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ENB Region 8 Completed Applications 07/18/2012

Chemung County

Applicant:

Hurley Farms Inc
1543 Maple Ave
Elmira, NY 14904

Facility:

Hurley Pit
1543 Maple Ave
Southport, NY

Application ID:

8-0736-00109/00002

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Southport, Chemung County

Project Description:

The applicant proposes to continue mining within a prior-permitted sand and gravel pit on the Hurley property on Maple Avenue in the Town of Southport. The mine consists of a total of 87 acres within the Life of Mine (LOM) acreage and was previously permitted to David Bowers. The Department proposes to re-issue the same permit (now expired) to Hurley Farms, Inc. The mining operation remains unchanged and will involve the removal of approximately 6.9 million cubic yards of material over the operational life of the mine. The mine will operate as a traditional surface excavation of topsoil, sand, and gravel using mechanical equipment, standard for this type of mining operation. Materials will be mined from below the water table to a maximum depth of 50, feet using an excavator, front loader, or dragline as appropriate. If required, on-site processing may include dry screening with a portable screener at a rate not to exceed 150 tons per hour. Final reclamation will restore the site to open space and wildlife habitat to include emergent wetlands surrounding an open water pond. Upland reclamation will include the replacement of stockpiled topsoil, and reseeding with an approved USDA SCS seed mixture.

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:

A cultural resources survey has been completed. The report of the survey is on file. No 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 Aug 17, 2012.

Contact:

Scott Sheeley
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Genesee County

Applicant:

Steve D Fox

Facility:

Branton Property
Roakoke Rd - E SIDE|1/2 Mi N of Sweetland Rd
Stafford, NY

Application ID:

8-1844-00059/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Stafford, Genesee County


Project Description:

Applicant proposes to remove woody debris and accumulated sediments throughout an approximately 3,200 linear foot reach of a Class C stream within and adjacent to State Freshwater Wetland ST-7 (Class 3) to restore positive drainage for agricultural fields and field tile systems, as as well as clear and maintain a 10-foot access trail for future maintenance, requiring an Article 24 Freshwater Wetlands permit. Project includes work on two properties owned by Fox (DEC ID #8-1844-00060/00001) and Branton (DEC ID #8-1844-00059/00001).

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 Aug 02, 2012.

Contact:

Peggy Norry
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Applicant:

Steve D Fox

Facility:

Fox Property
9184 Bater Rd
Stafford, NY

Application ID:

8-1844-00060/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Stafford, Genesee County


Project Description:

Applicant proposes to remove woody debris and accumulated sediments throughout an approximately 3,200 linear foot reach of a Class C stream within and adjacent to State Freshwater Wetland ST-7 (Class 3) to restore positive drainage for agricultural fields and field tile systems, as as well as clear and maintain a 10-foot access trail for future maintenance, requiring an Article 24 Freshwater Wetlands permit. Project includes work on two properties owned by Fox (DEC ID #8-1844-00060/00001) and Branton (DEC ID #8-1844-00059/00001).

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 Aug 02, 2012.

Contact:

Peggy Norry
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Ontario County

Applicant:

Seneca Energy II LLC
2999 Judge Rd
Oakfield, NY 14125

Facility:

Ontario County Lfg to Energy Facility
3555 Post Farm RD|Ontario County Landfill
Stanley, NY 14561

Application ID:

8-3244-00040/00002

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Seneca, Ontario County

Project Description:

