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ENB Region 9 Completed Applications 05/09/2007

ENB Region 9 Completed Applications 05/09/2007

Chautauqua County

Applicant:

Town of Villenova
Butcher Rd
South Dayton, NY 14138

Facility:

Quinn Lake Gravel Mine
Se of East Mud Lake RD/DYE Rd Intersection
Villenova, NY

Application ID:

9-0670-00004/00004

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 23 Title 27 Mined Land Reclamation

Project is Located:

Villenova, Chautauqua County

Project Description:

The application is for a 6.7 acre addition to the existing 9.5 acre sand and gravel mine and for mining deeper in the existing mine. It is proposed to mine below the ground water table elevation, changing the reclamation objective from agriculture to 6.5 acres of emergent marsh, 5.2 acres of open water (pond) and 4.5 acres of upland wildlife habitat. Part of the expansion is in the regulated 100-foot Adjacent Area of Freshwater Wetland #PE-17. The mine location is at the southeast corner of the intersection of East Mud Lake Road with Dye Road and the expansion area is on the east side of the existing mine.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of 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:

A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on 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 Jun 08, 2007.

Contact:

Kenneth C Taft
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
mailto:r9dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Erie County

Applicant:

Erie County
95 Franklin St
Buffalo, NY 14202 -3904

Facility:

Erie County Sewer District No 2
Entire Sewer District
Angola, NY 14006

Application ID:

9-1444-00056/00015

Permit(s) Applied for:

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

Project is Located:

Evans, Erie County

Project Description:

The applicant proposes to replace approximately 17,800 linear feet of 20 inch and 24 inch sanitary sewer force main in existing permanent rights-of-way and easements from the Point Breeze Pumping Station along Lake Shore Road to Delaware Creek, and the rehabilitation of two pump stations. Installation of the forcemain will include: open trench crossing of Lake Erie Tributaries E21b (Class B) and E21c (Class B); directional boring under Lake Erie Tributary E21a (Class B); and clearing of vegetation and the installation of approximately 250 linear feet of forcemain within the 100-foot wide regulated adjacent area of NYS Freshwater Wetland AN-4 (Class 2). Rehabilitation of the Point Breeze Pumping Station will involve drainage pipe installation and grading activities within the bed and banks of Muddy Creek (Class B).

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of 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: Erie County Dept of Environment & Planning

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. 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 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.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 25, 2007.

Contact:

Charles D Cranston
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mailto:r9dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Applicant:

E I Dupont De Nemours & Co
1007 Market St
Wilmington, DE 19898

Facility:

E I Dupont Yerkes Plant
Sheridan Dr at River Rd
Tonawanda, NY 14150

Application ID:

9-1464-00031/00292

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Tonawanda, Erie County

Project Description:

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of an Air Title V permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments for the existing facility wide air emissions. E. I. duPont de Nemours & Company, Inc. (hereinafter DuPont) owns and operates the DuPont Yerkes site located at Sheridan Drive & River Road, Tonawanda, New York. The DuPont Yerkes site contains two independent business units identified as Corian(R)(SIC# 3088) and Tedlar(R) (SIC# 3081). Corian(R) building products are made from a filled polymethyl methacrylate polymer and are either cast into shapes or extruded as sheets. There are currently two casting lines, one mold injection line, a methyl methacrylate polymer production area, and support areas for raw material storage and chemical preparation. Tedlar(R) is a polyvinyl fluoride film that is manufactured in numerous colors and thicknesses. There are two Tedlar(R) process lines including an extrusion line and a coating line. In addition, there is a vinyl fluoride polymer production area.

These businesses emit in excess of 50 tons per year (tpy) of volatile organic compounds (VOC). The Corian(R) business emits methyl methacrylate, a hazardous air pollutant (HAP), in excess of 10 tpy. As such, the facility actual emissions of VOC and HAP exceed the major source permitting thresholds of 50 tpy and 10 tpy, respectively. The production processes associated with the manufacturing of Corian(R) and Tedlar(R) are also subject to the Reasonably Available Control Technology (RACT) provisions for VOC emissions. The volatile organic liquid storage equipment associated with the production processes are subject to VOC RACT requirements and certain storage tanks are also required to satisfy the New Source Performance Standards (NSPS). Other operations at the facility include a halogenated solvent cleaning machine which is subject to the Maximum Achievable Control Technology (MACT) requirements.

The Tedlar SP coating line is required to limit VOC emissions below 40 tpy to avoid applicability to New Source Review. This limit is specified in the permit for emission source S0027. In addition, the permit contains flexibility provisions provided for in 6 NYCRR Part 201-6.5(f).

