ENB Region 3 Completed Applications 03/15/2006

Dutchess County
Applicant:	Pioneer Realty Holdings LLC 41 Annett Ave Edgewater, NJ 07020
Facility:	Pioneer Holding Site 2231 Us Rte 9 Fishkill, NY
Application ID:	3-1330-00177/00001
Permit(s) Applied for:	Article 24 Freshwater Wetlands
Project is Located:	Fishkill, Dutchess County
Project Description:
The applicant proposes to reconstruct and expand the existing concrete building pad currently located within the 100-foot wide adjacent area of Freshwater Wetland #WF-12 (Class 2). They propose to replace the existing concrete building pad and expand it by approximately 15 feet on the northwest side, which is parallel to the wetland, and by approximately 5 feet on the side facing the wetland. This would allow the construction of a new 20,000 square-foot warehouse with a disturbance of only 0.1 acres of the adjacent area of this freshwater wetland. There would be no disturbance of the freshwater wetland itself which is located further to the rear of the property. The proposed building pad reconstruction and expansion for a warehouse is located on a 3.84 acre parcel of land on the east side of NYS Rt 9, approximately 0.6 miles north of its intersection with NYS Rt 52, in the Town of Fishkill, Dutchess County NY.
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:
Fishkill Town Planning Board
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 Mar 31 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

Applicant:	Scott Kiniry
Facility:	Kiniry Property Mallory Rd Verbank, NY 12585
Application ID:	3-1354-00081/00003
Permit(s) Applied for:	Article 23 Title 27 Mined Land Reclamation
Project is Located:	Union Vale, Dutchess County
Project Description:
The applicant proposes to mine approximately 165,000 cubic yards of sand and gravel from 10.4 acres of a 30 acre site. The project site is located on the south side of North Clove Road (County Route 9), about 0.2 mile west of the intersection with Chestnut Ridge Road (County Route 24). Approximately 6 acres of the site will be mined below the water table to create a 6 acre pond. The material will be processed on site using a portable dry screen with a capacity of 80 cubic yards per hour. The proposed reclamation objective for the site is an open water pond and a single-family home site.
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:
NYS Department of Environmental Conservation
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Apr 14 2006.
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

Orange County
Applicant:	Phillip Johnson
Facility:	Fort Hill Farm Services 58 Fort Hill Rd Goshen, NY 10924
Application ID:	3-3330-00176/00001
Permit(s) Applied for:	Article 27 Title 7 Solid Waste Management
Project is Located:	Goshen, Orange County
Project Description:
The Department of Environmental Conservation has tentatively determined to issue a Solid Waste Management Research, Development and Demonstration (RDD) permit pursuant to 6 NYCRR 360 to Fort Hill Farm Services in Goshen, Orange County. The permit would authorize an experimental project that involves the acceptance and processing of short-fiber paper sludge and fly ash, combined with sawdust and lime for the creation of animal bedding. Bedding will be used in cattle stalls at the project site and other local farms. Project duration will be no longer than 180 days, after which the Department will review summary reports and analysis’ to determine if a Beneficial Use Determination (BUD) is appropriate for this operation.
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 Mar 31 2006.
Contact:	Andrea Sheeran Glick NYSDEC Headquarters 625 Broadway Albany, NY 12233 (518)402-9167 depprmt@gw.dec.state.ny.us

Sullivan County
Applicant:	Jerry Esposito
Facility:	Esposito Property Hartung Rd Highland Lake, NY 12743
Application ID:	3-4834-00114/00002
Permit(s) Applied for:	Article 24 Freshwater Wetlands
Project is Located:	Highland, Sullivan County
Project Description:
The applicant proposes to construct a 4 foot by 400 foot catwalk as an access to Highland Lake. The project is adjacent to and within Freshwater Wetland HL-50 (Class II) on the west side of Highland Lake, east of Hartung Road.
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:
NYS Department of Environmental Conservation
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 Mar 31 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

