ENB Region 1 Completed Applications 03/29/2006

Applicant proposes to construct a six unit residential condominium development on a 35,171 square foot parcel adjacent to Shell Creek. Work includes the construction of six units with garages on the first level and living space on two levels above, a paved driveway and parking area with on-site drainage, 25 foot wide planted buffer zone between the development and the bulkheaded shoreline and the modification of an existing floating dock system to provide six boat slips. As proposed, this project requires variance relief from the following development restrictions of 6 NYCRR Part 661.6 (Tidal Wetlands Land Use Regulations): 1. Principal building minimum 75 foot wetland setback. Building is proposed from 27 feet to 65 feet from the wetland boundary. 2. 20% maximum adjacent area coverage limit for impervious structures. Proposed adjacent area coverage is approximately 83%. 3. Maximum allowable development density of two units per 20,000 square feet of lot area. With lot area of 35,171 square feet, the maximum number of units should be two. Six units are proposed. 4. 75 foot minimum wetland setback for hard surface driveways / parking areas. At closest point, the proposed driveway will be 45 feet from the wetland boundary. The site is located at the southwest end of Shell Place in Island Park, NCTM # 43-70-485, 486 & 494.

The applicant proposes to remove and replace landward of the existing bulkhead 46 linear feet of bulkhead; construct 34 linear feet of bulkhead 2 ft. seaward of the existing bulkhead with a 2 ft. return; raise the elevation of the entire new bulkhead 18"; dredge 10 ft. seaward of the replacement bulkhead to a maximum depth of 4 ft. below mean low water with resultant 25 cubic yards of dredged material to be used as backfill; remove existing floats and install a 4 ft. x 6 ft. platform, ramp, and a 6 ft. x 20 ft. float with two 3 ft. x 16 ft. finger floats secured by pilings.  The project is located at 340 Roosevelt Avenue, Freeport, Town of Hempstead, County of Nassau on Randall Bay.

The applicant proposes to dredge 5,500 cubic yards of sand to create a 50' wide channel in the inlet of Frost Creek into Long Island Sound.  The channel is proposed to be dredged to a depth of 8' below mean low water.  The dredged material is proposed to be used as beach replenishment by placing it over a 35,000 sq. ft. area landward of apparent high water.  The purpose of the project is to restore tidal flow and access to an existing tidal creek and to restore a sand beach.  The proposed project is located at the north end of Frost Creek Drive in Locust Valley in the Village of Lattingtown, Town of Oyster Bay in Nassau County, NCTM# 30 B 752.      

The applicant proposes to subdivide a 5.77 acre parcel into four lots ranging in size from 1.0 to 2.45 acres.  Two single family dwellings currently exist on the property.  One of the dwellings is proposed to be demolished and the other is proposed to remain.  In addition, a 0.149 acre parcel on the north side of Asharoken Avenue is also proposed to be subdivided into three lots (ranging in size from 0.04 to 0.06 acres) for use as beach access for the proposed residential lots.  Four new catch basins are also proposed to be installed along Bevin Road.  Any subsequent development of the property landward of Bevin Road will likely be beyond the jurisdiction of Article 25 (Tidal Wetlands Act).  The purpose of the project is to create four lots for residential development and to improve drainage along Bevin Road.  The proposed project is located at the northwest corner of the intersection of Bevin Road and Pheasant Lane and along Asharoken Avenue in the Village of Asharoken in the Town of Huntington in Suffolk County, SCTM#  401-03-02-10 and 401-04-01-02.

The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation Law.  The applicant proposes a discharge of 8,600 gallons per day of laundry wastewater to groundwater from an Aquarelle Generation III filtration water treatment system at the applicant's existing facility.   This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  As such, this tentative determination does not signify department approval for, or endorsement of, the activity for which a permit is sought or for the overall proposed project .  The proposed discharge is located within an area designated as a sole source aquifer.  The following water purveyors have been identified as having service areas located within a 3 mile radius of the applicant's facility:  South Huntington Water District.  The facility is located at 273 Old Walt Whitman Rd., Huntington Station, Town of Huntington, Suffolk County (SPDES# NY0237311).

The applicant proposes to make a lot line change which would result in two lots of 16,764 and 39,574 sq. ft. each being reconfigured to two lots of 21,949 and 34,389 sq. ft., respectively. A single family dwelling currently exists on each lot.  Regulated tidal wetlands also exist on the properties. The purpose of the project is to make the properties more conforming to village zoning.  The proposed project is located at 37 Heckscher Drive in Halesite in the Village of Huntington Bay, Town of Huntington in Suffolk County, SCTM# 402-001-01-07.

The applicant proposes to reconstruct 219 feet of bulkhead within 18 inches of the existing bulkhead, place 10 cubic yards of fill material between the bulkheads as backfill, install a return, replace decking, dredge a 10 foot by 50 foot area adjacent to the bulkhead to a depth of 4 feet below mean low water and install 5 mooring piles.  The resultant 10 cubic yards of dredge material will be disposed of at an approved upland site.  The project is located at 28 Cottage Avenue, Bay Shore, Town of Islip, Suffolk County, SCTM# 0500-441-2-56.

The Department ha drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL and the Title V of the Federal Clean Air Act Amendments), and made a tentative determination to approve the renewal application for the applicants existing surface coating facility located at 1852 Old Country Road (RT 58), Riverhead NY.  The facility produces pressure sensitive tapes and labels that adhere to a surface on contact without wetting, heating or adding a curing agent.  The pressure sensitive label and tape industry is a subcategory of paper coating.  Emissions from solvent based coating operations are controlled by incinerators.  Air pollution control equipment at the facility includes one Regenerative Thermal Oxidizer and one Recuperative Thermal Oxidizer to destroy volatile organic compounds (VOC).  The facility is also equipped with a cyclone and bag filter particulate control, an evaporator, a woven filter, cartridge filter and carbon filter.  The facility employs continuous monitoring of the catalytic bed temperature rise for the regenerative oxidizer, combustion temperature for the recuperative oxidizer, stack exit temperature and pressure drop across the coating lines.  Adchem is permitted under 40CFR 60, Subpart KK and 6NYCRR Part 228.  The facility capped below 95 tons per year of VOC based on monthly rolled average to cap out of 6NYCRR Part 231-1.2(a)(4).

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 requester 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.