ENB Region 3 Completed Applications 09/28/2005

The applicant proposes to install a sanitary sewer forcemain across a portion of State-designated Freshwater Wetland WF-6 (Class II) for the purposes of serving a new 63-lot residential subdivision to be known as Shamrock Hills.  The project site is a parcel of approximately 104 acres located on the north side of Olde Hopewell Road (Co. Rte. 28), approximately 1.9 miles east of the intersection with US Rte. 9.  Within the proposed subdivision, the work includes crossing about 60 linear feet of the wetland and about 490 linear feet of the wetland 100-foot adjacent area for installation of the 8-inch diameter sewer forcemain.  In addition about  27,000 square feet of the wetland 100-foot adjacent area located within an existing utility corridor will be regraded for installation of sanitary and storm sewer lines.  Additional off-site utility work includes the installation of parallel sanitary sewer and water mains across approximately 300 feet of the wetland near Old Hopewell Road.

The applicant proposes to construct a Planned Adult Community of up to 480 dwelling units to be known as the Village at Goodwill, along with related retail space, personal service, food service, office uses, and recreational amenities, including a 9-hole golf course, and centralized wastewater treatment and water supply facilities.  The 191-acre project site is located on the north side of the Goodwill Road/Neelytown Road intersection and contains portions of State-designated Freshwater Wetland WD-29 and unnamed tributaries of the Wallkill River.  About 0.45 acres of federal and state-regulated wetlands are proposed to be filled for the construction of roadways.  In addition, portions of the 100-foot wetland adjacent area will be impacted by construction of stormwater management measures, road crossings, and the wetland mitigation site.

The Department has made a tentative determination to approve this application for a SPDES permit to discharge up to 80,000 gallons of treated wastewater per day to an unnamed tribuary to the Wallkill River (Water Index No. H-139-13-37-1;  Class C).  The permittee will be required to maintain records and report data to verify compliance with the SPDES permit conditions and discharge limits.  A draft SPDES permit is available for review at the DEC Region 3 headquarters in New Paltz (SPDES No. NY-0271098).  A stormwater pollution prevention plan has also gbeen prepared for the site pursuant to the SPDES General Permit for Stormwater Discharges from Construction Activities (GP-02-01).

In addition, the sponsor proposes to construct a new water supply, storage, and distribution system and take up to 68,700 gallons of water per day from three new production wells to serve the development with potable water.

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

    The facility, Gotham Ink Corporation, manufactures printing inks.  Volatile organic compound emissions from the facility are limited to 24.5 tons per year and particulate emissions are limited to 0.050 grains per cubic foot.  Since emission are below major source thresholds, the facility is not subject to Title V requirements.

    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 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 applicant proposes the placement of approximately 90 feet of drainage pipe with a riprap outfall within the 100 foot adjacent area of freshwater wetland S-2, to provide surface runoff and groundwater drainage for the promotion of slope stability, as part of the construction of a pool and deck attached to an existing single family dwelling.

    The State Pollutant Discharge Elimination System (SPDES) permit for the NYCDEP Catskill/Delaware drinking water Filtration Pilot has undergone a permittee-initiated modification.  This modification was undertaken in accordance with an application received by DEC on 04 Febryary 2005 and included the addition of a sixth outfall to the permit, which releases filtered drinking water to the Kensico Reservoir via Shaft #18 (in the town of Mt. Pleasant, Westchester County), and an administrative update of permit pages and recieving waterbody classification.

    SPDES Permit Number NY 025 9276