This Title V permit renewal also incorporates permit modifications which allowed the addition of a baghouse to capture particulate emissions on existing sheet line #1. A new rule for National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 cfr part 63 subpart JJJJ, applicable to paper and other web coatings was applied to the Tedlar®) SP Line. A new vapor degreaser is subject to NESHAP 40 cfr 63 subpart T.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.4(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. It is recommended that an appointment be made to confirm the availability of the subject files. The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. A public hearing may be legislative or adjudicatory. A legislative public hearing is a proceeding which provides an additional opportunity for public comment. DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists. If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments. The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination. An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for the renewal of the applicant's Title V permit.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of 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 permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

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 Jun 08, 2007.

Contact:

Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mailto:r9dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Niagara County

Applicant:

Delphi Automotive Systems LLC
5725 Delphi Dr
Troy, MI 48098 -2815

Facility:

Delphi Thermal Systems
200 Upper Mountain Rd
Lockport, NY 14094

Application ID:

9-2909-00018/00498

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Lockport, Niagara County

Project Description:

The Department has prepared a draft permit and made a tentative determination to approve the renewal of the Title V operating permit for Delphi Thermal Systems, located in Lockport, New York where they manufacture automotive thermal systems. The facility remains a major source of volatile organic compounds (VOC) having actual emissions greater than 50 tons per year, however emissions of hazardous air pollutants (HAPs) are now less than the major source threshold of twenty-five tons of total HAPs with no single HAP in excess of 10 tons. In addition, there are no longer any solvent surface coating operations at the facility subject to Part 228 requirements.

As part of this permit renewal, operations previously identified as Supplier Park Industries, a foam rubber products supplier operating as an independent facility at the Lockport site with an Air Facility Registration, have been incorporated into this Title V facility draft permit.

Delphi has also consolidated another facility, Amherst Injection Molding, into the Lockport facility. The operations/equipment being relocated are plastic injection molding presses that process resins and two gasket lines involving the application of silicone rubber compound to plastic parts which are then cured in an electric oven. The injection molding presses are exempt sources under Part 201-3.2(c)(36). The gasket lines have no emission points and technical data indicates no emissions are generated during the application and curing operations.

VOC emissions have been evaluated and determined to be in compliance with the Reasonably Available Control Technology (RACT) requirements of 6NYCRR, Part 212.10 for process sources, 6NYCRR, Part 226.2- Solvent Metal Cleaning, and 6NYCRR, Part 230.5-Gasoline Dispensing Sites. Emissions of particulates are subject to 6NYCRR, Part 212.4(c).

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.4(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. It is recommended that an appointment be made to confirm the availability of the subject files. The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. A public hearing may be legislative or adjudicatory. A legislative public hearing is a proceeding which provides an additional opportunity for public comment. DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists. If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments. The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination. An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of 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 permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

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 Jun 08, 2007.

Contact:

Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mailto:r9dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Wyoming County

Applicant:

Hans Boxler

Facility:

Hidden Valley Animal Adventures
2614 Royce Rd
Varysburg, NY 14167

Application ID:

9-5640-00033/00003

Permit(s) Applied for:

Article 15 Title 5 Dam
Article 17 Titles 7 & 8 P/C/I SPDES - Surface

Project is Located:

Orangeville, Wyoming County

Project Description:

The applicant intends to open a commercial animal park to be located on the east side of Royce Road and approximately 4,000 feet south of its intersection with Route 98 in the Town of Orangeville. In 2005, an approximately 2.6 acre pond was made by constructing an earthen dam approximately 24 feet high, rated as an "A" hazard dam. In order to operate tour vehicles around the pond on top of the dam, the applicant proposes to make modifications to the earthen dam, including: Addition of a 6 inch layer of screened bank run gravel over a geotech fabric; providing a concrete grade stabilizer in the level section of the auxiliary spillway; and installation of guardrail.

Plans for the facility include a 204 seat restaurant and gift shop. The Department has prepared a draft permit and made a tentative determination to approve discharge of 10,015 gallons per day of treated sanitary wastewater from a septic tank sand filter and cascade aeration system to tributary 69 of Tonawanda Creek (class A,A). The application, draft permit and supporting documents are available for review and comment at the Buffalo Regional Office listed below during regular business hours. Refer to this application by the application number and SPDES Number NY-0269735.

Availability of Application Documents:
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: Orangeville Town Board

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. 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 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 Jun 11, 2007.

Contact:

Charles D Cranston
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mailto:r9dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


Applicant:

Wyoming County
Court House
143 North Main St
Warsaw, NY 14569

Facility:

Pike Bridge 11 Bin 3320150
East Hillside Rd Over Trout Brook
Pike, NY

Application ID:

9-5644-00040/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 15 Title 5 Stream Disturbance

Project is Located:

Pike, Wyoming County

Project Description:

The applicant proposes to rehabilitate the East Hill Road bridge over Trout Brook by replacing superstructure, repairing abutments and wing walls and adding riprap for scour protection of the structure. The work site is within freshwater wetland PI-2 which is associated with Trout Brook.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of 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 permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

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 May 25, 2007.

Contact:

Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mailto:r9dep@gw.dec.state.ny.us?bcc=enb2@gw.dec.state.ny.us


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