ENB Region 4 Completed Applications 06/08/2005

The applicant proposes to construct a concrete block 60 foot long retaining wall along Bull Run stream to control erosion.  The site is located on Main Street south of Bridge Street, in the Village of Margaretville.

The applicant proposes to reconstruct the aggraded and braided channels of Dry Brook and Sands Creek that were damaged by the flood of April 2005.  The work will consist of recreating a stable channels and armoring any scoured bank araes with large rock. Approximately 185' of Dry Brook will be reconstructed and 326' of Sands Creek.  The project is located at the intersection of Dry Brook Road and Sands Creek Road.

The Department has proposed an Air State Facility Permit for the application that was received for the Kraft Foods Global Inc. facility located at 261 Delaware Street, Town of Walton, County of Delaware, owned by Kraft Foods North America Inc., Winnetka, Illinois.  The facility manufactures and processes dairy products for consumer consumption.  The permit is for installing a new NSPS boiler under 40 CFR 60 Dc and combining their old permits into one State Facility Permit.  The proposed Air State Facility Permit will combine the existing Certificates to Operate and installation of a new NSPS boiler into a single permit.  In order to continue to remain below the applicability threshold for Title V permitting, the applicant has proposed restricting the potential to emit through enforceable permit conditions which will limit or cap emissions at a level which is less than 100 tons per year for Oxides of Nitrogen.  The applicant has agreed to permit conditions which will limit Oxides of Nitrogen by fuel restrictions on the amount of number 2 oil and natural gas that can be fired.  The facility will be required to maintain records and report this data to verify compliance with permit conditions and limits.

Persons wishing to inspect the subject Air State Facility 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 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 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 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 exists.  A copy of the Department’s permit hearing procedures is available upon request or on the Department’s web site at:

The Air State Facility Permit, ID number 4-1256-00013/00012, is available for review at the Region 4 sub-office.   Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft Air State Facility Permit.

The applicant proposes to replace a six foot high stone gabion retainin wall along approximatley 500 feet of East Brook on County Route 22.  The proposed replacement involves the construction of a pprefabricated precast concrete retaining wall system that will be installed within the existing gabion wall footprint.  The project is located on County Route (East Brook Road) approximately 1/2 mile north of the Village of Walton line.

    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 through a sand filter of up to 2,400 gallons per day of treated sanitary waste to the Canjoharie Creek.

    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 1371

The applicant proposes to stabilize approximatley 1,700 feet of stream channel of Fly Creek.  The project consists of excavation and fill to create a new stream channel, install instream structures to provide bank protection and grade control, and install bioengineering practices.  The project is located off Bray Road, approximately 1,300 feet south on State Route 30A from its intersection with State Route 20.