Department of Environmental Conservation

D E C banner

ENB Region 5 Completed Applications 03/31/2021

Clinton County

Applicant:

Stephen A McKenna

Facility:

Tom Miller Topsoil
492 Tom Miller Rd
Plattsburgh, NY 12901

Application ID:

5-0942-00520/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Plattsburgh, Clinton County

Project Description:

The applicant proposes a new 7-acre life of mine topsoil mine on a 65.7-acre parcel owned by the applicant. They are also proposing the use of a portable screener. The depth of excavation of the 7 acres would be 2 feet. The operating hours of the mine would be Monday - Friday from 8 AM- 5PM and Saturday 8 AM - 1 PM, with no hours on Sundays or legal holidays. The mine will be reclaimed to grasslands upon termination of mining.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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:

Evaluation using a Structural-Archaeological Assessment Form or other information has concluded that the proposed activity will not impact registered, eligible or inventoried archaeological sites or historic structures.

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 Apr 30, 2021.

Contact:

Erin M Donhauser
NYSDEC Region 5 Headquarters
1115 St Rte 86
Ray Brook, NY 12977
(518)897-1234
DEP.R5@dec.ny.gov


Essex County

Applicant:

Jointa Lime Company
269 Ballard Rd
Wilton, NY 12831

Facility:

Willsboro Quarry
Rte 22 - .6 Mi E of Middle Rd
Willsboro, NY

Application ID:

5-1552-00195/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Willsboro, Essex County

Project Description:

The applicant proposes to expand by 21- acres at an existing 19 acre life of mine limestone quarry, for a new total of 40-acre life of mine, on a 100.5-acre parcel. The applicant also proposes to increase the hours of operation by one hour, by starting at 7 am Monday- Saturday. The mine would be continuing to use one screening/crushing plant, and blasting. Blasting will be performed by a NY licensed contractor. The proposed hours of blasting are Mon-Fri 10:00 AM to 5:00 PM. The stormwater will be internally draining in the excavated areas. The site will be reclaimed to native grass plantings, suitable for residential development or revert back to a forested area. The mine is located north of NYS RTE 22 and South of the Boquet River, in the Town of Willsboro, Essex County.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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: NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.

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 Apr 30, 2021.

Contact:

Erin M Donhauser
NYSDEC Region 5 Headquarters
1115 St Rte 86
Ray Brook, NY 12977
(518)897-1234
DEP.R5@dec.ny.gov


Fulton County

Applicant:

Benjamin Moore & Co
101 Paragon Dr
Montvale, NJ 07645 -0220

Facility:

Benjamin Moore & Co
155 Union Ave
Johnstown, NY 12095

Application ID:

5-1799-00005/02001

Permit(s) Applied for:

Article 19 Air State Facility

Project is Located:

Johnstown, Fulton County

Project Description:

The Department has prepared a draft permit and made a tentative determination to issue a permit modification for Benjamin Moore & Co.'s latex paint and resin manufacturing facility, in Johnstown, NY.

This modification includes a new limitation on paint and colorant production of 52 million gallons per year and maintains the current limitations on polymeric resins and vinyl acrylic resins production of 14 million and 8.4 million gallons per year, respectively. These production limits will hold the facility's potential to emit ("PTE") individual Hazardous Air Pollutants ("HAPs") to less than 10 tons per year, and maintain its status as a minor source of HAP emissions not subject to Title V permitting requirements or National Emission Standards for Major Sources of Hazardous Air Pollutants.

The draft permit also includes new limitations on the use of Ammonia 26 BE of 450,000 pounds per year in the Paint Plant and 255,000 pounds per year in the Resin Plant, to ensure compliance with 6 NYCRR Part 212 requirements.

Paint and vinyl acrylic resin production, as well as Ammonia 26 BE usage, will be tracked monthly, to verify the actual emissions, and a certification of compliance with these limits will be submitted annually.

Conditions have also been added to the draft permit to ensure compliance with applicable requirements of 6 NYCRR Subpart 228-2 (Commercial and Industrial Adhesives, Sealants and Primers), such as VOC content limit, container labeling requirements, record keeping requirements, etc. Benjamin Moore will document compliance with these requirements primarily by using its Product Vision (PV) system.

Finally, the potential climate impacts of this significant permit modification were evaluated in accordance with the requirements of Section 7(2) of CLCPA. While the project does result in a small increase in greenhouse gases (GHGs)/Carbon Dioxide equivalents (CO2e), primarily from heating the new building spaces, the alternatives to the appropriately-sized natural gas-fired HVAC units proposed were determined to have similar, if not greater, climate impacts. For this reason, the Department has determined that this modification does not unreasonably interfere with the State's ability to meet the goals of CLCPA.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with 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: Fulton County Industrial Development Agency

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Apr 30, 2021.

Contact:

Beth A Magee
NYSDEC Region 5 Warrensburg Sub-Office
232 Golf Course Rd
Warrensburg, NY 12885
(518)623-1281
DEP.R5@dec.ny.gov


  • Contact for this Page
  • ENB
    NYS DEC
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions