ENB Region 3 Completed Applications 04/25/2007

Water Supply:   The Town of East Fishkill has applied for a Water Supply permit (WSA #10,973) to install a water supply distribution system to serve the Town of East Fishkill’s newly formed "Shenandoah Road Water District."  The Water District would serve an average of 84,600 gallons per day of drinking water to 137 developed lots and ultimately to an additional 23 undeveloped lots within the Water District.  The drinking water would come from a previously approved pipeline and well in the adjacent Town of Fishkill’s Snook Road Wellfield (see WSA # 10,463).

Freshwater Wetlands and 401-Water Quality Certification:  In order to serve these customers, the Water District proposes to install water distribution mains in or adjacent to a number of roads, some of which disturb the 100-foot wide adjacent area around the following State regulated Freshwater Wetlands:

-          Along Shenandoah Road: HJ-54; HJ-58; HJ-59

-          Along NYS Rte. 52: HJ-65; HJ-37; HJ-56; HJ-44

-          Along Townsend Road: HJ-54

-          Adjacent to Seymor Lane: HJ-59

-          Along Weitz Road:HJ-59

The Water District has attempted to locate these pipelines so as to avoid Freshwater Wetlands or Wetland Adjacent Areas to the greatest extent practicable.  Construction of these water lines may also disturb federally regulated wetlands, thus requiring a 401-Water Quality Certification by this Department certifying that construction will not cause contravention of the State's water quality standards.

The purpose of the Water District and construction of these water distribution lines is to comply with an Order-on-Consent (CERCLA-02-2001-2020) mandating the service of clean drinking water to residents of the "Shenandoah Road Groundwater Contamination Site" whose groundwater was previously contaminated by industrial chemicals.

The Water District and its pipelines are located along NYS Rt 52, Shenandoah Road and Weitz Road in the southeast corner of the Town of East Fishkill, Dutchess County. NY.

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.

The applicant proposes to construct a single-family residential driveway across a portion of State-designated Freshwater Wetland HP-24 (Class II).  The project site is located approximately 0.3 mile south of Crum Elbow Road, and approximately 0.6 mile east of NYS Rout 9G.  As proposed, the project involves grading and filling within approximately 0.02 acre of the wetland and 0.39 acre of the 100-foot adjacent area.  The driveway would be up to 12 feet wide, with one additional 15-foot wide turnout.  The remainder of the project, including the home, lawn, and septic system will be located outside the regulated area.

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.

The permit request is for construction of a subsurface sanitary disposal system in the AA of NYS designated Wetland PP-55 (Class 2) to serve a new two bedroom single family residence being converted from an agricultural building. The septic system encroachment into the AA will be a maximum of 50 feet. The site is located at the intersection of Ferris Road and Wilber Flats Rd.

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.

The permittee submitted an application for a State Pollutant Discharge Elimination System (SPDES) permit modification, along with an engineering report for upgrade of the Middletown wastewater treatment plant (WWTP), on August 12, 2005. After meetings with the permittee, the

SPDES permit was modified and the draft permit was public noticed in the Environmental Notice Bulletin on March 29, 2006 with the notice period ending on April 28, 2006. Comments were received from the permittee on April 28, 2006.

At the time the comments were received, the permittee was reevaluating their options and was unsure whether to move forward with a plant upgrade. If they did move forward with a plant upgrade, they were unsure what treatment units they wanted to install and what capacity to design the facility for. The permittee requested some time to evaluate their options before the permit was finalized and subsequently submitted an evaluation report to the Department on January 31, 2007. The report still did not definitively identify the course that must be taken by the permittee but it did discuss some projects in the City that have already been approved and that would increase the influent flow to the WWTP.

The permittee had also requested, on July 27, 2006, a modification of their existing flow limit of 6 mgd, which is calculated as a monthly average, so that it would be calculated as a twelve-month rolling average. The request states that they will accept a requirement to implement a continuous infiltration and inflow (I&I) management program in the SPDES permit in return for the twelve-month rolling average flow. The City understands that Department guidance, Technical & Operational Guidance Series (TOGS) 1.3.3, states that, “A 12-MRA effluent limit can be considered for POTWs serving separate sewer systems if all of the concentration and mass based effluent limits can be met and the facility has a DEC approved program for control of infiltration and inflow to the sewer system.”

After review of the evaluation report, the Department has determined to continue with the modification of a draft permit that contains a twelve-month rolling average flow limit of 6 mgd as well as a requirement to implement a continuous infiltration and inflow management program. The permittee has already begun the I&I program in accordance with requirements of a consent order and successfully removed significant sources of I&I.

The modified draft permit continues to contain interim and final limits. The interim limits are effective upon modification of the permit (unless overridden by short-term consent order requirements) and the final limits for an upgrade of the facility to 8.1 mgd. The permittee must submit an approvable engineering report for the upgrade, receive approval for construction, complete construction and certify that construction was complete in accordance with the approved report and plans and specifications before the limits for the upgrade will become effective. The Department is including these limits in the permit because it is clear that the City must upgrade in order the WWTP to allow further proposed development and continue to meet SPDES permit limits.  SPDES Number NY 002 6328

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.

The applicant proposes to construct six buildings and a total of 107 apartment units  of affordable work-force housing to be known as "Horizons at Wawayanda" on a 8.9 acre parcel located at the intersection of Route 6 and Route 17M.  A stormwater detention basin is proposed to be constructed within the 100 foot adjacent area of state freshwater wetland MD-23 (class 2) in a previously filled/disturbed area of the parcel.  In addition, the applicant intends to pipe existing off-site stormwater runoff currently entering the property and construct an outfall energy dissipator to allow sheet flow over a vegetated area of the adjacent area for some treatment before it enters the wetland.  A 4,200 square foot grass picnic area is also proposed at the rear of building 4 within the adjacent area. In addition, a wood chip walking path is proposed  in this adjacent area along the rear of the development.    

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.

The applicant proposes to construct a 22,500 square foot retail building with associated access, parking, sewage treatment, water supply and stormwater management.  The site will contain 2 stormwater basins located within the 100 foot adjacent area of NYS Freshwater Wetland DP-22 (Class I) that involves approximately 0.5 acres.  The project also involves the construction of a new subsurface sewage disposal system outside the wetland and 100-foot adjacent area.  This new system will have a design capacity of 2,000 gallons per day and will be authorized under the Department's General SPDES permit for groundwater discharges of sanitary waste between 1,000 and 10,000 gallons per day (GP-0-05-001).  The project is located on the west side of NYS Rte 22, approximately 1500 feet north of the intersection of NYS Rte 311 in the Town of Patterson.

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.

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.