Ulster County
Applicant:	NYC Dept of Environmental Protection 96-05 Horace Harding Expwy Flushing, NY 11368
Facility:	Bushkill Creek Bridge Route 28A West Shokan, NY 12494
Application ID:	3-5140-00038/00005
Permit(s) Applied for:	Article 15 Title 5 Stream Disturbance
Project is Located:	Olive, Ulster County
Project Description:
The applicant proposes to replace two bridges on NYS Route 28A over the Bush Kill,Class A(t), and Dry Brook, Class A(t), and stabilize approximately 250 linear feet of eroded streambank by constructing new rip-rap streambank protection. Proposed work includes excavation and removal of existing bridge abutments, piers and wingwalls, construction of new bridge superstructure and abutments, and construction of rip-rap streambank and abutment protection. Proposed work also includes construction of a temporary roadway bridge to maintain traffic flows through the area of work. The project is located on State Route 28A approximately 500 feet north of Watson Hollow Road (County Route 42) in the Town of Olive, Ulster County.
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:
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 Mar 31 2006.
Contact:	R Scott Ballard NYSDEC Region 3 Headquarters 21 South Putt Corners Rd New Paltz, NY 12561 (845)256-3054 r3dep@gw.dec.state.ny.us

Applicant:	A G Properties of Kingston LLC 300 Enterprise Dr Kingston, NY 12401
Facility:	Tech City 300 Enterprise Dr Kingston, NY 12401
Application ID:	3-5154-00153/00003
Permit(s) Applied for:	Article 19 Air Title V Facility
Project is Located:	Ulster, Ulster County
Project Description:
The Department has prepared a Draft Title V Permit Renewal 1 pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments for the Tech City facility located in Kingston, Ulster County, New York. The Tech City facility, formerly IBM Kingston, is owned by AG Properties of Kingston LLC. The overall Tech City facility is a complex comprised of numerous buildings suitable for a variety of tenant operations. This Title V permit applies to the existing boiler house which supplies steam and hot water to the overall complex. The primary Standard Industrial Classification Code representative of this facility is 6512 - Operation of Nonresidential Buildings. The existing boiler house facility consists of two 17.5 mmBTU/hr natural gas fired boilers (share a common stack), one 40 mmBTU/hr boiler which combusts No. 6 fuel oil or natural gas and two 40 mmBTU/hr No. 6 oil fired boilers. Each of these boilers are existing which have not undergone construction, modification or reconstruction since 1989. Therefore, 40 CFR SubPart Dc - Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units does not apply. The facility is subject to the requirements of 6 NYCRR Part 225-1 Fuel Composition and Use, and 6 NYCRR Part 227-2 Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx). The facilities potential emissions for sulfur dioxide and oxides of nitrogen exceed the major source pollutant thresholds listed in 6 NYCRR SubPart 201-6. Therefore, the facility is subject to the provisions of Title V. 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: 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 Apr 21 2006.
Contact:	Robert J Stanton NYSDEC Region 3 Headquarters 21 South Putt Corners Rd New Paltz, NY 12561 (845)256-3054 r3dep@gw.dec.state.ny.us

Westchester County
Applicant:	Westchester County 148 Martine Ave White Plains, NY 10601 -4704
Facility:	Bronx River Reservation Scout Field Off Midland Ave Bronxville, NY
Application ID:	3-5524-00137/00001
Permit(s) Applied for:	Article 15 Title 5 Stream Disturbance
Project is Located:	Eastchester, Westchester County
Project Description:
The applicant proposes to stabilize approximately 400 linear feet of eroding stream embankment by constructing a variety of bank stabilization measures and stream channel improvements within the Bronx River, Class C, at its confluence with Laurel Brook, Class B, including construction of stone rip-rap and a new rock vane to reduce stream velocity and redirect stream flow, installation of vegetative mats and plantings, and enhancement of the floodplain by regrading and vegetative plantings. The project is being undertaken to correct existing erosion and to prevent further erosion of stream embankments and to enhance the existing Bronx River Reservation pathway in the vicinity of Scout Field. The project is located south of the intersection of Midland Avenue and Alden Place in the Village of Bronxville, Westchester County.
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:
Westchester County Board of Legislators
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Mar 31 2006.
Contact:	R Scott Ballard NYSDEC Region 3 Headquarters 21 South Putt Corners Rd New Paltz, NY 12561 (845)256-3054 r3dep@gw.dec.state.ny.us

