Region 1 SEQR and Other Notices Region 1 SPDES Renewals

ENB Region 1 Completed Applications 09/28/2005

Nassau County

Applicant: Sprague Energy Corp
2 International Dr - Ste 200
Portsmouth, NH 03801
Facility: Sprague Energy Corp - Oceanside Marine Terminal
7 Hampton Rd
Oceanside, NY 11572
Application ID: 1-2820-01104/00019
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Hempstead, Nassau County
Project Description:

    The Department has prepared a Draft Permit and has made a tentative determination to approve this application for a change from Title V to Air State Facility permit. Sprague Energy Corp facility distributes gasoline and distillates. The facility operates a total of six (6) bulk petroleum storage tanks with internal floating roofs for the storage of gasoline and ethanol, one (1) boiler with the capacity of 12 million Btu/hr, one (1) petroleum loading rack with six (6) gasoline and distillate loading bays, and one (1) vapor recovery unit for controlling emissions from loading bays. The facility is capped on volatile organic compounds and hazardous air pollutants emissions at 22.5 tons/year each and daily gasoline throughput of 2,304,000 gallons. The owners/operators of the facility are required to conduct stack testing on the vapor recovery unit,  keep records of sulfur contents in fuel oils and amounts of gasoline dispensed to customers, and maintain proper maintenance procedures associated with the operation of the equipment.

    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 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.
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 Oct 28 2005.
Contact: Susan Ackerman
NYSDEC Region 1 Headquarters
SUNY @ Stony Brook Building 40
Stony Brook, NY 11790
(631)444-0365
r1dep@gw.dec.state.ny.us

Suffolk County

Applicant: New York Power Authority
123 Main St
White Plains, NY 10601
Facility: Richard M Flynn Power Plant
607 Union Ave
Holtsville, NY 11742
Application ID: 1-4722-00926/00006
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Brookhaven, Suffolk County
Project Description:
    The Department has drafted the Title IV and Title V permits, pursuant to Article 19 (Air Pollution Control)of the NYS Environmental Conservation Law (ECL) and made tentative determination to approve the applications that renew these permits for the applicant's Richard M. Flynn Power Plant facility, located at 607 Union Ave, Holtsville, NY.

    The facility consists of one Siemens turbine rated at 1146 MMBTU/hr when firing natural gas and 1291 MMBTU/hr when firing No. 2 fuel oil (back up fuel).  The gas turbine is equipped with an inlet air fogger.  A heat recovery steam generator uses the exhaust from the gas turbine to generate additional electricity.  The combined cycle (gas turbine and steam turbine) generates 150 MW of power for sale to LIPA.  The control equipment includes Dry Low NOx Combustor within the turbine in combination with water injection to reduce NOx emissions.  The Title V permit requires continuous emission monitoring of NOx and CO, wet and dry O2 emissions.
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 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 Title V and Title IV 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 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.

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 IV or 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.

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 Oct 28 2005.
Contact: Carol A Farkas
NYSDEC Region 1 Headquarters
SUNY @ Stony Brook Building 40
Stony Brook, NY 11790
(631)444-0365
r1dep@gw.dec.state.ny.us

Applicant: Caps Realty Holdings LLC
C/O Peter Williams Jr
274 Middle Island Rd
Medford, NY 11763
Facility: Caps Realty Holdings LLC Property
4062-169 Grumman BLVD|SCTM # 600-135-1-7.22, P/O7.35
Calverton, NY
Application ID: 1-4730-01325/00001
Permit(s) Applied for: Article 15 Title 27 Wild, Scenic & Recreational Rivers
Project is Located: Riverhead, Suffolk County
Project Description:
The applicant proposes to remove an existing perimeter fence, install a new perimeter fence and construct a shed and three silos in order to manufacture fencing.  The project is located within the NYSDEC regulated Wild, Scenic & Recreational River corridor for the Peconic River and requires a variance from the use guidelines.  The project is located at: 4062-169 Grumman Boulevard, Calverton, Town of Riverhead, Suffolk County.  SCTM # 600-135-1-7.22, part of 7.35.

