ENB Region 5 Completed Applications 08/23/2006

Proposed construction of a foot trail, including a wooden boardwalk on metal posts across 413 feet of Freshwater Wetland N-9 (class I).  The trail would also cross 655 feet of wetland adjacent area with a gravel and stone dust surface.  The land was granted to the Town of Clifton Park as a condition of approval of the adjacent West Sky Court Subdivision.  The project is located to the west of Moe Road, between West Sky Lane and Compton Road.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for the renewal of the existing Title V facility permit for the applicant's pulp and paper manufacturing mill.The renewal contains no significant changes to the current permit. Finch Pruyn's manufacturing processes include pulp preparation, paper making, acid recovery, bleaching operations and wastewater treatment. Steam is produced by five power boilers, four recovery boilers and a waste wood boiler. The facility is a major source of emissions of sulfur dioxide, nitrogen oxides, particulates, volatile organic compounds(VOC's) and hazardous air pollutants(HAP's). 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 requestor wishes to inspect the files at a later date.  The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

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.

Proposed construction of 100 foot long, three foot high berm with a water control structure to enhance one acre of emergent wetland (Freshwater Wetland SY-27, (class II)).  Fill would be taken from adjacent uplands creating 24 inch deep pools in the wetland.  This wetland restoration project is proposed in cooperation with the U.S. Fish and Wildlife Service - Partners for Fish and Wildlife Program.  The project is located to the east of NYS Route 40, 0.3 mile north of Waite Road, Town of Easton.

The Department has received a permit application to add a portable thermal desorption unit to the currently permitted facility. The portable unit will be used at the Fort Edward facility only at times that is not active at remote remediation projects. No annual emission caps will be changed as a result of this modification. A draft permit has been prepared and is available for review at the DEC Warrensburg office.