Dutchess County

Applicant:

Pioneer Realty Holdings LLC
41 Annett Ave
Edgewater, NJ 07020

Facility:

Pioneer Holding Site
2231 Us Rte 9
Fishkill, NY

Application ID:

3-1330-00177/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Fishkill, Dutchess County

Project Description:

The applicant proposes to reconstruct and expand the existing concrete building pad currently located within the 100-foot wide adjacent area of Freshwater Wetland #WF-12 (Class 2). They propose to replace the existing concrete building pad and expand it by approximately 15 feet on the northwest side, which is parallel to the wetland, and by approximately 5 feet on the side facing the wetland. This would allow the construction of a new 20,000 square-foot warehouse with a disturbance of only 0.1 acres of the adjacent area of this freshwater wetland. There would be no disturbance of the freshwater wetland itself which is located further to the rear of the property.

The proposed building pad reconstruction and expansion for a warehouse is located on a 3.84 acre parcel of land on the east side of NYS Rt 9, approximately 0.6 miles north of its intersection with NYS Rt 52, in the Town of Fishkill, Dutchess County NY.

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:

Fishkill Town Planning Board

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 Mar 31 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

Applicant:

Scott Kiniry

Facility:

Kiniry Property
Mallory Rd
Verbank, NY 12585

Application ID:

3-1354-00081/00003

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Union Vale, Dutchess County

Project Description:

The applicant proposes to mine approximately 165,000 cubic yards of sand and gravel from 10.4 acres of a 30 acre site. The project site is located on the south side of North Clove Road (County Route 9), about 0.2 mile west of the intersection with Chestnut Ridge Road (County Route 24). Approximately 6 acres of the site will be mined below the water table to create a 6 acre pond. The material will be processed on site using a portable dry screen with a capacity of 80 cubic yards per hour. The proposed reclamation objective for the site is an open water pond and a single-family home site.

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:

NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Apr 14 2006.

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

Orange County

Applicant:

Phillip Johnson

Facility:

Fort Hill Farm Services
58 Fort Hill Rd
Goshen, NY 10924

Application ID:

3-3330-00176/00001

Permit(s) Applied for:

Article 27 Title 7 Solid Waste Management

Project is Located:

Goshen, Orange County

Project Description:

The Department of Environmental Conservation has tentatively determined to issue a Solid Waste Management Research, Development and Demonstration (RDD) permit pursuant to 6 NYCRR 360 to Fort Hill Farm Services in Goshen, Orange County. The permit would authorize an experimental project that involves the acceptance and processing of short-fiber paper sludge and fly ash, combined with sawdust and lime for the creation of animal bedding. Bedding will be used in cattle stalls at the project site and other local farms. Project duration will be no longer than 180 days, after which the Department will review summary reports and analysis’ to determine if a Beneficial Use Determination (BUD) is appropriate for this operation.

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 Mar 31 2006.

Contact:

Andrea Sheeran Glick
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Sullivan County

Applicant:

Jerry Esposito

Facility:

Esposito Property
Hartung Rd
Highland Lake, NY 12743

Application ID:

3-4834-00114/00002

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Highland, Sullivan County

Project Description:

The applicant proposes to construct a 4 foot by 400 foot catwalk as an access to Highland Lake. The project is adjacent to and within Freshwater Wetland HL-50 (Class II) on the west side of Highland Lake, east of Hartung Road.

