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ENB Region 9 Completed Applications 02/25/2009

Allegany County

Applicant:

Cuba Lake District
PO Box 201
Cuba, NY 14727 -0201

Facility:

Cuba Lake & Tributaries
North and South Cuba Lake Roads
Cuba, NY 14727

Application ID:

9-0248-00029/00016

Permit(s) Applied for:

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

Project is Located:

Cuba, Allegany County


Project Description:

The applicant proposes to dredge approximately 9,500 cubic yards of accumulated sediment and debris, which are causing navigation difficulties. The project site is located in a 104,000 sq. ft. area of Cuba Lake, around the mouth of Munger Hollow Creek. The dredged sediment will be spoiled at the Taylor Property, which is located east of the intersection of Abbotts and North Cuba Lake Roads.

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 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 Mar 12, 2009.

Contact:

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


Erie County

Applicant:

FMC Corp
1735 Market St
Philadelphia, PA 19103

Facility:

FMC Corp - Peroxygens Divis
35 Sawyer Ave
Tonawanda, NY 14150

Application ID:

9-1464-00040/00015

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Tonawanda, Erie County


Project Description:

The New York State Department of Environmental Conservation (DEC) is pursuing a Department Initiated Modification (DIM) to the State Pollutant Discharge Elimination System (SPDES) Permit (NY 000 0337), pursuant to 6 NYCRR Part 750-1.18, New York State's Environmental Benefit Permit Strategy (EBPS). The following changes to the permit are proposed:

Discharge notification act requirements have been added. General conditions have been removed and replaced by 6NYCRR Part 750. A short term high intensity monitoring program for mercury was added. Cooling water flow is expected to increased based on anticipated increased persulfate production. Thiocyanate and cyanide are in the list of parameters to be monitored at outfall 001C. A thermal study requirement has been added to determine if increased temperature will meet the thermal criteria in 6NYCRR Part 704. Phosphate monitoring for outfall 001 has been removed since the facility has not manufactured phosphates since 1995 and all phosphate containing raw materials have been removed. An updated Best Management Practices plan requirement has been added.

The modification also includes several other minor reporting modifications. The Facility has surface discharge into the Niagara River, a class A water. DEC seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.

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 Mar 27, 2009.

Contact:

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


Niagara County

Applicant:

Town of Newfane
2896 Transit Rd
Newfane, NY 14108 -9740

Facility:

Newfane -T- Waste Water Treatment Plant
2896 Transit Rd
Newfane, NY 14108

Application ID:

9-2928-00019/00006

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Newfane, Niagara County


Project Description:

The New York State Department of Environmental Conservation (DEC) is pursuing a Department Initiated Modification (DIM) and renewal to the State Pollutant Discharge Elimination System (SPDES) Permit (NY 002-7774), pursuant to 6 NYCRR Part 750-1.18, New York State's Environmental Benefit Permit Strategy (EBPS). The following changes to the permit are proposed:

A section has been added to address stormwater discharge management through development and implementation of a stormwater pollution prevention plan. A mercury minimization requirement has been added to the permit to address compliance with the implementation of a more stringent water quality based effluent limit for total residual chlorine. A short term monitoring program has been added to the schedule of compliance to check for the presence of free cyanide in the Outfall 001 discharge. Total residual chlorine limit at Outfall 001 was reduced because of a more stringent water quality based effluent limit. The existing limit will remain in effect as an interim limit until upgrades are completed in accordance with the schedule of compliance. The settleable solids limit has been reduced. A review of past operating data indicates the facility is meeting the revised discharge limit. Toxicity testing requirements have been added for Outfall 001. The former Outfall 002 for the Zehr Pump Station Emergency Bypass has been eliminated and reference to it has been removed. In order to address Clean Water Act requirements regulating stormwater discharges associated with industrial activities, this permit has been modified to include stormwater discharge. This discharge has been designated as Outfall 002 and will require semi-annual monitoring for total suspended solids and chemical oxygen demand.

The modification also includes several other minor reporting modifications. The facility has surface discharge into Lake Ontario, a class A-Special water. DEC seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.

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 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 Mar 27, 2009.

Contact:

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


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