ENB Region 3 Completed Applications 08/24/2005

The applicant proposes to construct a 15,500 square foot commercial/office space structure, associated parking and subsurface wastewater disposal system with driveway access and minimal associated grading within the regulated adjacent area of NYSDEC freshwater wetland number PV-51.  The project is located in the Town of Wappinger approximately 500 feet east of the intersection of Airport Drive and Rt 376.

The  Town of Warwick's Wickham Water District  has applied for a Water Supply permit (WSA #10,802) for permanent use of Well #10 at a maximum rate of 60 gallons per minute, to supplement the District's four existing wells.  Well #10 is located on 1.66 acres of Town owned land off Airport Road, immediately west of the Warwick Municipal Airport, in the Town of Warwick, Orange County, NY

The DEC has tentatively approved an application for an industrial State Pollutant Discharge Elimination System (SPDES) Permit to serve the Pelleh Poultry Farm in the Town of Bethel, Sullivan County.  The draft permit authorizes the land application (on Pelleh Poultry property) of wastewaters generated through poultry processing via a tank and tractor system.  Applications will only be authorized during the months of May through November.  No spreading will occur during periods of precipitation and rest periods shall be observed following each application.  Wastewaters will be stored in an aerated lagoon pending land spreading.  The draft permit includes monitoring requirements and the submission of an Operation and Maintenance Plan to DEC for approval prior to operation of the aeration lagoon.  The draft permit is available for review at the DEC Central Office in Albany.  SPDES Number:  026 4911

The applicant proposes to construct two bridge crossings over Jaketown Creek (Class B) and through a portion of the 100 foot adjacent area of Freshwater Wetland LH-13 (Class II) in conjunction with the construction of a 52  lot residential subdivision on an 388+acre parcel.  Approximately 100 linear feet along Jaketown Creek will be disturbed as a result of construction of the two bridges.  The total area of disturbance to the adjacent area of the wetland is approximately 1.11 acre;  no disturbance is proposed within Freshwater Wetland LH-13.  The project is located south of Taylor Road and west of Swiss Hill Road, and encompasses the greater part of Kenoza Lake and the southern shore of Hust Pond in the Town of Delaware, Sullivan County. A stormwater management plan has been prepared and is available for review.

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

    SUNY New Paltz is a  four (4) year State University located in the village of New Paltz, Ulster County.  A Central Heating Plant consisting of two (2) 60 mmBTU/hr and (1) 30mmBTU/hr high temperature hot water (HTHW) generators service the facility. Each HTHW generator fire No. 2 fuel oil/natural gas, are equipped with cyclone separators (particulates) and low NO_x burners. The standard Industrial Classification for this facility is 8221-Colleges and Universities.

    Facility wide emissions of oxides of nitrogen (NO_x) and Sulfur Dioxide (SO₂) have been limited below major stationary source thresholds.  Applicable requirements include limited sulfur in fuel, limited opacity and enforceable capping conditions.  Other sources of emissions include exempt boilers/furnaces, exempt emergency generators, exempt laboratory hoods and exempt spray booth.

    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 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 http://www.dec.state.ny.us/website/ohms/gudph1.htm.