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ENB - Region 9 Notices 5/18/2011

Public Notice

Public Notice of Closure Plan

EPA ID No: NYD980779540

The United States Department of Energy (US DOE) as operator of the West Valley Demonstration Project (WVDP) has notified the New York State Department of Environmental Conservation (NYS DEC) of its intention to commence final closure of Hazardous Waste Storage Lockers (HWSLs) #1 - #4 at the WVDP facility in West Valley, NY 14171-9799. The HWSLs are one of several hazardous waste management (HMW) units at the WVDP facility that requires closure under Title 6 of the New York Code of Rules and Regulations (6 NYCRR) Part 373. The US DOE maintains a closure plan for each HWM unit as stipulated in §373-1.2(b) and §373-3.7. The HWSL closure plan (Doc. ID Number WVDP-156, Rev. 13, dated 11/18/10) was revised in response to NYS DEC comments and resubmitted in November 2010 for NYS DEC review and approval. NYS DEC has tentatively determined that the revised closure plan is consistent with the regulatory requirements for the decontamination and closure of hazardous waste container storage areas and, as such, can be approved. The intention of this public notice is to solicit comment from the public on these closure plans.

The revised HWSLs closure plan includes removal of all containers of hazardous waste, inspection of the floor of each locker, decontamination of the floors using a low volume, high pressure cleaning unit followed by characterization of the wash water and sampling of the rinsate from each floor. The decontamination residues and wash water would be collected, characterized and dispositioned as either a hazardous or nonhazardous waste, as necessary. US DOE has stated within their closure plan that no spills or releases of hazardous waste to the environment have occurred in this area.

State Environmental Quality Review (SEQR) status: Closure of the HWSLs will not result in significant changes to the surrounding areas of the WVDP facility. The closure activities will be performed entirely within the HWM units and will use only light equipment. This action will leave the HWM units clean and uncontaminated. NYS DEC has determined that the closure of each of these HWM units is a Type II action which is not subject to SEQR.

State regulation requires that the public be given thirty (30) days to provide written comments on the draft closure plan. The public comment period begins on 05/19/11 and will extend through 06/20/11. A copy of the closure plan is available for public review at NYS DEC Central and Regional Offices. Copies of the closure plan may be obtained by contacting either Patrick W. Concannon, NYS DEC - Region 9, Division of Environmental Remediation, 270 Michigan Avenue, Buffalo, NY 14203, Phone: (716) 851-7220 or Lynn M. Winterberger, NYS DEC - Central Office, Division of Environmental Remediation, 625 Broadway, Albany NY 12233-7017, Phone: (518) 402-9814.

Comments on the closure plans must be sent no later than June 20, 2011 to:

Lynn M. Winterberger
NYS DEC - Division of Environmental Remediation
Remedial Bureau E, RCRA Permitting Section
625 Broadway
Albany, New York 12233-7017

All comments will be considered and evaluated in making the final determination for approving the closure plan. Prior to the approval of the closure plan NYS DEC will respond to any comments submitted by the public. NYS DEC will approve, modify or disapprove the draft closure plan based on the information received during the comment period and public hearing, if required. A notice of the final decision will be sent to each interested citizen or organization that submitted written comments or have requested such notice.

Public Involvement Sessions

The United States Environmental Protection Agency, the New York State Department of Environmental Conservation, and the New York State Department of Health (Agencies) will be holding public involvement sessions regarding FMC's study of cleanup and disposal alternatives for contaminated soils on off-site properties in Middleport, New York. These sessions will be held:

Date: Tuesday, June 14, 2011
Times: 2:00 p.m. to 4:00 p.m. and 6:30 p.m. to 8:30 p.m.
Location: Middleport Fire Hall
28 Main Street
Middleport, New York

The afternoon session will be informal, where members of the public can ask questions of Agencies' staff and/or of FMC personnel and its consultants, on FMC's Draft Corrective Measures Study (CMS) Report or other FMC environmental matters, and the evening session will begin with brief presentations by FMC and the agencies followed by an opportunity for members of the public to make verbal comments on the record. Also, written comments can be provided to the Agencies at these sessions.

