Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 12/07/2005

Orange County

Applicant: Joseph R Dimartino
Facility: Dimartino Property
Rock Cut Rd - 600 Ft N of Woodland Dr
Walden, NY 12586
Application ID: 3-3346-00345/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Newburgh, Orange County
Project Description:
Applicant proposes to improve a farm vehicle access road by placing up to one foot of clean fill over the existing earth road.  This farm road is located west of Rock Cut Road, approximately 600 feet to the north of Woodland Drive and provides access to several agricultural fields.  The improved road will vary in width from approximately 15 feet to 20 feet.   The total length of road to be improved is approximately 2,500 feet and a portion is located within the 100 foot adjacent area of Freshwater wetland NB-13 (Class II).
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 Dec 23 2005.
Contact: Alexander F Ciesluk, Jr
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Rockland County

Applicant: Mirant Bowline LLC
Four Executive Blvd Suite 100
Suffern, NY 10901
Facility: Bowline Point Generating Station
Samsondale Ave
West Haverstraw, NY 10993
Application ID: 3-3922-00003/00003
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Haverstraw, Rockland County
Project Description:

The New York State Department of Environmental Conservation (“Department”) proposes to renew and modify the State Pollutant Discharge Elimination System (SPDES) Permit for Units 1 & 2 at the Bowline Point Generating Station (Bowline). The draft modified permit requires that the permittee, Mirant Bowline, LLP, reduce entrainment and impingement impacts to aquatic organisms of the Hudson River from the operation of the Bowline once-through cooling water withdrawal.

Department Staff has reviewed information submitted by the applicant related to the reduction of entrainment and impingement at Bowline. A tentative determination has been made to approve this application and a draft permit www.dec.state.ny.us/website/dcs/eisanddp/index.html has been prepared. The background documentation supporting this determination is available in the "fact sheets" and the administrative record for the project.

Please click on the link below to review the Announcement of Public Comment Period and Availability of Draft Permit, Legislative Public Hearing and Issues Conference for details regarding the draft modified SPDES permit, supporting documentation, the legislative hearing and issues conference:

www.dec.state.ny.us/website/ohms/notices/bowlinen.html


State Environmental Quality Review (SEQR) Determination:
A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency:
NYS Department of Environmental Conservation
State Historic Preservation Act (SHPA) Determination:
A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.
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 Jan 24 2006.
Contact: Kevin A Kispert
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Sullivan County

Applicant: Eldred Ctl Sch Dist
600 Rt 55
PO Box 249
Eldred, NY 12732 -0249
Facility: George Ross Mackenzie Elementary School
1045 Proctor Rd
Glen Spey, NY
Application ID: 3-4838-00046/00001
Permit(s) Applied for: Article 15 Title 5 Stream Disturbance
Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Lumberland, Sullivan County
Project Description:
The Department has made a tentative determination to approve this application for modification to an existing SPDES permit # NY-050740 for George Ross Mackenzie Elementary School, located on Proctor Road in Glen Spey, to discharge up to 10,000 gallons of treated wastewater per day to an unnamed tributary to Mill Brook (Water Index # D-16-2;  Class B(t)).  

