ENB Region 3 Completed Applications 06/28/2006

    RASCO Materials has applied to this Department for a Part 360 Permit to reuse the former T.T. Materials Corp., facility for the processing of Petroleum Contaminated Soils (PCS) into a reusable cold-mix asphalt product known as "Earth-Pave."  The applicant would mix the incoming soils with an emulsion inside the same building at the facility which the previous operator used and temporarily store the resulting material  in another existing building at the facility until it is sold.  RASCO Materials is also applying for the same tonnage limitations as T.T. Materials, which would limit the facility to no more than 1,000 tons of unprocessed PCS at the facility at any time and no more than 1,000 tons of the reusable product at the facility at any time.

        RASCO Materials has also applied to this Department for a Beneficial Use Determination (BUD) to allow the product they produce to be sold as a newly manufactured product, not as a waste product.

       The facility is located on a portion of the 133-acre Wingdale Industrial Park, on the west side of NYS Rt. 22, opposite County Road 26 (Swamp River Road), in the Town of Dover, Dutchess County, NY

     Reiger Homes, the applicant, has applied for a Freshwater Wetlands permit to:

--drill three test wells (#3, 4 & 5) in the 100-foot wide adjacent area of state regulated Freshwater Wetland GO-37 (Class III);

--place temporary road bed surfaces, such as 4' X 8' sheets of a plywood, on some of the wetter sections of existing farm roads through the same wetland adjacent area, in order to gain access to drill these well;

--install buried electrical conduct (wires) and water lines to the wells for later use if any of the wells have useable yields;

--discharge water from the pumptesting of each well after installation of sediment control devices around each test well.

      The three test wells, and the existing farm roads to them, are within the proposed Craigsville Road Subdivision, which is located on the south side of Craigsville Road, opposite Ridge Road, in the Town of Goshen, Orange County, NY.

The applicant proposes the construction of a gravel driveway, within the 100 foot adjacent area of State-designated Wetland F-26 (Class I), for a new single family 4-bedroom home.  The home, septic system, and remainder of the lawn will be located outside the regulated area.  The project site is located off of Fassit Drive, in the Town of Carmel.

DEC has made a tentative determination to issue a permit for Excavation and Fill in Navigable Waters under Artile 15, Title 5 of the ECL.  The subject permit would authorize the placement of fill at two locations on Croton Falls Reservoir for the purpose of reconstructing two boat ramps owned by the NYCDEP.  Both ramps are located in the Town of Southeast.  The East Boat Ramp is is located on the north-eastern bay of the reservoir, near Merrick Road.  The resonstructed East Boat Ramp will be approximately 119' long and 12' wide.  It will require placement of fill below mean high water level in the amount of 227 cubic yards over an area of 2,607.  The West Boat Ramp is located at the north-western tip of the reservoir and will be 63' long and 12' wide when completed. It will require placement of fill below the mean high water level in the amount of 121 cubic yards over an area of 1,327 square feet.

    The Department of Environmental Conservation (DEC) has received an application to re-issue/re-new  the following pre-existing Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue/re-new this pre-existing permit for a five year term with updated regulatory requirements and maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge through a septic tank and sand filter of up to 26,500 gallons per day of treated sanitary waste to Kinny Brook.

    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.  To be called substantive, 6 NYCRR Part 621.7 requires public comments "explain the basis of opposition and explain specific grounds..." for opposition.

    SPDES #:  NY 003 5122

The applicant proposes to expand an existing 18-acre sand, gravel and shale mine by 32+/ -acres on a total site of 88 +/- acres. Mining and reclamation would be conducted in 6 phases of approximately 5 acres each thus limiting the extent of affected land at any given time. Material processing (crushing, screening) already is conducted at this site. The location is behind (i.e. southwest) of the existing mine located on the west side of Queens Highway south of the intersection with Rochester Center 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 modification application for the Applicant’s facility located in Buchanan, Westchester County, New York.

    This is a minor modification of the existing Title V permit. This modification will accommodate the replacement and upgrade of the existing reclaim feeder system.

    Currently, the fresh stored or screened reclaimed gypsum material is recycled into process through front-end loaders, which transport it to a feed hopper located inside the crusher building. This feed hopper then transfers the material to a conveyor, which in turns transfers the material to the main conveyor leading from the rock crusher building to the storage bins into the main building.

    The planned project, which will be permitted under this modification, entails the replacement and upgrade of the existing reclaim feeder system. The new system will consist of two components: reclaim material will first be loaded into a receiving hopper/feeder unit that will break down the material into smaller pieces. This feeder will convey the gypsum to a second metering feeder unit with a 40-ton capacity.

    The metering feeder will be used to more precisely distribute the reclaim gypsum to a conveyor that in turn will transfer the material to the main conveyor leading from the rock crusher building. Optionally, it will be possible to reverse the transfer conveyor from the metering feeder to send the reclaim gypsum back to the rock shed.

    Regulatory requirements pertaining to this modification include 200, 201-6, 201-7, 211, 212, 215, 40 CFR 60 Subpart OOO.

      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.

    The Draft Permit may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.  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.

The applicant proposes to apply the algaecide, Copper Sulfate Pentahydrate (active ingredient: copper sulfate-99%,) to Robin Hood Lake (whole lake treatment) for the control of nuisance algae.  This proposal is consistent with the Programmatic Environmental Impact Statements on the Aquatic Vegetation Control Program of the Department of Environmental Conservation and their Findings dated 01 May 1981 and 25 Jan 1995. Robin Hood lake is 7 acres total.  Robin Hood Lake is owned by fewer than 10 persons and, as the applicant, the Robin Hood Lake Association is responsible for ensuring water holding or use restrictions prescribed in product labelling are met. Application materials area available for public review by appointment at the NYS DEC Central Office in Albany.