Town of Wallkill - Ecobat Resources New York LLC

Notice of Complete Application

Applicant:

ECOBAT RESOURCES NEW YORK LLC
65 BALLARD RD
MIDDLETOWN, NY 10941

Facility:

Ecobat Resources New York LLC
65 BALLARD RD
MIDDLETOWN, NY 10941

Application ID:

3-3352-00145/00072

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification

Project is Located:

WALLKILL, ORANGE COUNTY

Project Description:

The applicant proposes to remove an estimated 11,924 cubic yards of soil and sediment which is contaminated with lead and arsenic along approximately 7,952 linear feet of Phillipsburg Creek. Contaminated material will be disposed of within the Operable Unit 1 containment cell. No work will be conducted within the Wallkill River. Adverse effects to the river will be mitigated by implementing best management practices controlling turbidity and sedimentation. Excavated sections of Phillipsburg Creek will be reconstructed and monitored. The applicant is required to conduct this work in accordance with the February 1, 2011 Order on Consent and Administrative Settlement Agreement Index #3-201 00528 between the NYSDEC, Revere, and Eco-Bat New York and the associated Record of Decision dated September 19, 2011.

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:

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.

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 May 23, 2024.