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ENB Region 9 Completed Applications 03/25/2009

Cattaraugus County

Applicant:

Terwilliger & Terwilliger Excavating Inc
PO Box 181 Rt 16
Franklinville, NY 14737 -0181

Facility:

Terwilliger Pit
Route 98
Franklinville, NY 14737

Application ID:

9-0438-00002/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Farmersville, Cattaraugus County


Project Description:

The applicant proposes to add 3.6 acres of previously disturbed land to the presently permitted sand and gravel pit, for a total of 8.4 acres within the life-of-mine limits. Shallow excavation into the groundwater table is proposed, and the site topography will ensure that there is no off-site discharge. Some material processing with a portable dry screen will continue, but no water supply wells, wash ponds or wet processing are proposed for this operation. The reclamation plan, including the previously permitted 4.8 acres, includes a shallow water habitat approximately 2.46 acres in size and open meadows. Side slopes of the pit will be no steeper than 2 feet horizontal to 1 foot vertical, and all upland areas will be seeded with a conservation mix of grasses and legumes. The site is located approximately 1200 feet north of NYS Route 98, and approximately 3000 feet/0.56 mile east from its intersection with Laidlaw Road. The existing haul road to Route 98 will be used.

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:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. 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 Apr 24, 2009.

Contact:

Charles D Cranston
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Ste 3
Allegany, NY 14706
(716)372-6242
dep.r9@dec.ny.gov


Applicant:

Michael Joy

Facility:

Peter Cooper Landfill NPL Site
Palmer St & Broadway RD|ADJACENT to Cattaraugus Creek
Gowanda, NY 14070

Application ID:

9-0472-00068/00002

Permit(s) Applied for:

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

Project is Located:

Persia, Cattaraugus County


Project Description:

Placement of rock riprap along approximately 490 feet of Cattaraugus Creek at the Peter Cooper Landfill NPL site in the Village of Gowanda. The slope of the bank will be lined with geo-composite layer and geomembrane liner. The liner will be covered by a layer of large riprap over a geotextile fabric and gravel bed.

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 Apr 13, 2009.

Contact:

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


Erie County

Applicant:

Town of Amherst
5583 Main St
Buffalo, NY 14221 -5409

Facility:

Amherst SD #16 STP
455 Tonawanda Creek Rd
North Tonawanda, NY 14120

Application ID:

9-1422-00008/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Amherst, Erie County


Project Description:

The New York State Department of Environmental Conservation (NYSDEC) is pursuing a Department Initiated Modification (DIM) and renewal to the State Pollutant Discharge Elimination System (SPDES) Permit NY 002-5950, pursuant to 6 NYCRR Part 750-1.18, New York State's Environmental Benefit Permit Strategy (EBPS). As a result of comments received from the permittee, this is a re-notice of the Notice of Intent to Modify published in Environmental Notice Bulletin on 6/4/08.

The Amherst SD #16 is a sewage treatment plant that handles wastewater from the Town of Amherst, the Village of Williamsville, and Town of Clarence SD#2 and East Clarence SD#5. The facility has surface discharge into Tonawanda Creek, and in emergency situations releases regulated bypass overflow into Ellicott Creek, class C waters.

This notice and draft permit proposes the following: All sanitary sewer outfalls to the environment must be identified in the permit or consent order. The 85% removal requirement is governed by federal statute, therefore will remain in the permit. Justification for the winter season Ammonia limit has as its basis the Tonawanda Creek critical winter flow, which is close to the facility's design flow. The winter limit reflects the summer season low flow is much larger than for winter, hence a summer Ammonia limit can be quantitatively larger than for the winter season. The action level frequencies have been changed to once per month. The mercury limitation has been changed in accordance with the State's Mercury Compliance Limitation. The method detection limit/best professional judgement value can be applied to the cyanide limit. The Practical Quantitation Limit can be applied to the winter Phenol limit.Chloroform, Bromoform and Dibromochloromethane analysis will be removed from the permit. Heptachlor and Endosulfan compounds have been added to the Action Level tables. Outfall 001 will have more stringent disinfection limits than Outfall 002 from May 15 through October 15. Disinfection is not required at Outfall 001 for the rest of the year. Disinfection is required year-round for Outfall 002. All maintenance and inspection program activities will be submitted as an annual report. Submittal of a monthly overflow report requirement was deleted on page 10, however, the requirement is duplicated on page 9 and remains. In the schedule of compliance, the mixing zone analysis requirement remains. Submission of a No Feasible Alternative Analysis will be due by the effective date of the permit plus 24 months. The Capacity, Management, Operation and Maintenance Plan Requirements remain in the permit. The Whole Effluent Toxicity testing will consist of chronic testing and a reduced frequency.

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 Apr 24, 2009.

Contact:

Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
deppermitting@dec.ny.gov


Wyoming County

Applicant:

Crompton Camp Resorts Inc
5204 Youngers Rd
North Java, NY 14113

Facility:

Jellystone Park of Wny
5204 Youngers Rd
North Java, NY 14113

Application ID:

9-5636-00019/00003

Permit(s) Applied for:

Article 17 Titles 7 & 8 P/C/I SPDES- Groundwater Discharge

Project is Located:

Java, Wyoming County


Project Description:

The Department has drafted a permit and made a tenative determination to modify SPDES Permit No. NY-0269468 to include Outfall 002, a proposed on-site septic tank/lagoon/sand filter treatment system that will discharge to Tributary 72 of Cattaraugus Creek. Outfall 002 will replace Outfall 001 which is an existing septic tank/absorption field sytem that will be abandoned (and deleted from the permit) when the proposed system is constructed and operating. The proposed system will treat a discharge of up to 16,400 gallons per day of sanitary wastewater from a campground of 260 sites located on Youngers Road between PeeDee Road and NYS Route 78.

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 Apr 24, 2009.

Contact:

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


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