ENB Region 3 Completed Applications 07/20/2005

The applicant proposes to apply the liquid aquatic herbicide Avast! (active ingredient: Fluridone- 41.7%) to Emmadine Pond in its entirety.  Emmadine Pond is 12.9 acres in size with an average reported depth of 8 feet.  These  treatments are proposed for the control of invasive nuisance European watermilfoil (Myriophyllum spicatum.)

This proposal is consistent with the Supplemental Programmatic Environmental Impact Statement (on the use of the aquatic herbicides Fluridone and Glyphosate) prepared by the Department of Environmental Conservation and their Findings dated 25 Jan 1995. Emmadine Pond is wholly owned by the Town of East Fishkill.  Enforcing water usage restrictions, as prescribed in product labelling, is the responsibility of the applicant. Application materials are available for public review and comment at the NYS DEC Central Office in Albany.

The applicant proposes crossings of State-designated Freshwater Wetland Nos. WF-2, WF-25, and WF-34, and a Class B subtributary of Wappingers Creek (DEC Water Index No. H-101-4-2-1)  for the construction of a 232-lot residential subdivision to be known as Cranberry Hills.  The 328-acre project site is located generally south of Widmer Road and north of Myers Corners Road (Dutchess County Route 93) in the vicinity of Ketcham High School.  Impact to State-designated wetlands and the 100-foot adjacent areas will total approximately 1.12 acres and 8.58 acres, respectively.  In addition, approximately 1.69 acres of federally-regulated wetlands will be impacted by the project.  Project impacts include construction of roadway crossings, stormwater management measures, utilities and miscellaneous amounts of clearing.  The remainder of the total 70.01 acres of wetlands on the site will be avoided and included in a conservation easement.

The applicant proposes to modify portions of Freshwater Wetland ML-7 (Class II) and the 100 foot adjacent area in order to construct improvements to an existing transmission tower. Activities proposed within the Freshwater Wetland and its adjacent area include clearing of vegetation,  construction of a new cable bridge built on piers, and construction of underground utility conduit, utility cabinets on a concrete pad, and a new gravel access drive. The total area of disturbance to the wetland is less than 0.01 acre; the total area of disturbance to the adjacent area is less than 0.07 acre. The project is located on the south side of Secor Road, east of Wood Road in the Town of Putnam Valley, Putnam County.

The applicant proposes to construct a rock fill crib supported fixed dock of approximately100 linear feet with crib supports spaced  approximately 16 feet apart.  Total fill volume of 1800 cubic feet is anticipated.  The project is located at 144 River Road, Grandview, Rockland County.

    The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and made a tentative determination to approve this application for the Applicant’s facility located in Valhalla, Westchester County.

    An Air State Facility permit is required for Blythedale Children’s Hospital to limit emissions of nitrogen oxides (NO_x). NO_x emissions from the facility will be limited to 24.0 tons per year to remain below Title V thresholds.  The facility is subject to the requirements of 6NYCRR Parts 225-1 and 227-1. Emission sources include three boilers (each rated at less than 10 million BTU per hour), an emergency generator, and an engine for the chillers.  These sources are exempt from permitting, as specified in 6NYCRR Part 201-3, and are not defined in the permit.

    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 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 files, including  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.