ENB Region 2 Completed Applications 03/01/2006

The applicant proposes to maintenance dredge approximately 24,000 cubic yards from the North Cove Marina, at Battery Park City in Lower Manhattan.  Dredged material shall be transported to a licensed disposal facility.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. This is a Title V Permit Renewal for the facility that provides heat and hot water to an apartment complex consisting of twelve buildings with 1,600 apartments using three boilers that discharge through one common stack. The facility is subject to the provisions of Title V for sulfur dioxide; 6 NYCRR 225-1; 6 NYCRR 227-1.3, particulate and smoke emission limitations; 6 NYCRR 227-2.4(d), RACT; and 6 NYCRR 227.2(b)(1), particulate emission limit for oil fired stationary combustion. 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 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 Department is proposing to modify the SPDES permit for the Charles Poletti Power Project. Poletti burns either natural gas or #6 fuel oil to produce a maximum of 885 MW using a once-through cooling system.  The once-through cooling system withdraws water from the East River with a nominal cooling water flow of 622 million gallons per day (MGD).  The cooling water intake consists of two circulating water pumps with variable speed motors, two screenwash pumps, two service water pumps with variable speed motors, four traveling screens, and four trash racks.  The facility began operations in 1977, but according to a stipulation agreement will cease operation as early as 1 February 2008, but no later than 1 February 2010    

     This SPDES permit authorizes the discharge of non-contact cooling water, treated wastewater, boiler blowdown, and storm water to the East River.  The modifications to the SPDES permit being contemplated by the Department includes an update of monitoring information, and requires NYPA to submit data and analyses related to the once-through cooling system.  The information will be utilized by the Department to determine best technology available for minimizing adverse impacts to the aquatic resources of the east River.  NYPA will also be required to review possible technologies and operational measures to minimize aquatic impacts.  The information is being requested pursuant to 6 NYCRR Part 704.5 and 40 CFR 125 - Subpart J.

    The Charles Poletti Power Project is located in Astoria, Queens

    A copy of the draft SPDES permit and fact sheet are available for review at the DEC Region 2 office or by calling the contact listed below.

The applicant proposes to construct a one family house including swimming pool within the adjacent area of NYSDEC regulated Class I Freshwater Wetland AR-12 - Arbutus Lake. The proposed house will be located between 66 and 77 feet from the wetland boundary. Since the area is not served by sanitary sewers, a septic system is proposed to be constructed over 130 feet from the wetland boundary. The existing open space area between the wetland and the house will remain undeveloped. The project site is located at 67 Nicolosi Loop, Staten Island, Block 6475 - Lot 110.

The applicant proposes to construct an approximately 2,000 square-foot, three-story, mixed use commercial and residential building, demolish an existing two-car garage, create a 38-space parking lot, and renovate and lease for a funeral home business and existing building on Richmond County Tax Block 7534, Lots 186 and 189, located at 6389 and 6395 Amboy Road, Staten Island, New York.  A portion of the project site falls within the regulated adjacent area of DEC Freshwater Wetland No. AR-27 (Mill Creek). A naturally vegetated buffer area at leat 25 feet wide shall be maintained between the developed areas of the site and the wetland at the rear of the property.