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ENB Region 3 Completed Applications 06/30/2021

Orange County

Applicant:

Suresky at Hatfield Lane LLC
PO Box 209
Goshen, NY 10924 -0209

Facility:

Suresky at Hatfield Ln
2 Hatfield Ln
Goshen, NY 10924

Application ID:

3-3330-00264/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Goshen, Orange County

Project Description:

The applicant proposes to expand an existing car dealership to create a 38,000 square foot building for use as a showroom, service area, offices, car wash and parts storage, including additional parking and vehicle display area. This action will create approximately 20,763 square feet (0.48 acres) of disturbance to the 100-foot adjacent area of NYS Freshwater Wetland GO-35, Class 2. The majority of the disturbance will be to previously disturbed areas. No disturbance to the wetland is proposed.

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 Jul 15, 2021.

Contact:

Alysse Devine
NYSDEC Region 3 Headquarters
21 S Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
DEP.R3@dec.ny.gov


Applicant:

Homestead Builders Hudson Valley Inc
7 Royal Oak Ave
Middletown, NY 10940

Facility:

Homestead Subdivision
Toad Pasture Rd
Westtown, NY 10998

Application ID:

3-3332-00074/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Greenville, Orange County

Project Description:

The applicant proposes to disturb approximately 0.13 acres of the 100-foot adjacent area of NYS Freshwater Wetland OT-32 (Class 2) in order to construct a single-family dwelling. The proposed house is part of a three-lot subdivision, of which only one lot will disturb the regulated adjacent area. Activities within the adjacent area include clearing trees, filling, grading, and constructing the house. No disturbance to the freshwater wetland is proposed. The project is located on Toad Pasture Road, approximately 0.3 miles west of the intersection with Bowery Lane, in the Town of Greenville, Orange 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 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 maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for 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 Jul 15, 2021.

Contact:

Victoria A Lawrence
NYSDEC Region 3 Headquarters
21 S Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
DEP.R3@dec.ny.gov


Applicant:

Danskammer Energy LLC
994 River Rd
Newburgh, NY 12550

Facility:

Danskammer Generating Station
994 River Rd
Newburgh, NY 12550

Application ID:

3-3346-00011/00017

Permit(s) Applied for:

Article 19 Air Title V Facility
Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge
Article 19 Title IV (Phase II Acid Rain)

Project is Located:

Newburgh, Orange County

Project Description:

The New York State Department of Environmental Conservation ("Department" or "NYSDEC") has prepared a draft Title V Permit, a draft Title IV Permit and a draft State Pollutant Discharge Elimination System (SPDES) Permit, subject to public comments or other information, for the Danskammer Energy Center, located in the Town of Newburgh, Orange County.

Danskammer Energy, LLC ("Danskammer" or "Facility") is proposing to construct a new natural gas fired combined cycle power generation facility, the Danskammer Energy Center, in the Town of Newburgh, Orange County, New York, which will consist of an optimal 536 net megawatt (MW) facility located at the site of its existing Danskammer Generating Station. The proposed Facility (combustion turbine) will be primarily fueled by natural gas with ultra-low sulfur diesel (ULSD) as a backup fuel for up to the full load equivalent of 720 hours per year.

TITLE V PERMIT - TITLE IV PERMIT MODIFICATION

The proposed Danskammer Energy Center will consist of one (1) Mitsubishi M501JAC combustion turbine at the proposed project site. Hot exhaust gases from the combustion turbine will flow into one (1) heat recovery steam generator (HRSG). The HRSG will be equipped with a natural gas fired duct burner. The proposed HRSG will produce steam to be used in a steam turbine. Upon leaving the HRSG, the turbine exhaust gases will be directed to one (1) exhaust stack. Other ancillary combustion equipment at the proposed project includes a natural gas fired auxiliary boiler, emergency diesel fire pumps, and an emergency diesel generator. Danskammer Energy is proposing to utilize pipeline quality natural gas as the primary fuel for the combustion turbine and duct burner with ULSD (with a maximum sulfur content of 0.0015% by weight) as a backup fuel for up to 720 full load hours per year.

The facility's existing steam generating boilers will be retired once the new facility is constructed and operational.

To satisfy the emission offset requirements of 6 NYCRR Part 231, the facility proposes to obtain the following Emission Reduction Credits (ERCs) from the shutdown of the existing Danskammer Generating Station steam generating boilers (Emission Units D-0001, D-0002, D-0003 and D-0004):

NOx - 44.2 tpy
VOC - 2.1 tpy

CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT (CLCPA)

This permitting action constitutes a significant modification to the facility's Title V permit. Pursuant to the requirements of Section 7(2) of the Climate Leadership and Community Protection Act, Chapter 106 of the Laws of 2019 (CLCPA or Climate Act), the Department has requested and received information regarding the project's purported consistency with the CLCPA.