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 Oct 17 2005.
Contact: Naomi J Handell
NYSDEC Region 1 Headquarters
SUNY @ Stony Brook Building 40
Stony Brook, NY 11790
(631)444-0365
r1dep@gw.dec.state.ny.us

Applicant: Suffolk County
H Lee Dennison Bldg
Hauppauge, NY 11788
Facility: Riverhead County Center
Center Drive, N/S Center Drive (COUNTY Road 51), S/S Sr 24 (COUNTY Rd 94)
Riverhead, NY 11901
Application ID: 1-4736-06637/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Article 15 Title 27 Wild, Scenic & Recreational Rivers
Project is Located: Southampton, Suffolk County
Project Description:
The applicant proposes to construct a 21,173 square foot two-story addition (with a footprint of
11,565 square feet) to an existing two-story court record storage facility on the site.  In addition,
the applicant proposes to perform renovations and conduct improvements to the main county
center building including installation of a new child care play area underlain with rubber mulch
over filter fabric, installation of new concrete walkways, construction of a new paved child care
drop off area and improvement of a parking area.  The facility is located at 100 Center Drive
(County Road 51), south of Nugent Drive (County Road 94) in the hamlet of Riverhead in the
Town of Southampton (SCTM # 900-137-1- lot 27).

State Environmental Quality Review (SEQR) Determination:
Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.
SEQR Lead Agency:
Central Pine Barrens Commission
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 Oct 17 2005.
Contact: John W Pavacic
NYSDEC Region 1 Headquarters
SUNY @ Stony Brook Building 40
Stony Brook, NY 11790
(631)444-0365
r1dep@gw.dec.state.ny.us

Applicant: Belvedere Property Management LLC
PO Box 301
New Suffolk, NY 11956
Facility: Belvedere Property Management Property
First ST|SCTM # 1000-117-8-19 & 20
New Suffolk, NY 11956
Application ID: 1-4738-00949/00020
Permit(s) Applied for: Article 25 Tidal Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Excavation & Fill in Navigable Waters
Project is Located: Southold, Suffolk County
Project Description:
The applicant proposes to enlarge an existing sand dune, plant the dune with cape american beach grass, rosa rugosa, and bayberry; construct 300 feet of new bulkhead to replace a non-functional bulkhead; install a float; place 52 cubic yards of fill on the site; and plant the area with Spartina alterniflora.  Vegetated tidal wetlands located landward of the non-functional bulkhead may be filled as a result of the new bulkhead construction. The parcel is located in Cutchogue Harbor and Great Peconic Bay, which is considered a NYSDEC regulated tidal wetland.   The project is located at First Street, south of Jackson Street, New Suffolk, Town of Southold, Suffolk County.  SCTM # 1000-117-8-20.

                

                
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 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 Oct 17 2005.
Contact: Naomi J Handell
NYSDEC Region 1 Headquarters
SUNY @ Stony Brook Building 40
Stony Brook, NY 11790
(631)444-0365
r1dep@gw.dec.state.ny.us

Applicant: Peconic Land Trust Incorporated
30 Jagger Ln
PO Box 2088
Southampton, NY 11969 -2088
Facility: Harper Preserve
1920 Lake Dr
Southold, NY 11971
Application ID: 1-4738-03504/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Article 25 Tidal Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 3 Aquatic Pesticides
Article 15 Title 5 Excavation & Fill in Navigable Waters
Project is Located: Southold, Suffolk County
Project Description:
Applicant proposes to chemically control the spread of Phragmites by applying Rodeo  to 1/3 acre of wetland. Project is located at Harper Preserve, Lake Drive, Southold.
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 not performed.
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 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 Oct 14 2005.
Contact: Kendall P Klett
NYSDEC Region 1 Headquarters
SUNY @ Stony Brook Building 40
Stony Brook, NY 11790
(631)444-0365
r1dep@gw.dec.state.ny.us

Region 1 SEQR and Other Notices Region 1 SPDES Renewals