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ENB - Region 8 Notices

Combined Notice of Complete Application, Notice of Completion of Draft Environmental Impact Statement, and Notice of Public Hearing

Project Description:

The Region 8 New York State Department of Environmental Conservation, as lead agency, has determined that the Mayers Marina Expansion Application is complete. The proposed project is located at 7 Lake Road in the Town of Webster, Monroe County. It is a 3 phased expansion of the existing 240 boat marina located at the northern end of Irondequoit Bay. In addition to the proposal to install floating docks to accommodate up to 300 additional boats, the project includes the following: expansion of existing on-site and off-site shuttle parking; installation of 350 linear feet of vertical steel retaining wall; construction of a new sanitary boat pump-out station; construction of a bio-retention area for stormwater; and construction of a new 225 square foot restroom facility.

State Environmental Quality Review (SEQR) Determination:

The project is an Unlisted Action pursuant to ECL Article 8, State Environmental Quality Review Act (SEQRA) and is Major pursuant to Article 70 (Uniform Procedures Act). The Department conducted a coordinated review under the SEQR regulations and is the Lead Agency for the SEQRA review of this action. The Department issued a Positive Declaration of environmental significance on February 25, 2002. A Public Scoping meeting was held on April 28, 2004. The Draft Environmental Impact Statement (DEIS) was initially submitted by the applicant on December 14, 2004, with revisions submitted on October 24, 2006, February 19, 2007 and December 27, 2007. Staff have made the determination, as of the date of this Notice, that the DEIS is sufficiently complete and adequate in format and content to be accepted for public review and comment.

Opportunities for Public Review and Comment :

The NYS DEC Permit Application ID # for this project is 8-2654-00075/00008. The Draft Environmental Impact Statement (DEIS) for the project may be reviewed online at: http://www.mayersmarina.com. The application was filed and is being reviewed pursuant to ECL Article 3, Title 3 (General Functions); Article 8 and 6 NYCRR Part 617 (State Environmental Quality Review); Article 15 and 6 NYCRR Part 608 (Protection of Waters and 401 Water Quality Certification); Article 24 and 6 NYCRR Part 663 (Freshwater Wetlands); and Article 70, 6 NYCRR Part 621 (Uniform Procedures).

The filed application documents, and Department draft permits where applicable, are available for inspection under the Freedom of Information Law during normal business hours at the address of the contact person listed below.

Public Hearing:

Staff have determined that a Legislative Hearing will be held to receive comments on this application and the DEIS. The Hearing will be conducted pursuant to 6 NYCRR Part 617. The Hearing will be held on Wednesday, February 20, 2008 at the Webster Town Hall. The Town Hall is located at 1000 Ridge Rd., in the Town of Webster. All persons, organizations, corporations or government agencies that may be affected by the Project are invited to attend the legislative hearing session. It is not necessary to file a written request in advance to speak at the legislative hearing. Members of the public may make oral statements or file written statements at the hearing. The hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services shall be made available to hearing-impaired persons, at no charge, upon written request to the NYS DEC Regional Permit Administrator at least seven business days before the hearing. In addition, the Department will accept written comments on the applications and the DEIS until March 7, 2008.

Contact: Robert I. Shearer, NYS DEC Region 8, 6274 East Avon-Lima Rd., Avon, NY 14414, Phone: (585) 226-5400, Fax: (585) 226-2830, E-mail: risheare@gw.dec.state.ny.us.

Negative Declaration

Genesee County - The Village of Bergen, as lead agency, has determined that the proposed Wastewater Treatment Facility Upgrade will not have a significant adverse environmental impact. The action involves the upgrade and expansion of the Waste Water Treatment Facility from 0.107 MGD to 0.208 MGD on the property owned by the Village of Bergen. The project is located on NYS Route 19 in Bergen, New York.

Contact: Wayne Bailey, Village of Bergen, Phone (585) 494-1513, E-mail: wbailey@villageofbergen.com.

Amended Negative Declaration

Steuben County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Glenn O. Hawbaker, Inc. - Presho Pit will not have a significant adverse environmental impact. The action involves the construction and operation of a new 68.25 acre surface sand and gravel mine on a 175.17 acre parcel in the Town of Lindley, on Presho Lindley Road approximately 1 mile southeast of Presho. Mining is not proposed for below the local water table, except for the excavation of a half acre pond as a source for process wash water. Excavation by mechanical equipment is proposed to remove approximately 5 million cubic yards of sand and gravel over the estimated 15 year operational life of the mine. Material will be processed on site by a crushing, screening, and washing plant. Final reclamation will restore the site to graded and revegetated meadow and open space, with the water supply pond filled in. This Amended Negative Declaration supercedes the Negative Declaration for this project dated June 21, 2007. During an extended public comment period including a Legislative Public Hearing, comments received from the public, local government, and the County DPW led the Department to conclude that additional assessment of the project's effects should be undertaken. Comments raised concerns over traffic, traffic safety, noise, dust, and community character, and cited increased costs for road maintenance as a result of the project. The Department requested additional information from the applicant and received additional details regarding traffic, traffic safety, and noise, in October and December 2007 submissions. Department staff determined these concerns were adequately addressed in the additional submissions including changes to the project presented in a revised mining plan submitted January 23, 2008 and a letter dated January 24, 2008. The project is located at 1730 Presho Lindley Road (approximately) in the Town of Lindley, New York.

Contact: Roger McDonough, NYS DEC - Region 8 Office, Phone (585) 226-2466.

Negative Declaration

Yates County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Drilling Permit Application for Chesapeake Appalachia, LLC Proposed Cleon Martin 1 Natural Gas Well Located within Yates County Agricultural District #01 will not have a significant adverse environmental impact. The action involves the drilling of a natural gas well located within Yates County Agricultural District #01. Drilling operations will be conducted in accordance with the drilling permit issued and rules and regulations of the Department. The total area proposed to be disturbed during the initial construction phase for the well site and access road is 136,995 square feet or approximately 3.14 acres. After the well has been drilled, it will be put into production or plugged and abandoned. The well pad and access road areas for a producing well will be reduced to 3,678 square feet or approximately 0.084 acres and the remaining disturbed areas reclaimed. If the well is plugged and abandoned, the site will be reclaimed. The project is located approximately 175 feet west of Bill Bailey Road, 1090 feet south of Ellis Road and 2,610 feet southeast of the intersection of Old Bath Road and Ellis Road in the town of Barrington, New York.

Contact: Linda Collart, NYS DEC, 6274 East Avon-Lima Road, Avon, NY 14414, Phone: (585) 226-5376, E-mail: lacollar@gw.dec.state.ny.us.

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