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ENB Region 9 Completed Applications 06/18/2008

Allegany County

Applicant:

Noble Allegany Windpark LLC
7294 Centerville Rd
PO Box 72
Bliss, NY 14024 -0072

Facility:

Noble Allegany Windpark
7453 Acres Extending 3 Mi E, W, & S From Centerville & 2 Mis N
Centerville, NY 14024

Application ID:

9-0299-00040/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Centerville, Allegany County


Project Description:

The proposed Noble Allegany Wind Park involves a 7453-acre area in the Towns of Centerville and Rushford in the Allegany County, New York. The project sponsor, Noble Environmental Power, proposes construction and operation of an approximately 100.5 megawatt (MW) wind power project consisting of up to 67 wind turbines with a nameplate capacity of 1.5 MW, construction of approximately 14 miles of access roads, and installation of 24.5 miles of electric collection line.
Permanent impacts to wetlands from construction of the generation portion of the wind farm include 0.00008 acres of impact to NYS DEC Freshwater Wetland (FW) W138. Permanent impacts to wetland adjacent areas (within 100 feet of the wetland itself) total 0.00016 acre and include: 0.00008 acres to DEC FW W138, 0.00004 acres to DEC FW W139, and 0.00004 acres to DEC W140. Temporary impacts due to construction right of way to NYS DEC Freshwater Wetlands (FW) total 0.41459 acre and include: 0.33496 acres to FW W138; 0.00400 acres to FW W139; 0.07563 acres to FW W141. Temporary impacts to the 100 foot adjacent area of the wetlands total 0.50254 acre and include: 0.17079 acres to FW W138; 0.06037 acres to FW W139; 0.04936 acres to FW W140; and 0.22202 acres to FW W141.
This project will also require a 401 Water Quality Certification due to impacts to federal jurisdictional wetlands to include 0.03 acre of permanent loss, 1.27 acre of temporary impacts, and 0.03 acre of permanent cover type conversion.

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:

A draft environmental impact statement has been prepared on this project and is on file.

SEQR Lead Agency: Centerville 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 an impact on registered or eligible archaeological sites or historic structures. The department must consult further with OPRHP before making a final decision regarding the issuance of the permit.

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 18, 2008.

Contact:

Rudyard G Edick
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us


Cattaraugus County

Applicant:

Village of Randolph
72 Main St
Randolph, NY 14772 -1122

Facility:

Battle Creek & Little Conewango Conflue
Washington St EXT|BATTLE CREEK/LITTLE Conewango Creek
Randolph 14772, NY

Application ID:

9-0476-00045/00010

Permit(s) Applied for:

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

Project is Located:

Randolph, Cattaraugus County


Project Description:

The applicant proposes to skim and remove gravel from a 150 ft. long gravel bar that has accumulated at the confluence of Battle and Conewango Creeks. The purpose of the project is to restore channel capacity to alleviate flooding problems in the area and the high water level upstream of the deposit that is jeopardizing operations at the Villages of Randolph and East Randolph Sewer Treatment Plant. The project site is located at the facility address listed above, which is adjacent to the NYSDEC's Conewango Swamp Wildlife Management Area.

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:

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 Jul 03, 2008.

Contact:

Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us


Chautauqua County

Applicant:

Dunkirk Historical Lighthouse & Veterans Park Museu
1 Lighthouse Pt Dr N
Dunkirk, NY 14048

Facility:

Dunkirk Lighthouse
1 Lighthouse Pt Dr N
Dunkirk, NY 14048

Application ID:

9-0603-00074/00001

Permit(s) Applied for:

Article 34 Coastal Erosion Management
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Excavation & Fill in Navigable Waters

Project is Located:

Dunkirk, Chautauqua County


Project Description:

The applicant proposes construction of a cast-in-place, reinforced concrete retaining wall measuring up to 300 linear feet, to replace a section of failed wall above the mean high water elevation of Lake Erie. In addition to installation of a new permanent safety railing, the project will include bluff clearing and grubbing, removal of a temporary safety barricade and installation and removal of temporary safety walkways and railings as needed. To avoid damage and/or interference with the project, the signal tower will be relocated on site and reset onto a new concrete pad. Approximately 150 feet of the wall will be repaired initially, with the remainder of repairs performed in phases contingent on funding.

