Region 3 SEQR and Other Notices Region 3 SPDES Renewals

ENB Region 3 Completed Applications 04/25/2007

Dutchess County

Applicant: Town of East Fishkill
Town Hall
330 St Rte 376
Hopewell Junction, NY 12533
Facility: Shenandoah Road Water District
Shenandoah Rd
Hopewell Junction, NY 12533
Application ID: 3-1328-00114/00003
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 15 Water Supply
Project is Located: East Fishkill, Dutchess County
Project Description:
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.
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 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 May 11, 2007.
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

Applicant: Crystal Attanasio
Facility: Attanasio Property
Crum Elbow Rd
Hyde Park, NY
Application ID: 3-1332-00307/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Hyde Park, Dutchess County
Project Description:
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.
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 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 May 11, 2007.
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

Applicant: Vincent T Agnifilo
Facility: Agnifilo Property
126 Ferris Rd
Milan, NY
Application ID: 3-1336-00074/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Milan, Dutchess County
Project Description:
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.
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 May 11, 2007.
Contact: Lee A York
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us

Orange County

Applicant: City of Middletown
16 James St
Middletown, NY 10940 -5710
Facility: Middletown STP
Dolson Ave Ext
Middletown, NY 10940
Application ID: 3-3309-00038/00002
Permit(s) Applied for: Article 17 Titles 7 & 8 Municipal SPDES
Project is Located: Middletown, Orange County
Project Description:
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
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 performed.
SEQR Lead Agency:
Middletown City Planning Commission
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 May 25, 2007.
Contact: Andrea Sheeran Glick
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Applicant: Regan Development Corp
1055 Sawmill River Rd Ste 204
Ardsley, NY 10502
Facility: Horizons at Wawayanda
Us Rte 6 - Sw Corner With St Rte 17M
Wawayanda, NY
Application ID: 3-3356-00126/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Wawayanda, Orange County
Project Description:
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.    


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:
Wawayanda 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 May 11, 2007.
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

Putnam County

Applicant: Frantell Development Corp
92-50 Queens Blvd
Rego Park, NY 11374
Facility: Frantell Shopping Center
St Rte 22 About 0.25 Mi N of St Rte 311
Patterson, NY
Application ID: 3-3724-00105/00003
Permit(s) Applied for: Article 24 Freshwater Wetlands
Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Patterson, Putnam County
Project Description:
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.
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 performed.
SEQR Lead Agency:
Patterson Town Planning Board
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 May 25, 2007.
Contact: Laurie A Lawrence
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: Edward K Williams
Facility: Williams Property
21 Freetown Rd
Plattekill, NY
Application ID: 3-5142-00132/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Plattekill, Ulster County
Project Description:

The applicant proposes to construct a new two-bedroom residence with associated deck, driveway, well, and septic system, on an existing lot.  All of the property is regulated Freshwater Wetland CD-26, Class II, or its associated Adjacent Area except for an area of ~600 square feet.  All work is proposed entirely within the Adjacent Area, except for the portion of the septic system located outside the regulated area and the well which is proposed in the Freshwater Wetland.

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 not subject to SEQR because it is a Type II action.
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 May 11, 2007.
Contact: Rebecca S Crist
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