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:

NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

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 Mar 31 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

Ulster County

Applicant:

NYC Dept of Environmental Protection
96-05 Horace Harding Expwy
Flushing, NY 11368

Facility:

Bushkill Creek Bridge
Route 28A
West Shokan, NY 12494

Application ID:

3-5140-00038/00005

Permit(s) Applied for:

Article 15 Title 5 Stream Disturbance

Project is Located:

Olive, Ulster County

Project Description:

The applicant proposes to replace two bridges on NYS Route 28A over the Bush Kill,Class A(t), and Dry Brook, Class A(t), and stabilize approximately 250 linear feet of eroded streambank by constructing new rip-rap streambank protection. Proposed work includes excavation and removal of existing bridge abutments, piers and wingwalls, construction of new bridge superstructure and abutments, and construction of rip-rap streambank and abutment protection. Proposed work also includes construction of a temporary roadway bridge to maintain traffic flows through the area of work. The project is located on State Route 28A approximately 500 feet north of Watson Hollow Road (County Route 42) in the Town of Olive, Ulster County.

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:

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 Mar 31 2006.

Contact:

R Scott Ballard
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Applicant:

A G Properties of Kingston LLC
300 Enterprise Dr
Kingston, NY 12401

Facility:

Tech City
300 Enterprise Dr
Kingston, NY 12401

Application ID:

3-5154-00153/00003

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Ulster, Ulster County

Project Description:

The Department has prepared a Draft Title V Permit Renewal 1 pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments for the Tech City facility located in Kingston, Ulster County, New York.

The Tech City facility, formerly IBM Kingston, is owned by AG Properties of Kingston LLC. The overall Tech City facility is a complex comprised of numerous buildings suitable for a variety of tenant operations. This Title V permit applies to the existing boiler house which supplies steam and hot water to the overall complex. The primary Standard Industrial Classification Code representative of this facility is 6512 - Operation of Nonresidential Buildings.

The existing boiler house facility consists of two 17.5 mmBTU/hr natural gas fired boilers (share a common stack), one 40 mmBTU/hr boiler which combusts No. 6 fuel oil or natural gas and two 40 mmBTU/hr No. 6 oil fired boilers. Each of these boilers are existing which have not undergone construction, modification or reconstruction since 1989. Therefore, 40 CFR SubPart Dc - Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units does not apply. The facility is subject to the requirements of 6 NYCRR Part 225-1 Fuel Composition and Use, and 6 NYCRR Part 227-2 Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx).

The facilities potential emissions for sulfur dioxide and oxides of nitrogen exceed the major source pollutant thresholds listed in 6 NYCRR SubPart 201-6. Therefore, the facility is subject to the provisions of Title V.

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: 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 Apr 21 2006.

Contact:

Robert J Stanton
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Westchester County

Applicant:

Westchester County
148 Martine Ave
White Plains, NY 10601 -4704

Facility:

Bronx River Reservation
Scout Field Off Midland Ave
Bronxville, NY

Application ID:

3-5524-00137/00001

Permit(s) Applied for:

Article 15 Title 5 Stream Disturbance

Project is Located:

Eastchester, Westchester County

Project Description:

The applicant proposes to stabilize approximately 400 linear feet of eroding stream embankment by constructing a variety of bank stabilization measures and stream channel improvements within the Bronx River, Class C, at its confluence with Laurel Brook, Class B, including construction of stone rip-rap and a new rock vane to reduce stream velocity and redirect stream flow, installation of vegetative mats and plantings, and enhancement of the floodplain by regrading and vegetative plantings. The project is being undertaken to correct existing erosion and to prevent further erosion of stream embankments and to enhance the existing Bronx River Reservation pathway in the vicinity of Scout Field. The project is located south of the intersection of Midland Avenue and Alden Place in the Village of Bronxville, Westchester County.

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:

Westchester County Board of Legislators

State Historic Preservation Act (SHPA) Determination:

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 Mar 31 2006.

Contact:

R Scott Ballard
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us