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ENB Region 9 Completed Applications 03/17/2010

Cattaraugus County

Applicant:

D&H Materials Inc
11939 St Rte 98 S
Arcade, NY 14009

Facility:

McKinstry Road Gravel Pit
10480 McKinstry Rd opposite Gooseneck Rd
Yorkshire, NY 14173

Application ID:

9-0484-00085/00002

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Yorkshire, Cattaraugus County


Project Description:

The applicant proposes to modify their current permit for the mining of sand and gravel and material processing on an additional 3.63 acres of land. A total of 35.5 acres is currently permitted, and this expansion will result in a total permitted area of 39.13 acres. This will produce an estimated 278,692 cubic yards of additional product and the entire disturbed area will be reclaimed to agricultural production. The site is located 400 feet east of McKinstry Road and approximately one mile north of the Yorkshire/Machias Town line.

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 a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: NYS Department of Environmental Conservation

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 16, 2010.

Contact:

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


Chautauqua County

Applicant:

Gernatt Asphalt Products Inc
13870 Taylor Hollow Rd
Collins, NY 14034

Facility:

Gernatt - Notaro Gravel Pit
12670 Buffalo Rd
Hanover, NY 14136

Application ID:

9-0646-00078/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Hanover, Chautauqua County


Project Description:

The applicant proposes to modify the existing reclamation plan. The existing plan is to create a pond of approximately 11 acres with the remainder of the 16.5 acre site converted back to agriculture. The applicant now proposes to use the excavated areas for the permanent storage of sand and gravel pond settlings, which will restore grades closer to the original grades prior to excavation. The originally proposed pond created by the excavation will most likely decrease in size with a smaller pond remaining,or be eliminated entirely resulting in the total 16.5 acre site being reclaimed to agriculture. The mine location is approximately 600 feet east of Buffalo Road and 50 feet north of the NYS Thruway (Route I-90) property line.

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 a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

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 Apr 16, 2010.

Contact:

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


Applicant:

Town of Portland
87 W Main St
Brocton, NY 14716

Facility:

Portland Water District #7
St Rte 5 & US Rte 20
Brocton, NY 14716

Application ID:

9-0660-00128/00001

Permit(s) Applied for:

Article 15 Title 15 Water Supply

Project is Located:

Portland, Chautauqua County


Project Description:

Installation of a water distribution system to serve the newly created Town of Portland Water District No. 7, and the purchase of up 73,700 gallons per day (20 year projected maximum daily demand) from the Village of Brocton according to the terms of a water supply agreement between the two municipalities dated February 10, 2010. This new water district will initially serve 111 residential parcels and a campground along the Route 5 corridor in the northwest part of the Town between the Town of Westfield on the west and Town of Portland Water District No. 5 on the east. Initial average daily demand is estimated at 22,000 gallons per day. The project includes installation of approximately 22,300 linear feet of watermain and related appurtenances.

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 a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: Portland 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 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 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 Apr 01, 2010.

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


Erie County

Applicant:

City of Buffalo
Niagara Sq
Buffalo, NY 14202

Facility:

Emerald Channel Water Intake
Buffalo Harobor/South of Peace Bridge
Buffalo, NY

Application ID:

9-1402-00589/00003

Permit(s) Applied for:

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

Project is Located:

Buffalo, Erie County


Project Description:

The applicant proposes to dredge approximately 1390 cubic yards of material from within the water intake structure located in the Buffalo Harbor. The material, which consists of zebra and quagga mussel shells with some sand and sediment, has been tested and found to be suitable for in-water disposal. The disposal area is downstream, just north of the water intake structure.

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 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 Apr 01, 2010.

Contact:

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


Wyoming County

Applicant:

John G Borer

Facility:

John Borer Pike Gravel Pit & Edelweiss Farms #3
7785 St Rte 19
Pike, NY 14130

Application ID:

9-5644-00031/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation
Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Pike, Wyoming County


Project Description:

The applicant proposes to add 23.6 acres of land to the currently permitted 73.35 acre sand and gravel mine. An 80 foot long by 5 foot wide culvert will be installed in a tributary of Wiscoy Creek for mining equipment access between the current mine and the expansion area. A conveyor will also be installed at this culverted crossing to transport excavated material from the expansion area to the existing processing area. The existing haul road to NYS Route 19 will be utilized. There will be no mining into the ground water table. The reclamation objective is to return the land to a condition suitable for agricultural use, with stable side slopes. No other changes are proposed to the existing Mined Land Reclamation permitted facility.

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 a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: NYS Department of Environmental Conservation

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 16, 2010.

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


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