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ENB Region 9 Completed Applications 02/16/2011

Erie County

Applicant:

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

Facility:

Royalwoods Dam
1175 & 1201 Hopkins Rd
Williamsville, NY 14221

Application ID:

9-1422-00510/00001

Permit(s) Applied for:

Article 15 Title 5 Dam
Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Amherst, Erie County


Project Description:

Construction of a second auxiliary spillway for the purposes of flood control, and minor cleaning of the auxiliary spillway of the Royalwoods Subdivision Retention Pond Dam. The existing dam currently has one primary spillway and one auxiliary spillway. The auxiliary spillway discharges into the Hopkins Road (CC-10) Wetland, also known as the Great Baehre Swamp. The proposed second auxiliary spillway would direct flow to the CC-10 Wetland for storms with greater than a two year recurrence interval. A one hundred year storm spread over roughly 295 acres of the CC-10 Wetland would add an average depth of flow of about 1.5 inches. The dam embankment is located west of Viscount Drive in the Royalwoods Subdivision, and extends north/south the length of Viscount Drive along the eastern edge of the CC-10 Wetland, a class II wetland.

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: Amherst Town Board

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 Mar 03, 2011.

Contact:

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


Niagara County

Applicant:

Akzo Nobel Chemical Inc
300 S Riverside
Chicago, IL 60606 -6613

Facility:

Akzo Chemicals Burt Plant
2153 Lockport Olcott Rd
Burt, NY 14028

Application ID:

9-2928-00001/00003

Permit(s) Applied for:

Article 27 Title 9 Resource Conservation and Recovery Act

Project is Located:

Newfane, Niagara County


Project Description:

The New York State Department of Environmental Conservation (NYSDEC) has reviewed the Hazardous Waste Management Permit (6NYCRR Part 373) renewal application submitted by Akzo Nobel Polymer Chemicals (ANC), located at 2153 Lockport-Olcott Road in Burt, New York. The facility is operated as a warehouse and distribution center. All hazardous waste management units (two storage areas, one treatment unit) and activities have been properly closed according to the facility's 6NYCRR Part 373 permit and NYSDEC closure procedures.

The NYSDEC has made a tentative determination to issue the Permit which consists of Corrective Action Measures to address residual soil and groundwater contamination. This Corrective Action Permit requires implementation of safeguards to ensure protection from exposure to elevated levels of organic chemicals. The proposed final corrective measures were selected because the NYSDEC has determined that when implemented, the activities will be protective of human health and the environment. All comments will be considered in making the final decision concerning selection of the remedy. A response to any comments submitted will be issued which will identify any changes to the proposed remedy and will describe and respond to the issues raised in writing. A notice of the decision will be sent to each person who submits written comments or who requests such notice. Written comments about this action must be sent to the below-listed contact person at the NYSDEC Region 9 Office. A public hearing will be scheduled if warranted based on comments received. All references and authorizations related to the operation of the hazardous waste management units have been deleted from the proposed permit.

The Draft Permit, application and fact sheet are available for public review during normal business hours at: NYSDEC, Region 9 Office, Division of Environmental Permits, 270 Michigan Avenue, Buffalo, NY. Copies of the documents are also available at: Akzo Nobel Polymer Chemicals LLC, 2153 Lockport-Olcott Road, Burt, NY, contact person Richard Rychlicki, telephone (716)778-8554 ext. 104; and the Newfane Free Library, 2761 Maple Avenue, Newfane, NY, telephone: (716)778-9344.

Interested person can submit comments in writing before the last filing date. A mailing list will be maintained for this facility. Persons interested in this facility's operation can submit a written request to the contact person to be put on the mailing list. In addition, any person may request a Public Hearing. The request for a Public Hearing must be made in writing, stating the nature of the issues proposed to be raised in the hearing and be submitted to the contact person no later than the last date.

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 04, 2011.

Contact:

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


Applicant:

Mayer Bros Apple Products Inc
3300 Transit Rd
Buffalo, NY 14224

Facility:

Mayer Brothers Somerset
7389 Lake Rd
Barker, NY 14012

Application ID:

9-2938-00009/00003

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Somerset, Niagara 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 (NY0061913), pursuant to 6 NYCRR Part 750-1.18, and 750-1.19, the Priority Ranking System known as New York State's Environmental Benefit Permit Strategy (EBPS). This modification also includes a permittee requested modification for outfall 004 that will combine cooling water and the effluent from the reverse osmosis system used to treat the water supply.

The Mayer Brothers Somerset facility process fruit and fruit concentrates for juice products. Treatment consists of cooling water and reserve osmosis system. The facility has surface discharge to a tributary of Lake Ontario, a class C water. This permit also has a subsurface discharge, class GA, to groundwater for fruit processing and storage wastewater and sanitary wastewater.

The following changes to the permit are proposed: - Permit pages have been updated based on current DEC guidance, format and nomenclature. - Monitoring parameters have been changed for Outfall 004.

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 18, 2011.

Contact:

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


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