Region 4 SEQR and Other Notices Region 4 SPDES Renewals

ENB Region 4 Completed Applications 11/22/2006

Delaware County

Applicant: Robert M Arnemann
Facility: Arnemann Property
Titus Lake Rd
Harpersfield, NY
Application ID: 4-1238-00111/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Harpersfield, Delaware County
Project Description:
The applicant proposes to replace a deteriorated dock and stairway to the dock with a floating dock and new raised wooden stairway, grade area rutted by heavy equipment, create a lawn area, and dig two small shallow ponds for habitat enhancement.  Proposed work is to be conducted at Titus Lake within the adjacent area of Freshwater Wetland CH-1.   The project is located at Lot #2 on the southeast shore of Titus Lake, off Titus Lake Road.
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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 Dec 8 2006.
Contact: Martha A Wood
NYSDEC Region 4 Stamford SUB-OFFICE
65561 State Highway 10
Stamford, NY 12167
(607)652-7741
r4dep@gw.dec.state.ny.us

Rensselaer County

Applicant: Getty Terminals Corp
125 Jericho Tpke
Jericho, NY 11753 -1016
Facility: Getty Terminals Corp #58260
49 Riverside Dr
Rensselaer, NY 12144
Application ID: 4-3814-00010/00010
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Rensselaer, Rensselaer County
Project Description:
The Department has received an Air State Facility (ASF) permit application from the Getty Terminals Corp. for reactivating 5 existing inactive gasoline storage tanks at the former Bray Terminal.  These 5 tanks are proposed to become part of the existing Getty Terminal.  The change also includes increasing the number of loading bays at the existing Getty truck loading rack.  Loading emissions are controlled by a vapor recovery unit.  Both the Getty terminal and the former Bray terminal are located at Riverside Drive, Rensselaer, NY.  The owner is Getty Terminal Corp. located at East Meadow, NY.   The applicant has proposed to keep its current permitted emissions caps in place.  Although the thruput limits of the caps have increased, they will continue to restrict, as before, the potential to emit (PTE) of its emission sources through enforceable permit conditions which limit or cap emissions at a level which is less than 50 tons per year for Volatile Organic Compounds (VOC)--the applicability threshold for Part 201-6 (Title V); less than 10 tons per year for each individual Hazardous Air Pollutant (HAP) and less than 25 tons per year for the total of all HAPs--the applicability thresholds for Part 201-6 (Title V) and 40CFR63, subpart R, the National Emission Standard for Hazardous Air Pollutants (NESHAP) for gasoline distribution facilities by restricting the annual facility throughput of gasoline, ethanol and distillate oil.  The permittee will be required to maintain records and report this data, including the thruputs, to verify compliance with permit conditions and limits.  By accepting these state and federally enforceable limits, the facility is not subject to these particular regulations.  Persons wishing to inspect the subject ASF 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 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.  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 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’s wed site at: www.dec.state.ny.us/website/ohms/gudph1.htm    The application is available for review at the Region 4 Office, 1150 North Westcott Rd., Schenectady, NY.  The contact person is Nancy Adams (518) 357-2452.  Comments will be received for 30 days from the date of this notice. If comments are received which raise significant issues or provide additional relevant information, the Department may modify the Draft ASF Permit.
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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 Dec 22 2006.
Contact: Nancy M Adams
NYSDEC Region 4 Headquarters
1150 North Westcott Rd
Schenectady, NY 12306
(518)357-2069
r4dep@gw.dec.state.ny.us

Schenectady County

Applicant: Adirondack Development Group LLC
864 Burdeck St
Schenectady, NY 12306
Facility: Windsor Estates Section III
Windsor Dr
Niskayuna, NY
Application ID: 4-4224-00119/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Project is Located: Niskayuna, Schenectady County
Project Description:
Applicant proposes to construct a 30 lot residential subdivision, to be known as Windsor Estates Section 3,  with associated roads, grading, municipal utilities and site work on a 23.22 acre parcel.  The project will cause unavoidable impacts to 1.18+/- acres of Federal jurisdictional wetlands which include  405+/- linear feet of intermittent stream corridor. Wetland impacts are associated with road construction, stormwater management areas and lot grading.  As mitigation for wetland impacts, the applicant proposes to create 1.41 acres of shrub and forested wetland on the project site adjacent to existing wetlands.  The applicant will place deed restrictions on the remaining wetlands and mitigation areas to prevent future encroachment. The project is located at the end of Windsor Drive, in the Town of Niskayuna, Schenectady County.
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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:
Niskayuna Town Planning Board
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 an impact on registered or eligible archaeological sites or historic structures. The department must consult further with OPRHP before making a final decision regarding the issuance of the permit.
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 Dec 8 2006.
Contact: James J Eldred
NYSDEC Region 4 Headquarters
1150 North Westcott Rd
Schenectady, NY 12306
(518)357-2069
r4dep@gw.dec.state.ny.us

Region 4 SEQR and Other Notices Region 4 SPDES Renewals