While the Department is making a draft Title V and draft SPDES permit available for public review and comment, the Department has not made a tentative or final determination to issue any final permit for the proposed project. Prior to issuing any final permit for the proposed project, the Department would need to, among other things, ensure that its action is either consistent with the requirements of the Climate Act or otherwise sufficiently mitigated or justified. The Department has yet to make such a determination regarding the proposed project's consistency with the Climate Act.

There are substantial greenhouse gas (GHG) emissions which are currently associated with the existing and proposed uses. Based on the information currently available, it appears that the proposed project would be inconsistent with or would interfere with the attainment of the Statewide GHG emission limits established in the Climate Act. Environmental Conservation Law Article 75; 6 NYCRR Part 496.

Pursuant to Section 7(2) of the Climate Act, if an agency's decision would be inconsistent with or would interfere with the Statewide GHG emission limits, then the agency must also: (1) provide a detailed statement of justification of the project notwithstanding inconsistency with the Climate Act; and (2) identify alternatives or GHG mitigation measures to be required. Based on the information provided to date, the Department is not currently able to satisfy either of these two elements with respect to the proposed project absent additional information.

In addition to relevant permits from the Department, the proposed project also requires a Certificate from the New York State Board on Electric Generation Siting and the Environment (Siting Board) pursuant to Article 10 of the Public Service Law (Article 10). The Article 10 review process for the proposed project is currently ongoing before the Siting Board. Among other things, the Article 10 process is expected to assess the potential need or justification for the project.

As part of its Application, the Applicant has not proposed currently a sufficient GHG mitigation plan to meet measures to meet requirements of the Climate Act. The Department anticipates that additional GHG mitigation measures will likely be necessary to meet the requirements of the Climate Act, should a final permit be issued for the proposed project. The draft permit contains a condition addressing potential GHG mitigation requirements, requiring the applicant to identify and propose potential GHG mitigation measures for Department approval.

In addition to public comments on the draft permit, the Department also seeks comments on the proposed project's compliance with the Climate Act, including: (1) whether the proposed project would be inconsistent with or would interfere with the attainment of the Statewide GHG emission limits; (2) the potential need or justification for the project; and (3) appropriate alternatives or GHG mitigation measures to be required.

In accordance with 6 NYCRR Parts 621.7(d)(9) and 201-6.3(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 permit files, including the application and associated supporting materials, that are relevant to this permitting decision should contact the NYSDEC representative identified below. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/8569.html.

SPDES PERMIT MODIFDICATION

The Draft SPDES Permit contains a number of outfall modifications and deletions, which include permanently closing outfalls associated with cooling water, that will no longer be used and are associated with the existing Generating Station. The repowering project will eliminate all discharges associated with the existing cooling water system because the repowering project includes the construction and operation of a closed loop cooling system.

In addition, flow rates and treatment system will be changing. A new package sewage treatment system will be installed as part of the repowering project with a design flow rate of 5,000 gallons per day (GPD). This system will provide the necessary capacity for the treatment of sanitary wastewater generated at both the existing Generating Station and the Danskammer Energy Center.

As part of the repowering project, an auxiliary area is being added at the Site where the former reserve coal pile area is currently located. The auxiliary area will store back-up ultra-low sulfur diesel (ULSD) for the combined cycle plant and a water treatment facility to demineralize water for the combined cycle plant cooling system. Stormwater from the auxiliary area will be discharged from the southeast corner of the site to a new outfall.

In addition, an administration building, air cooled condensers, and other associated structures will be constructed southwest of the existing precipitator area. A series of stormwater catch basins and subsurface piping has been designed to collect all stormwater within this area and will tie into the existing stormwater collection system for discharge.

The Draft SPDES Permit includes updated forms and the latest general conditions. Details of changes are specified in the draft permit and fact sheet/statement of basis which may be viewed and printed from the Department web site at: http://www.dec.ny.gov/permits/6054.html.

PUBLIC STATEMENT HEARINGS

The Department has determined that it will hold public statement hearings to receive comments on these draft permits. Such hearings will be scheduled and held at a future date to be determined. A subsequent notice providing the dates and times and other necessary hearing details will be issued and published in the Department's Environmental Notice Bulletin (ENB). For additional information, a copy of the Department's permit hearing procedures is available on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

Persons wishing to inspect the subject permit files, including applications and relevant supporting materials which have been made available to the DEC (the "permitting authority") and are relevant to this permitting decision should contact the DEC representative listed below.

PUBLIC COMMENTS

Comments on this project must be submitted in writing to the Department by no later than August 29, 2021. Electronic submission of comments must be submitted to the Department at: DanskammerEnergy@dec.ny.gov. Comments may also be submitted via USPS mail to: New York State Department of Environmental Conservation, Division of Environmental Permits, Bureau of Energy Project Management, Attention: Michael Higgins, 625 Broadway, Albany, NY 12233-1750.

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 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 and cultural resources were identified. 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 no adverse impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

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

The proposed action is subject to CP-29. An enhanced public participation plan was submitted by the applicant and has become part of the complete application.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Aug 29, 2021.

