Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 07/12/2006

Orange County

Applicant: Town of Minisink
PO Box 349
Westtown, NY 10998 -0349
Facility: Ford Rd
Ford Rd @ Rutgers Creek
Minisink, NY
Application ID: 3-3338-00039/00001
Permit(s) Applied for: Article 15 Title 5 Stream Disturbance
Project is Located: Minisink, Orange County
Project Description:
The Town proposes to stabilize a section of stream bank of Rutgers Creek ( H-139-13-62, Class C-T ) adjacent to Ford Road.  Approximately 150 feet of embankment will be stabilized using a sheet pile retaining wall with backfill.  The work area is located approximately 500 feet south of Waterloo 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 not performed.
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 Jul 28 2006.
Contact: Alexander F Ciesluk, Jr
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Applicant: Brandon Ozman
Facility: Ozman Office Building
St Rte 17K - S Side - W of St Rte 208
Montgomery, NY
Application ID: 3-3342-00294/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Montgomery, Orange County
Project Description:
The applicant proposes to construct an approximately 3,000 suare foot office building and a stormwater detention basin within the 100 foot adjacent area of Freshwater Wetland WD-29 (Class: 2). As mitigation (for this work and disturbance of a total of 1.14 +/- acres of federal wetland) 0.12 acres of wetland will be created on-site. The location is on the south side of NYS Route 17-K just west of Route 208.
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 Jul 28 2006.
Contact: Lawrence G Biegel
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Applicant: ECO-BAT NY LLC
2777 Stemmons Frwy Suite 1800
Dallas, TX 75207
Facility: Revere Smelting & Refining Corp
65 Ballard Rd
Middletown, NY 10941
Application ID: 3-3352-00145/00043
Permit(s) Applied for: Article 27 TItle 9 Resource Conservation and Recovery Act
Project is Located: Wallkill, Orange County
Project Description:
COMBINED NOTICE OF COMPLETE APPLICATION
AND
NOTICE OF INTENT TO DENY

DATE:        June 28, 2006    

APPLICANT:    ECO-BAT, New York, LLC
        65 Ballard Road
        Middletown, New York  10941

        and
        
        Revere Smelting & Refining Corp.,
        2777 Stemmons Freeway
        Dallas, Texas  75207

DEC APPLICATION NUMBER:    
DEC ID# 3-3352-00145-00043       
EPA ID # NYD030485288

PERMITS APPLIED FOR:    
Article 27, Title 9; 6NYCRR 373
                    
Hazardous Waste Management Facility Permit Renewal

PROJECT LOCATION:        
65 Ballard Road, Town of Wallkill, Orange County, NY

PROJECT DESCRIPTION:
On July 28, 1995 the Revere Smelting and Refining Corp. (RSR) facility received a 10-year permit to operate a secondary lead smelter which recycles approximately six million automobile and other lead-acid batteries per year.  The facility recovers lead, lead alloys and other products from the batteries for resale to manufacturers of new batteries and other products.  Operations at this facility are regulated under the Federal Resource Conservation and Recovery Act (RCRA) and under New York State Environmental Conservation Law (ECL) Article 27, Title 9 and 6NYCRR Part 373.   The facility includes a battery storage area and a containment building which are used for storage and processing of batteries and related materials.

NOTICE OF INTENT TO DENY THE PERMIT RENEWAL:
ECO-BAT New York, LLC and RSR applied for a permit renewal on January 31, 2005.  After five Notices of Incomplete Application and additional submittals and meetings with the Permittee applicant, the Department has determined that although the application is technically administratively complete, the applicant has not demonstrated compliance with the regulations and thus has not demonstrated adequate protection of the environment.  Specifically, the renewal application lacks sufficient proof of the integrity of the containment leak collection and detection system (called “the pan floor” system by the applicant) under the concrete floor of the Containment Building and the application lacks any sufficient plan to provide proof of the integrity.  The pan floor system must be able to prevent the release of hazardous waste and hazardous constituents to the environment.   The Department cannot renew the permit without adequate demonstration that the pan floor system is currently containing and can continue to contain and prevent hazardous waste from mixing with groundwater or migrating into the soil under the building.

Additionally, ECO-BAT New York, LLC, and RSR have not provided approvable Closure Plans and adequate financial assurance to guarantee the closure and cleanup of all contaminated soil under buildings at the site.  Staff has several other lesser concerns which are further explained in the previously referenced Notices of Incomplete Application.

DRAFT  PERMIT:  
A draft permit will not be prepared, based on the fact that the Department staff intends to deny this renewal application for the reasons stated herein.

DOCUMENT AVAILABILITY AND PUBLIC COMMENT:
Copies of the renewal application documents prepared by the applicant are available for review at:

     NYSDEC, Division of Solid and Hazardous Materials
     625 Broadway
    Albany, New York, 12233-7258.
        (Contact person for technical information: Paul Patel 518-402-8594)

and at the Department’s Region 3 Headquarters at:
           NYSDEC, Division of Environmental Permits    
    21 South Putt Corners Rd.
    New Paltz, New York 12561  
        (The Contact Person is Michael D. Merriman at 845-256-3165)

In accordance with Part 621.9(a)(2), the applicant has thirty (30) days from the date of this Notice to request an adjudicatory hearing, due to the fact that the Department intends to deny the renewal application.  All other persons may submit written comments or request a public hearing (or both) on the permit renewal no later than Monday, August 28, 2006.  Comments must be sent to:

    Michael D. Merriman
    NYSDEC, Division of Environmental Permits
    21 South Putt Corners Rd.
    New Paltz, New York 12561

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 Aug 28 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

Ulster County

Applicant: Shawangunk Materials Inc
1708 Albany Post Rd
Wallkill, NY 12589
Facility: Shawangunk Materials Mine
Albany Post Rd (NEAR Intersection W/LONG Lane
Shawangunk & Gardiner, NY
Application ID: 3-5199-00022/00001
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Shawangunk, Ulster County
Project Description:
The applicant proposes to operate a 28.37-acre sand and gravel mine within a 117.88-acre parcel of land located between of Albany Post Road and the Wallkill River, just south of the Town of Gardiner/Shawangunk Town line in the Town of Shawangunk.  An estimated 490,000 cubic yards of material would be removed over a period of approximately 10 years, depending on demand and operating conditions.  The material will be processed on site with a portable dry screen with a capacity of up to 130 tons per hour.  The immediate reclamation proposed is agricultural use, with potential for future development as low-density residential use, where allowable.
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 Aug 11 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

Westchester County

Applicant: Pacific Management & Developement Corp
2 Gannett Dr Suite 201
White Plains, NY 10604 -3404
Facility: Park Lane DEV-FOREST Lake Dr Crossing
Old Lake ST/PARK LA/FOREST Lake Dr
Harrison, NY 10528
Application ID: 3-5528-00061/00011
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Harrison, Westchester County
Project Description:
The applicant as developer of the Park Lane Subdivision has applied for a permit modification to develop residences  on existing lots A5, A6, A10, A11, B-1 and X-3 located on Forest Lake Drive.  All lots will require grading and construction within the 100 foot adjacent area of Freshwater Wetland G-8 ( Class 2 ) - Forest Lake.  No work will be done within the wetland itself.
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:
A cultural resources survey has been completed. The report of the survey is on file. No 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 Jul 28 2006.
Contact: Alexander F Ciesluk, Jr
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Region 3 SEQR and Other Notices Region 3 SPDES Renewals