Written Comment Period: The Agencies will also accept written comments from the public on the FMC Draft CMS Report during a 45 day period which begins on May 17, 2011 and runs through July 1, 2011. Written comments can be provided to the Agencies by e-mail to: mjmortef@gw.dec.state.ny.us or by regular mail to:

Matt Mortefolio
NYS DEC - Environmental Remediation
625 Broadway
Albany, New York 12233-7017

Document Availability: A copy of the Agencies' Fact Sheet is available through the New York State Department of Environmental Conservation's web site at: http://www.dec.ny.gov/chemical/54220.html, and FMC's Draft CMS Report as well as other related documents are available for public review through FMC's web site at http://www.cms.middleportny.com. Also, hard copies of draft report and other related documents, are available for public review at the FMC Document Repository located at:

Middleport Village Library
9 Vernon Street
Middleport, New York

Contact: Matt Mortefolio, NYS DEC - Environmental Remediation, 625 Broadway, Albany, New York 12233-7017, Phone: (518) 402 9814.

Negative Declaration

Cattaraugus County - The Town of Ellicottville, as lead agency, has determined that the proposed Amendment to Town of Ellicottville Zoning Law, Section 3.8 will not have a significant adverse environmental impact. The action involves a text amendment to Section 3.8, Schedule of Requirements-Land Use Table, of the Town of Ellicottville zoning law, to change the use designation for single family detached dwelling and two family dwelling/duplex in the Industrial (I) Zoning District from "NP" (Not Permitted) to "P" (Permitted). The project is located throughout the Town of Ellicottville, New York.

Contact: Carol Horowitz, Town of Ellicottville, 1 West Washington Street, Ellicottville, NY 14731, Phone: (716) 373-2289, E-mail: cahorowitz@hotmail,com.

Erie County - The City of Buffalo Planning Board, as lead agency, has determined that the proposed Hager Lofts Project will not have a significant adverse environmental impact. The action involves a proposal by the applicant Greenleaf Development & Construction, LLC for the rehabilitation of a former warehouse / restaurant. The rehabilitation will take place in a former industrial building located in a commercial zone that will be converted to a residential complex (up to 38 units) with limited ground level commercial space (2,757 square foot). The original use of the property was a fine woodwork factory (sanding mill) that manufactured millwork for some of Buffalo's historic architecture. The primary façade of the building located on Elm Street will be restored with new windows throughout and a new glazing system and entrance at ground level. The residential units (one bedroom, one bedroom and study and two bedroom units) will be loft like units with exposed brick and wood structure interiors. Throughout the building wood trim and building artifacts will reflect on the buildings original use. To comply with building code requirements for fresh air and natural light, new window openings will be cut in to the exterior brick walls (approximately 30). Those openings will maintain masonry details of existing openings and in some cases include wood panels that reflect the buildings original use. The existing asphalt of the site will be removed and repaved with landscaping and parking for 40 cars. The total site area is 41,672 square foot with a maximum building height of 45 feet and 4,349 square foot of the site will be landscaped. There will be 40 onsite car spaces with eight located at another site near by. The existing building footprint is 15,358 square foot with 219 square foot of new construction with a total project footprint of 15,577 square foot. The total residential space will be 45,946 square foot and commercial space will be 2,757 square foot.

The level one area will have 11 total units (7 one bedroom, 3 one bedroom with study and 1 two bedroom) Level two will have 14 total units (6 one bedroom, 4 one bedroom with study, 4 two bedroom units. Level three will have 11 units (7 one bedroom, 3 one bedroom with study and 1 two bedroom unit) Construction is expected to begin in 2011 with funding coming from private sources, assistance from the Erie County Industrial Development Corporation and it is anticipated that tax credits will be available.

The project is located at 141 Elm Street (AKA 456 Michigan Avenue) in the City of Buffalo, New York.

Contact: Martin Grunzweig, City of Buffalo, Room 901 City Hall, Buffalo, NY 14202, Phone: (716) 851-5085.

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