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ENB Region 5 Completed Applications 07/14/2021

Clinton County

Applicant:

Scott Dukette

Facility:

Dukette Property Lake Champlain
276 Cumberland Head Rd
Plattsburgh, NY 12901

Application ID:

5-0942-00521/00001

Permit(s) Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Plattsburgh, Clinton County

Project Description:

The applicant proposes to demolish a failed 14'Hx43'L retaining wall (approx 16-24' from house) with a 90'Lx6'W rip rap toe (1:1 slope) and a vegetated slope (2:1) up to a point roughly 10' from house.

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 29, 2021.

Contact:

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


Warren County

Applicant:

Lehigh Cement Company LLC
313 Warren St
Glens Falls, NY 12801

Facility:

Lehigh Cement Company LLC
313 Warren St
Glens Falls, NY 12801

Application ID:

5-5205-00013/00058

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Glens Falls, Warren County

Project Description:

The Department has prepared a draft permit and made a tentative determination to approve a modification of the existing Air Title V Facility permit for the Lehigh Cement Company. The modification reduces allowable emissions of Nitrogen Oxides (NOx) by 13 percent and reduces allowable emissions of Sulfur Dioxide by 73 percent. Additionally, it requires the installation of continuous emissions monitors for Sulfur Dioxide (the facility already has NOx monitors). These changes are the result of a nationwide consent order with the facility's parent company concerning violations that occurred at other plants. The new NOx limit is considered Reasonably Available Control Technology (RACT) and will be submitted to EPA for approval as a source-specific SIP revision. Other changes to the permit are removal or replacement of obsolete or duplicative conditions.

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: https://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: https://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.

This project is subject to the Department's Environmental Justice Policy and an enhanced public participation plan has been prepared and accepted as a component of application completeness. As part of the plan, a document repository has been established near the project area that contains application and project related materials. Information on the repository location and other outreach components of the plan is available from the identified DEC contact.

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)

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 13, 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


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