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ENB Region 3 Completed Applications 12/28/2022

Dutchess County

Applicant:

Iroquois Gas Transmission System LP
One Corporation Dr Ste 600
Shelton, CT 06484

Facility:

Dover Compressor Station
186 Dover Furnace Rd (Co Rte 46)
Dover Plains, NY 12522

Application ID:

3-1326-00211/00001

Permit(s) Applied for:

Article 19 Air State Facility

Project is Located:

Dover, Dutchess County

Project Description:

NYSDEC has prepared a draft permit and has made a tentative determination, subject to public comment or other information, to approve an Air State Facility (ASF) permit modification for the Dover Compressor Station for the addition of 12,000 horsepower ("hp") of new compression and associated facilities. The upgrades at the Dover Compressor Station are part of the Iroquois Enhancement by Compression Project ("ExC Project"). The ExC Project also includes upgrades at the Athens Compressor Station in Athens, New York and the Milford and Brookfield Stations in Connecticut. The ExC Project is designed to provide a total of 125,000 Dekatherms per day ("Dth/d") of incremental firm natural gas transportation service to two existing customers of Iroquois, Consolidated Edison Company of New York, Inc. ("Con Ed") and KeySpan Gas East Corporation d/b/a National Grid ("National Grid").

With respect to air pollution regulation, the activities of concern at the Dover Compressor Station are emissions of criteria contaminants which are produced from the operation of the stationary combustion turbines used to compress the natural gas in the pipeline operated by Iroquois. Control measures include low NOx combustion technology and oxidation catalysts.

Pursuant to the requirements of Section 7(2) of the Climate Leadership and Community Protection Act (Climate Act), Chapter 106 of the Laws of 2019, NYSDEC has requested and received information regarding the ExC Project's consistency with the Climate Act. The ExC Project includes the installation of GHG mitigation measures, including Vent Recovery Systems (VRS) at each of the four Project compressor stations in NYS and CT, and fuel use restrictions limiting the maximum operation of each new turbine. Iroquois also proposed the installation of VRS, if feasible, at each of three other (i.e., non-Project) compressor stations located in NYS (Boonville, Croghan, and Wright) as additional GHG mitigation. These have been incorporated into the draft ASF permits and would be included, along with any other GHG mitigation measures as appropriate, as part of any ASF permits ultimately issued by NYSDEC, provided that the other elements of Section 7(2) can be met.

Pursuant to Section 7(3) of the Climate Act, NYSDEC and other agencies must ensure that its permitting and other administrative decisions do not disproportionately burden Disadvantaged Communities. NYSDEC has requested and received information from Iroquois regarding the Project's potential impact on Disadvantaged Communities, as identified pursuant to the Climate Act. The Dover Compressor Station is immediately adjacent to and has the potential to impact a draft Disadvantaged Community. Therefore, at NYSDEC's request, Iroquois provided a Disadvantaged Communities (DAC) Evaluation for the ExC Project. While Iroquois asserts that the ExC Project would not disproportionately burden any Disadvantaged Communities, NYSDEC has not yet made a final determination. Prior to issuing any permits for the Facility, NYSDEC would need to ensure compliance with the requirements of Climate Act Section 7(3).

While NYSDEC is making the draft Air State Facility permit available for public review and comment, NYSDEC has not made any final determination to issue any final permits for the Facility. Prior to issuing any final permits for the Facility, NYSDEC would need to ensure that it can meet the requirements of both Section 7(2) and Section 7(3) of the Climate Act. NYSDEC has yet to make either determination. NYSDEC may seek additional information from the Applicant to facilitate making these legally required determinations.

The Federal Energy Regulatory Commission (FERC) is the lead agency for the environmental review of interstate natural gas facilities under the federal Natural Gas Act. FERC staff prepared a Final Environmental Impact Statement (FEIS), dated November 12, 2021, for the ExC Project, Docket No. CP20-48-000, pursuant to NEPA. The FERC FEIS can be viewed and downloaded at: https://elibrary.ferc.gov/idmws/docket_search.asp by entering the Docket No. and the date of the FEIS in the search boxes. The federal environmental review process conducted by FERC pursuant to NEPA takes the place of an environmental review conducted under the State Environmental Quality Review Act. NYSDEC evaluates the FERC NEPA documents and the permit applications submitted by applicants to NYSDEC to ultimately make a determination regarding issuance of NYSDEC authorizations.