The applicant proposes to replace the current treatment system, a subsurface septic system which is failing, with a sand filter treatment system and surface discharge.  The sand filter effluent will undergo chlorine disinfection prior to entering the stream.  Construction of the sanitary system outfall will include disturbance to no more than 20 linear feet of the tributary of Mill Brook.  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 with DEC proposed effluent limits and monitoring requirements is available for review at the DEC Region 3 headquarters in New Paltz.
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 performed.
SEQR Lead Agency:
Eldred Ctl Sch Dist
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 Jan 6 2006.
Contact: Rebecca S Crist
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Applicant: Sullivan County
Government Ctr 100 North St
Monticello, NY 12701
Facility: Sullivan County Landfill
91 Landfill Drive
Monticello, NY 12701 -3835
Application ID: 3-4846-00079/00019
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Thompson, Sullivan County
Project Description:
      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 Title V Permit Renewal 1 for the Applicant’s facility located in the Village of Monticello, Sullivan County.
The subject of this Title V permit Renewal 1 relates to the reauthorization of the existing permitted  Sullivan County Landfill operations through Phase I cells 1 - 6.  The landfill is currently permitted to operate a Solid Waste Management Facility under 6 NYCRR Part 360 (Permit No. 3-4846-00079/00002-0 SWMF 53503).  The Phase II expansion is a separate preceding which will require modification to this renewal permit 1.
    The Sullivan County Landfill is a municipal solid waste (MSW) landfill facility located on 260 acres of County-owned land situated in the Village of Monticello, New York.   The Standard Industrial Classification (SIC) for this facility is 4953 - Refuse Systems.
    The Facility consists of a closed and capped area, an active area cells 1 through 5 and a cell 6 expansion area.  The closed and capped areas were active between 1963 and 1994. Total design volume for this portion of landfill included approximately 2 million cubic yards.  Cells 1 through 5 began receiving waste in 1994 and have a design capacity of approximately 3.166 million cubic yards.  Cells 1 through 3 are at or near design capacity. Cells 4 and 5 have been constructed and are currently receiving waste.  Construction of the planned cell 6 expansion is pending with a design capacity of  375,000 cubic yards. Cell 6 is expected to operate from 2006 through 2008.
    The Facility has commenced construction, reconstruction or modification or began accepting waste on or after may 30, 1991 and is subject to Federal New Source Performance Standard 40 CFR Part 60 Subpart WWW-Standards of Performance for Municipal Solid Waste Landfills as well as  40 CFR Part 63 Subpart AAAA - National Emission Standards for Hazardous Air pollutants for Source Categories.  The facilities design capacity is greater than 2.5 million cubic meters is a major source for sulfur dioxide emissions and is therefore subject to Title V Air Facility permitting.
    The gas collection system installation and operation is subject to the monitoring, recordkeeping and specification requirements of  40 CFR Part 60 Subpart WWW.  This includes monthly wellhead parameter monitoring and quarterly methane surface monitoring.  Collected landfill gas from the landfill complex is conveyed to the existing 1,200 cfm and 2,000 cfm landfill flares.
    The facility has been identified as a major source of sulfur dioxide emissions.  Facility emissions are estimated as follows: Oxides of nitrogen less than 100 tons per year, sulfur dioxide between 150 and 200 tons per year, carbon monoxide less than 100 tons per year, particulate less than 100 tons per year, volatile organic compounds (excluding methane) less than 50 tons per year and hazardous air pollutants less than 25 tons per year.  New Source Review (NSR) and Prevention of Significant Deterioration (PSD) does not apply to this facility.
    The facility air permit contains two specific emission units including 1-LFGAS and 2-LEACH.
    1-LFGAS defines the closed and active landfill contributing to the generation of landfill gas and the apparatus necessary to collect and combust (flare) the landfill gas.
    2-LEACH consists of four 395,000 gallon aboveground storage tanks for the storage of leachate and a leachate pretreatment facility.
    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 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 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: 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 Jan 13 2006.
Contact: Michael D Merriman
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Ulster County

Applicant: Neil Stein
Facility: Stein Property
201 McKinstry Rd
Gardiner, NY
Application ID: 3-5124-00183/00001
Permit(s) Applied for: Article 15 Title 27 Wild, Scenic & Recreational Rivers
Project is Located: Gardiner, Ulster County
Project Description:
The applicant proposes to subdivide an existing 8.8 acre parcel into three lots for residential development.  The site is located on the southwest corner of McKinstry Road and Burnt Meadow Road. The resulting lot sizes will be 3.3, 2.5, and 2.9 acres.
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:
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 Dec 23 2005.
Contact: Scott E Sheeley
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Applicant: Town of Shandaken
PO Box 134 Rte 28
Shandaken, NY 12480 -0134
Facility: Crystal Springs Brook
Crystal Springs Brook @ Old Railroad Grade
Pine Hill, NY
Application ID: 3-5150-00442/00001
Permit(s) Applied for: Article 15 Title 5 Stream Disturbance
Project is Located: Shandaken, Ulster County
Project Description:
The Town proposes to stabilize approximately 85 feet of eroded streambank along the Crystal Spring Brook { H-171-52-4, B(T) }in the immediate vicinity of the Bonnie View Springs water source for the Pine Hill Water District.  Stone rip-rap will be placed within the scoured out area of streambank immediately upstream of the springs.  A temporary stream crossing road using mud mats and stone with fabric material will be used to provide access to the repair area during construction.  This crossing will be upstream of the water treatment facility.  The site is located in the Hamlet of Pine Hill.
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:
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 Dec 23 2005.
Contact: Alexander F Ciesluk, Jr
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Region 3 SEQR and Other Notices Region 3 SPDES Renewals