ENB Region 3 Completed Applications 05/10/2006

The applicant proposes to expand an existing sand and gravel mine from 7.3 acres to a total of 12.3 acres life-of-mine on a 54.3 acre parcel. The proposed 5 acre mine expansion includes enlarging a 3.8 acre onsite pond, constructed by on-going mining operations, to a total of 6.3 acres (an expansion of 2.5 acres).  Approximately 190,000 cubic yards of material is proposed to be removed from the site over a 5-year permit term. No processing of material is proposed to occur on site. Reclamation of mined areas will be concurrent with on-going mining operations.  Final restoration of the 12.3 acre site includes revegetation of disturbed areas and construction of the (enlarged) 6.3 acre pond.  The project is located on the west side of White Schoolhouse Road at the intersection with Hilltop Road in the Town of Rhinebeck, Dutchess County.

Applicant proposes to construct a 12 foot wide gravel driveway across two arms (25 and 140 foot long crossings, respectively) of Freshwater Wetland OL-2 (class 2) and its 100 foot adjacent area to provide access to a new house to be constructed outside of the wetland and its adjacent area.  The project site is Lot 7 of the Hideaway Acres Subdivision (1976 approval) located on the east side of East Mountain Road North, approximately 2000 feet south of its intersection with Esselborne road.

The applicant proposes to fill approximately 2,000 suare feet of Freshwater Wetland N-16 (Class: 2) to construct a driveway serving a proposed new house on 4 +/- acres (as a subdivision of  8 +/- acres). A detailed Stormwater Pollution Prevention Plan has been prepared.The location is on the west side of Rutsonville Road approximately mid-way between Awosting Road and Meeker Road,

    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 Renewal  application for the Applicant’s facility located in Yonkers, Westchester County.

    This permit renewal includes the rehabilitation of the engines EU: 1-ENGIN, and the upgrade of two boilers EU: 2-SDBLR.  The engines were made compatible to operate on digester gas and it will operate in this mode for 98% of the time and the remaining 2% they operate on No.2 oil. The upgraded boilers increased their capacity of 5 mmbtu/hr each, are now at 8.4mmbtu/hr. The new boilers are still exempt.

    The facility includes the following emission units:

1-FLARE: Three flares are burning excess digester gas.

1-SDBLR: Two boilers rated at 23 mmbtu/hr each, operate on No. 2 oil and digester gas.

1-CSOBL: Two boilers rated at 3.4 mmbtu/hr each, operate on natural gas and are exempt sources.

1-YJWTP: Six scrubbers serving the primary and secondary processes.

    Applicable regulations include: 6 NYCRR 200, 201-6, 202-6, 211, 212, 215, 225, 227 and 40 CFR 68 and 82-F.

    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.