Filed application documents and the NYSDEC draft ASF permit are available at: https://www.iroquois.com/operations/projects/exc-project.

Application documents are also available for inspection at the following locations during normal business hours:

  • Dover Plains Library 1797 Route 22 Wingdale, NY 12594 845-832-6605
  • D.R. Evarts Library 80 Second Street Athens, NY 12015 518-945-1417

A legislative hearing pursuant to 6 NYCRR Part 621 (Uniform Procedures) to receive unsworn comments from the public on the ASF application will be held on Tuesday, January 31, 2023, beginning at 6:00 p.m. The hearing will be conducted electronically through the Webex platform.

All persons, organizations, corporations, or government agencies who may be affected by the ExC Project are invited to attend the hearing and comment on the ASF application. Instructions on how to attend the hearing are provided https://www.dec.ny.gov/enb/126855.html or by calling (518) 402-9003.

Individuals and parties may file written comments to the Contact Person or may submit comments electronically at DEPEnergy@dec.ny.gov All written filed comments and electronically submitted comments must be received no later than 5:00 p.m. on February 7, 2023.

Following the hearing, NYSDEC will determine whether substantive or significant issues have been raised as defined in 6 NYCRR Part 621 Uniform Procedures, and if an adjudicatory public hearing should be scheduled before an administrative law judge. In order to raise substantive and significant issues, written comments expressing objections or opposition to the application must explain the basis of that opposition and identify the specific grounds which could lead NYSDEC to deny or impose significant permit conditions on the ExC Project.

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:

SEQR is preempted by federal law.

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 Feb 07, 2023.

Contact:

Karen M Gaidasz
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPEnergy@dec.ny.gov


Putnam County

Applicant:

NYC Dept of Environmental Protection
96-05 Horace Harding Expy Fl 5
Corona, NY 11368

Facility:

West Branch Auxiliary Dam CRO-534
West Branch Reservoir
Carmel, NY 10512

Application ID:

3-3720-00447/00001

Permit(s) Applied for:

Article 15 Title 5 Dam
Article 24 Freshwater Wetlands
Article 15 Title 5 Stream Disturbance

Project is Located:

Carmel, Putnam County

Project Description:

The applicant proposes improvements to the West Branch Auxiliary Dam (NYS ID: 231-0511B), including flattening/stabilizing the downstream slope, installing drainage infrastructure, and reconstructing US Route 6 which is carried over the dam crest. The proposed improvements would disturb Freshwater Wetland LC-30, its 100-foot adjacent area, and Crafts Brook [DEC Waters Index No. H-31-P44-23-1, Class C(T)], assocated with grading and installation/repair of drainage infrastructure.

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: NYC Dept of Environmental Protection

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 Jan 12, 2023.

Contact:

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


Westchester County

Applicant:

Bruce Fiorito

Facility:

Fiorito Property
Colabaugh Pond Rd
Cortlandt, NY 10520

Application ID:

3-5522-00386/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Cortlandt, Westchester County

Project Description:

The applicant proposes to create approximately 300 square feet of disturbance to the Adjacent Area of NYS Freshwater Wetland O-11 (Class II) associated with the consturction of a driveway and associated grading.

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 Jan 12, 2023.

Contact:

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


Applicant:

Elizabeth Green

Facility:

Green Property
6 Yale Pl
North Castle, NY 10504

Application ID:

3-5538-00249/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

North Castle, Westchester County

Project Description:

The applicant proposes to create 680 square feet of disturbance to the 100-foot Adjacent Area of NYS Freshwater Wetland G-5 (Class III) associated with the construction of an in-ground swimming pool.

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:

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 Jan 12, 2023.

Contact:

Frank J Benedetto, III
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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