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ENB Region 9 Completed Applications 06/25/2008

Chautauqua County

Applicant:

Bryant Knowles

Facility:

Knowles Property
6015 Dredge Ditch Rd
Cherry Creek, NY

Application ID:

9-0630-00044/00003

Permit(s) Applied for:

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

Project is Located:

Cherry Creek, Chautauqua County


Project Description:

The applicant proposes to upgrade a portion of an existing farm road (14-foot wide by 100-foot long) by installing filter fabric, gravel fill and a culvert for water flow. The project is located in the regulated Adjacent Area of State Freshwater Wetland No. CK-2. As mitigation for the wetland Adjacent Area impacts, an existing pond will be expanded 1,400 square feet, 6 to 12 inches deep, and wetland vegetation will be planted. The project site is located at the facility address listed above.

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 10, 2008.

Contact:

Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
dep.r9@dec.ny.gov


Applicant:

Chautauqua County
3 N Erie St
Mayville, NY 14757 -1007

Facility:

Chautauqua County Landfill
3889 Towerville Rd
Ellery Center, NY 14701

Application ID:

9-0636-00006/00017

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Ellery, Chautauqua County


Project Description:

The Department has prepared a draft permit and has made a tentative determination to approve this application for renewal and major modification of an Air Title V permit. The draft permit includes updates to existing equipment, operational changes, new and revised regulatory requirements. The major permit modification includes a proposed 9.6 megawatt Landfill Gas Fueled Electricity Generating (LFGFEG) Facility utilizing landfill gas from the existing Chautauqua County Landfill as a source of fuel. The LFGFEG facility is proposed to be the primary means to control landfill gas emissions from the existing landfill using up to six internal combustion engines rated at 2,233 brake horsepower (Bhp) per engine.

The uncontrolled (non-methane organic compounds) NMOC emission rate from the existing landfill is estimated to be greater than 50 megagrams per year. Therefore, this permit action includes collection and control requirements for the landfill gas as specified in 6NYCRR Part 208. The facility wide potential emissions of Nitrogen Oxides (NOx) and Volatile Organic Compounds (VOC) are less than the major source threshold of 100 tons per year (tpy) and 50 tpy, respectively. As such, the facility is not subject to the 6NYCRR Part 231-2 New Source Review requirements or the NOx Reasonably Available Control Technology limits. As per 40CFR52.21 Prevention of Significant Deterioration (PSD), the potential emissions of attainment area pollutants from the existing facility and the proposed LFGFEG project, by themselves, are less than the major source threshold of 250 tpy. This permit action is, therefore, not subject to the PSD requirements. However, the total facility-wide potential emissions after the proposed project is complete will be major for carbon monoxide and will exceed the major threshold of 250 tpy.

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 an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency: NYS Department of Environmental Conservation

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 25, 2008.

Contact:

David S Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
dep.r9@dec.ny.gov


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