Contact:

Michael T Higgins
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DanskammerEnergy@dec.ny.gov


Applicant:

Town of Newburgh
1496 St Rte 300
Newburgh, NY 12550

Facility:

Newburgh Nob Hill Sewer Dist
Fostertown Rd - N Side - E of Frozen Ln
Newburgh, NY 12550

Application ID:

3-3346-00043/00002

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Newburgh, Orange County

Project Description:

The New York State Department of Environmental Conservation (DEC) is proposing a renewal and Department Initiated Modification (DIM) to the State Pollutant Discharge Elimination System (SPDES) Permit NY0145599, pursuant to 6 NYCRR Part 750-1.16, and 1.18, following a full technical review.

This is a publicly owned treatment works that receives flow from domestic users. Wastewater consists of treated sanitary and is discharged via Outfall 001 to a tributary of the Hudson River, a class C water. The facility provides treatment for a design flow of 0.012 mgd. Treatment consists of primary and secondary treatments. Sludge is removed annually by a hauler. The following changes to the permit are proposed: Updated-Cover page format and information; Dissolved oxygen daily minimum; Monitoring locations diagram; and, Recording, reporting, and additional monitoring section to include NetDMR. Added-Year round daily monitoring for flow; Daily maximum limits and mass loadings for Carbonaceous Biological Oxygen Demand 5 (CBOD5) and Total Suspended Solid (TSS); New seasonal ammonia limits for summer and winter; Seasonal disinfection requirement of the plant effluent to meet to meet the requirements for fecal coliform and total residual chlorine; New mercury minimization program Type IV; Schedule of compliance to install disinfection treatment units to comply with the new seasonal disinfection limits; General requirements section; and, New schedule of submittals for short-term, high-intensity monitoring results for total dissolved solids and submission of a mercury conditional exclusion certificate every five years. Removed-Monthly and seven-day average for CBOD5 and TSS limits and mass loadings, and seasonal Total Kjeldahl Nitrogen (TKN) limits.

As a result of the full technical review, a new five-year term is proposed. The permit includes updated forms and the latest general conditions. Details of changes are specified in the draft permit and fact sheet/statement of basis which may be viewed and printed from the Department web site at: http://www.dec.ny.gov/permits/6054.html.

Requests for a legislative (public statement) hearing must be sent in writing to the DEC contact person below by the comment deadline. The Department assesses such requests pursuant to 6 NYCRR Section 621.8.

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:

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 Jul 30, 2021.

Contact:

Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov


Putnam County

Applicant:

RFB LLC
C/O Singleton, Davis, & Singleton
120 Main St
Mount Kisco, NY 10549

Facility:

Kent Manor
346 Nichols St
Carmel, NY 10512

Application ID:

3-3722-00041/00026

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 15 Water Withdrawal Public

Project is Located:

Kent, Putnam County

Project Description:

The applicant proposes disturbance to Freshwater Wetland LC-57 (Class I), its 100-foot adjacent area, and Michael's Brook (DEC Waters Index No. H-31-P 44-23-P 59-5, Class B) associated with the construction of a 150-unit condominium development located at 346 Nichols Street in the Town of Kent. The proposal would permanently impact 0.12 acres of Freshwater Wetland LC-57, and 4.7 acres of its adjacent area. The total project area is approximately 50 acres.
The proposed development would include a system of three groundwater wells with a withdrawal capacity of 175,680 gallons per day for potable water supply.

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:

A draft environmental impact statement has been prepared on this project and is on file.

SEQR Lead Agency: NYC Dept of Environmental Protection

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed and cultural resources were identified. 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 no adverse impact on registered or eligible archaeological sites or historic structures. 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 Jul 15, 2021.

Contact:

Christopher Lang
NYSDEC Region 3 Headquarters
21 S Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
DEP.R3@dec.ny.gov


Rockland County

Applicant:

Good Samaritan Hospital
255 Lafayette Ave
Suffern, NY 10901

Facility:

Good Samaritan Hospital
255 Lafayette Ave
Suffern, NY 10901

Application ID:

3-3926-00041/00005

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Ramapo, Rockland County

Project Description:

The Department has prepared a draft permit and has made a tentative determination, subject to public comment or other information, to issue an Air Title V Permit renewal for Good Samaritan Hospital, located on Lafayette Ave, Suffern, in the town of Ramapo, Rockland County, New York. Emission sources include three Cleaver Brooks boilers and three SI RICE engines. This facility requires Air Title V permitting because the potential to emit oxides of nitrogen exceeds the major source threshold.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.3(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. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/8569.html.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. Comments and requests for a public hearing should be in writing and addressed to the Department representative listed below. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

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 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 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 Jul 30, 2021.

Contact:

Carrie Mackey
NYSDEC Region 3 Headquarters
21 S Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
DEP.R3@dec.ny.gov


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