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ENB - Region 9 Notices 7/27/2011

Public Notice

Availability for Comment on Draft TMDLs

This notice announces the availability of a Draft Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation (NYS DEC) to address the following waterbody:

Chautauqua Lake, Chautauqua County

Chautauqua Lake is impaired by phosphorus.

Public comment on this document will be accepted for 30 days, through August 26, 2011.

Background: States are required by Section 303(d) of the Clean Water Act and the U. S. Environmental Protection Agency's (USEPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The re-proposed phosphorus TMDL for Chautauqua Lake will require permit limits on wastewater treatment plants and will rely on voluntary load reduction efforts from the agricultural community, developed land and septic systems to address the existing phosphorus water quality impairment. The TMDL was first proposed in July 2010. This revised proposal is in response to comments received and is based upon the Departments attempt to more equitably allocate load and practically implement the TMDL.

Information: Copies of the proposed draft plan can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html#Small, or by contacting Dan Hayes at NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8207, or via email at dahayes@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by COB August 26, 2011 will be considered prior to submitting the final TMDL to the USEPA for approval.

Contact: Dan Hayes, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8207, E-mail: dahayes@gw.dec.state.ny.us.

Negative Declaration

Wyoming County - The Town of Warsaw, as lead agency, has determined that the proposed NYS Route 19 Sanitary Sewer Extension will not have a significant adverse environmental impact. The action involves the installation of 8 inch gravity sewer along the NYS Route 19 Sewer District No. 1. Approximately 2,900 linear feet of gravity sewer will discharge by gravity to a new proposed pump station to be located adjacent to the Wal-Mart expansion. The new pump station will be connected to the existing 4 inch diameter force main which discharges to the Village of Warsaw collection system. The project is located along Route 19 in the Town of Warsaw, New York.

Contact: Jeff Telecky, Wendel Companies, 140 John James Audubon Parkway, Suite 201, Amherst, NY 14228, Phone: (716) 688-0766.

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