain high flows and restore a substantially eroded area due to flooding damage in August 2004.  The site is located at 322 Pine Kill Road.

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 performed.
SEQR Lead Agency:
NYS Department of Environmental Conservation
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 Apr 1 2005.
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: Michael Wendel
Facility: Wendel Lurock Mine
Continental Rd
Wawarsing, NY
Application ID: 3-5156-00251/00001
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Wawarsing, Ulster County
Project Description:
The applicant proposes to mine and process (crushing & screening) sand and gravel from a "life of mine" area of approximately 9 acres (on a total site of 11.5 acres). Mining and sequential reclamation (to prepare the site for 5 building lots) will be conducted in 3 phases thus limiting the actively mined area to a maximum of 4 +/- acres at any given time. Excavation will not go below the water table (i.e. groundwater). The location is on the east side of Continental Road approximately 1/2 mile west of NYS Route 209.
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 performed.
SEQR Lead Agency:
NYS Department of Environmental Conservation
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 Apr 15 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: Us Summit CORP/EASTWOODS LLC
600 Third Ave 2ND Fl
New York, NY 10016
Facility: Pound Ridge Golf Club
High Ridge Rd (NYS Rte 137)|WEST Side
Pound Ridge, NY 10576
Application ID: 3-5546-00029/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Pound Ridge, Westchester County
Project Description:
The applicant proposes to fill 1.05 acres of State-regulated wetlands D-47 and D-58 in conjunction with golf course construction (fairways and golf cart tracks). As mitigation, 2.14 acres  of wetlands will be created on-site. Also requested are stream disturbance permits for 2 golf cart bridges over headwaters of the Mianus River (Class: "AA"). Work is proposed in conjunction with the expansion of the existing Pound Ridge Golf Course from 9 holes to 18, on an overall site of 173 acres. A detailed Stormwater Pollution Prevention Plan has been prepared. The location is west of NYS Route 207 just north of the Connecticut state line.
State Environmental Quality Review (SEQR) Determination:
A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency:
Pound Ridge Town Planning Board
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 an impact on registered or eligible archaeological sites or historic structures. The department must consult further with OPRHP before making a final decision regarding the issuance of the permit.
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 Apr 15 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

Region 3 SEQR and Other Notices Region 3 SPDES Renewals