Seneca Energy II LLC has submitted an application for renewal and modification for expansion of its Title V Facility Permit for its Ontario County Landfill Gas to Energy Facility, located at 3555 Post Farm Road in the Town of Seneca, which burns treated landfill gas for generation of electrical power.
Currently, eight 1190 horsepower, 16 cylinder, internal combustion generator sets produce 6.4 megawatts of electrical power for sale to the power grid.
In addition to re-authorization of current landfill gas to energy generating operations, Seneca Energy II LLC proposes to increase electrical generating capacity with the addition of three 2233 horsepower, 20 cylinder, internal combustion engine generator sets producing 1.6 megawatts of electrical power each, increasing current Landfill Gas to Energy Facility generating capacity from 6.4 to 11.2 megawatts. The landfill is currently producing more gas than the expanded 11.2 megawatt Landfill Gas to Energy Facility will consume, with the excess not used for power production being burned by landfill flares.
The facility is subject to the requirements of Part 201‑6 (Title V) for Major Stationary Sources due to potential emissions of carbon monoxide (CO) and oxides of nitrogen (NOX) in excess of 100 tons per year each.
As part of the application, Seneca Energy proposes to limit the increase in potential emissions of CO from the expansion of generating capacity to 206.6 tons per year, below the 250 ton per year threshold in 6 NYCRR Part 231-7: New Major Facilities and Modifications to Existing Non-Major Facilities in Attainment Areas (Prevention of Significant Deterioration).
Seneca Energy also proposes to limit the increase in potential emissions of NOX from the expansion of generating capacity to 64.6 tons per year, below the 100 ton per year threshold in 6 NYCRR Part 231-5: New Major Facilities And Modifications To Existing Non-Major Facilities In Nonattainment Areas, And Attainment Areas Of The State Within The Ozone Transport Region.
In response to the application, the Department has generated a Draft Title V Facility Permit, and has made a tentative determination to send the Draft as a Proposed Permit to EPA for review, if comments received do not raise significant issues that must be addressed.
The Draft Permit limits potential CO emissions after expansion to a maximum of 446.4 tons per year, a 206.6 ton per year increase from the current 239.8 ton per year emission potential. Conditions to ensure compliance specify calculation of monthly CO emissions from the engines, using daily individual production data based on the amount of electricity generated by each engine and the results from approved exhaust stack testing.
The Draft Permit also limits NOX emissions after expansion to a maximum of 157.5 tons per year, a 64.6 ton per year increase from the current 92.9 ton per year emission potential. Conditions to ensure compliance specify calculation of monthly NOX emissions from the engines, also using daily individual production data based on the amount of electricity generated by each engine and the results from approved exhaust stack testing.
The Draft Permit also reflects that the Landfill Gas to Energy Facility is now subject to Part 227‑2 NOX Reasonably Available Control Technology (RACT) regulations, with potential emissions of NOX over 100 tons per year. Emissions were restricted to below this threshold in the current Permit. Draft Permit conditions specify demonstration of compliance with the Part 227-4(f)(2) NOX RACT standard of 2.0 grams per brake horsepower hour by monthly exhaust stack measurements, and specify corrective action if lower permitted emission factors of 1.05 grams for the existing engines and 1.0 gram for the new engines, based on the Part 231-5 annual NOX limit above, are exceeded.
The application, Draft Permit, and Permit Review Report are available for review at the Region 8 NYSDEC office. The Draft Permit and Permit Review Report may be viewed or downloaded as .pdf files at: http://www.dec.ny.gov/dardata/boss/afs/draft_atv.html
In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.
Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html.
DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. Comments and requests for a public hearing should be in writing and addressed to the Department representative listed below. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

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 Aug 17, 2012.

Contact:

Roger T McDonough
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Steuben County

Applicant:

NYS Dept of Transportation
50 Wolf Rd
Albany, NY 12232

Facility:

St Rte 352 Bridge
St Rte 352 Aka Denison Pkwy W
Corning, NY

Application ID:

8-4603-00055/00001

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Corning, Steuben County

Project Description:

The NYS Department of Transportation is proposing to replace the existing 4-lane State Route 352 bridge over the Chemung River in its current alignment. Approximately 817 cubic yards of heavy stone rip rap will be installed along approximately 400 lineal feet of streambank and at the base of the bridge piers to provide scour protection. Additionally, two temporary causeways may need to be constructed to provide access to areas beyond reach of shore-based equipment. The causeways would be designed and constructed in a manner that maintains the necessary hydraulic channel capacity. An off-site detour will be utilized to maintain traffic around the work area during construction. In addition to the 401 Water Quality Certification the project will require an Article 16 Flood Control Land Use permit from the Department.

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 Aug 02, 2012.

Contact:

Thomas P Haley
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Wayne County

Applicant:

Raymond J Brooks

Facility:

Brooks Property
3037 Lake Rd
Williamson, NY

Application ID:

8-5446-00095/00001

Permit(s) Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters

Project is Located:

Williamson, Wayne County

Project Description:

The proposed project includes installing 215 linear feet (440 tons) of rock revetment using a barge mounted excavator. The revetment will consist of two rows of large (4 to 6 ton) quarried limestone rocks with the lower row being installed approximately 6 inches below Mean High Water level.

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 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 Aug 02, 2012.

Contact:

Matthew Griffiths
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Multiple Counties

Applicant:

NYS Electric & Gas Corp
18 Link Dr
PO Box 5224
Binghamton, NY 13902 -5224

Facility:

Keuka Hydro Project
Bradford Dam to Keuka Lake
Bradford to Barrington, NY

Application ID:

8-9908-00057/00007

Permit(s) Applied for:

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

Project is Located:

Bradford, Multiple Counties

Project Description:

The applicant is proposing the removal of approximately 425 cubic yards of accumulated sediment from an area 50 feet upstream and 50 feet downstream of the County Route 87 culvert. The dredged material will be dewatered and disposed of in a NYSDEC permitted Part 360 disposal 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 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 Aug 02, 2012.

Contact:

Thomas P Haley
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


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