ENB Region 3 Completed Applications 05/11/2005

    The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL)  of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the Applicant’s facility located in Vails Gate, Orange County, New York.

    The facility manufactures vinyl floor tiling.  Emissions include particulates, vinyl acetate, vinyl chloride, nitrogen oxides, and sulfur dioxide.  Vinyl acetate (a hazardous air pollutant) and sulfur dioxide emissions are capped to stay below major source thresholds. Therefore, the facility is not subject to Title V and Maximum Achievable Control Technology (MACT) requirements.  The facility is subject to a particulate standard of 0.05 grains per cubic foot and an opacity limit of 20 percent.

    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©), the Administrator of the United States Environmental Protection Agency (USEPA)  has the authority to bar issuance of any  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 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 Village of Kiryas Joel has applied for a Water Supply permit to add a new well (Well #28) adjacent to the Ramapo River be pumped at a rate of 450 gallons per minute (gpm). The 45-foot deep well was drilled into a 25-foot thick sand and gravel aquifer which extends underneath the Ramapo River but which is vertically isolated from the River by a 20-foot thick layer of silty clay. The Village conducted a 72-hour pumptest while monitoring the River's flow and observation wells located as far away as 1,100 feet from Well #28.  The Village's nearby Brenner Wellfield wells is not hydraulically connected to Well #28 because those are deep bedrock wells which draw from a different aquifer.

       Well #28 is located near the Town of Monroe's Archer Road Well (another deep rock well) between the abandoned railroad bed and the Ramapo River, approximately one-half mile off NYS Rt 17M, in the Town of Monroe, Orange County, NY.

The Department has made a tentative determination to approve this application for a new SPDES permit for an initial surface discharge (Outfall 001) of 54,340 gallons per day (gpd) of treated sanitary wastewater in conjunction with the construction of the proposed Campus at Field Corners project. The SPDES permit will also allow the discharge to increase in the future up to 68,000 gpd.  The residential project includes construction of 143 single family homes with associated internal roadways, a new wastewater treatment plant (WWTP) with outfall to Beaver Brook, Class C(ts), stormwater management facilities including five stormwater detention basins, and various other improvements on a 327-acre parcel. The applicant also proposes to widen Barrett Road and construct improvements to the intersection of Pugsley Road and NYS Route 312, install utility lines and grade portions of  Freshwater Wetlands LC-18 (Class II) and LC-28 (Class II) and the associated 100 foot adjacent areas of these wetlands. The total area of disturbance to the two NYS Freshwater Wetlands is 0.09-acre; the total area of disturbance to the adjacent areas of these wetlands is 3.13-acres. Approximately 3.25-acres of adjacent area of these wetlands will be replanted with native vegetation at the project site as mitigation. Construction of the WWTP component of the project includes construction of primary, secondary, and tertiary clarifiers, equalization tanks, and sand filtration, aeration, and ultraviolet (UV) disinfection systems. The proposed project has been approved by New York City Department of Environmental Protection for participation in the Phosphorus Offset Pilot Program. Potable water is proposed to be supplied by two new wells at a rate of up to 78, 010 gpd. The proposed water supply system includes disinfection, storage and distribution systems.  The project is located on the west side of Pugsley Road and is bisected, east to west, by Barrett Road in the Town of Southeast, Putnam County.  Draft Water Supply and SPDES permits are available for inspection and comment at the regional office.

    The Department of Environmental Conservation (DEC) has received an application to re-issue/re-new  the following pre-existing EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue/re-new this pre-existing permit for a five year term maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge of up to 6,750 gallons per day of treated sanitary waste to a tributary of the Sandbury Creek and Silver Lake.

    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.  To be called substantive, 6 NYCRR Part 621.7 requires public comments "explain the basis of opposition and explain specific grounds..." for opposition.

    SPDES #:  NY 010 1061

The applicant proposes to redevelop an existing single family homesite to a Hudson River Water Trail stop.  Activities included in the project are demoliton and removal of an single family residence and associated impervious area; removal of approximately 125 feet of hard shoreline structure with restoration to a more natural shoreline; creation of songbird habitat; creation of a non-motorized boat launch area; installation of a composting toilet; and, installation of a wooden pavilion, picnic tables and log benches. The project is located at Esopus Meadow Point (287 River Road) in the Town of Esopus, Ulster County.

The applicant proposes to build a Drive-Thru Coffee Shop at the site of a former bait shop.  The proposal will require disturbance of a 450 square foot area of Freshwater Wetland KW-3 and a 12,000 square foot area of the 100 foot wetland adjacent area in order to construct a driveway access and a portion of the coffee shop building.  This project is located on the west side of Route 28, approximately 1,200 feet south of the intersection with Beesmer Road.   

The applicant proposes to construct a 6 lot subdivision with individual wells and septic systems within and adjacent to portions of NYSDEC freshwater wetland CD-11 (Class II) and includes a crossing of an unnamed tributary of Black Creek (Water Index Number H-128-6-2, Class B(T)).  The project is located on the west side of Pancake Hollow Road, approximately 3/4 of a mile north of its intersection with Bailey's Gap Road in the Town of Lloyd, Ulster County.

The Dykeer Water Company has applied for a Water Supply permit (WSA #10,751) to add 2 new wells; Well #4 at 5 gal. per minute (GPM) and Well #6 at 16 GPM to supplement diminishing yields from its existing Wells #1 and 2 in order to serve the existing Willows Condominium Complex.  The applicant conducted a 72-hour pumptest and monitored 4 off-site private wells for possible interference.  This test indicate that the aquifer can safely supply the above requested amounts of water without interfering with surrounding private water supply wells.  The wellfield is located off State Route 202 near Plumb Brook, in the Croton Falls portion of the Town of Somers, Westchester County New York.