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:

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 Jul 03, 2008.

Contact:

Denise C Matthews
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Applicant:

Cummins Inc
4720 Baker St Ext
Lakewood, NY 14750 -9762

Facility:

Cummins Inc - Jamestown Engine Plant
4720 Baker St Ext
Lakewood, NY 14750

Application ID:

9-0622-00003/00071

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Busti, Chautauqua County


Project Description:

The Department has prepared a draft permit and has made a tentative determination to approve this application for renewal of the existing Title V Facility Permit for the Cummins Engine Company, Inc., Jamestown Engine Plant. The Draft Permit includes one regulatory change that occurred in Subpart 227-2 Reasonably Available Control Technology (RACT) for Nitrogen Oxides (NOx). Specifically, the regulation exempts the engine test cells from the NOx RACT requirements of this regulation.

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. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.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: http://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.

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 Jul 18, 2008.

Contact:

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


Applicant:

Brett A Mascia

Facility:

Mascia Property
3015 Jamestown Ave
Bemus Point, NY 14712

Application ID:

9-0636-00207/00001

Permit(s) Applied for:

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

Project is Located:

Ellery, Chautauqua County


Project Description:

The applicant proposes to install 190 feet of rock riprap erosion protection along the Chautauqua Lake shoreline and 6 ft. wide by 8 ft. long concrete stairs to access the lake. The project site is located at the facility address listed above, which is south of NYS Rte. 430 and west of Greenhurst.

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:

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 Jul 03, 2008.

Contact:

Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us


Applicant:

Peter Louis Depowski

Facility:

Depowski Property
3013 Jamestown Ave
Bemus Point, NY 14712

Application ID:

9-0636-00208/00001

Permit(s) Applied for:

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

Project is Located:

Ellery, Chautauqua County


Project Description:

The applicant proposes to install 160 feet of rock riprap erosion protection along the Chautauqua Lake shoreline and 6 ft. wide by 8 ft. long concrete stairs to access the lake. The project site is located at the facility address listed above, which is south of NYS Rte. 430 and west of Greenhurst.

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:

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 Jul 03, 2008.

Contact:

Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us


Applicant:

Village of Westfield
23 Elm St
Westfield, NY 14787 -1401

Facility:

Westfield STP
Old Hawley St
Westfield, NY 14787

Application ID:

9-0672-00026/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Westfield, Chautauqua County


Project Description:

The NYS Department of Environmental Conservation has prepared a Department Initiated Modification to the State Pollutant Discharge Elimination System (SPDES) Permit No. NY-0021334 pursuant to 6 NYCRR Part 750-1.18, New York State's Environmental Benefit Permit Strategy (EBPS). The Westfield Water Pollution Control Facility (WPCF) has an existing discharge of 2.6 million gallons per day of treated sanitary wastewater to Chautauqua Creek. The draft permit modification resulted from a full technical review under the EBPS. The modified permit contains a change in the seasonal Ammonia limit. No other changes in SPDES Final Effluent Limitations are being proposed. The previous schedule of compliance for short term monitoring has been replaced with one requiring short term monitoring for Beryllium, Total; Cadmium, Total; Copper, Total; Mercury, Total; Nickel, Total; Silver, Total; Zinc, Total; and Phenols, Total. The Westfield WPCF is located at 20 Old Hawley Street in the Village of Westfield. A draft SPDES permit and fact sheet have been prepared. Additional information including the current permit, renewal applications, and supporting documentation may be obtained from or inspected at the DEC Region 9 office in Buffalo. Substantive comments on the permit or requests for hearing or both must be submitted in writing to the contact person. DEC seeks comments on the proposed regulated activity prior to making a final decision on permit issuance. Refer to this application by the application number listed above and by SPDES No. NY-0021334.

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:

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 Jul 18, 2008.

Contact:

Joseph R Murray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


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