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ENB Region 9 Completed Applications 04/08/2015

Cattaraugus County

Applicant:

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

Facility:

Gernatt - Vogtli Pt & Broadway Rd Grav
191 Broadway Rd
Gowanda, NY 14070

Application ID:

9-0472-00053/02001

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Persia, Cattaraugus County

Project Description:


The applicant has applied for an initial permit for the continued withdrawal of 5.04 Million Gallons Per Day (Million GPD) of water from an on-site pond for operation of the Gernatt Asphalt Products Facility. The gravel pit mine facility has been in operation since 1986. No changes in current operations from recent years are proposed. The Department has determined that the Facility is eligible for an Initial Permit under Section 15-1501.9 of the Environmental Conservation Law. Initial Permits are limited to existing facilities for existing water withdrawals over 100,000 GPD which were properly reported to the Department prior to February 15, 2012. Section 15-501.9 requires the Department to issue Initial Water Withdrawal Permits for the reported volume.

The Department has determined that the issuance of "initial permits" under ECL section 15-501.9 as implemented by 6 NYCRR 601.7 is a ministerial action and therefore subject to the Type II exemption set out in 6 NYCRR 617.5(c)(19).

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 23, 2015.

Contact:

Rudyard G Edick
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov


Erie County

Applicant:

Verizon Wireless Services LLC
175 Calkins Rd
Rochester, NY 14623

Facility:

1280 N French Rd Property
1280 N French Rd
Amherst, NY 14228

Application ID:

9-1422-00565/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Amherst, Erie County

Project Description:

The Department has made a tentative determination to approve an application for the construction of a 120 foot tall cellular communications tower, 12 foot by 30 foot telecommunications shelter and fenced in area at 1280 North French Road in the Town of Amherst. This project will result in the impact of 0.11 acres of adjacent area of New York State Wetland TE-17. As a tentative determination, the Department is seeking comments on the proposed regulated activity prior to making a final decision on permit issuance. As such, this tentative determination does not signify Department approval for or endorsement of an activity for which a permit is sought.

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 performed.

SEQR Lead Agency: Amherst Town Planning 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 Apr 23, 2015.

Contact:

Bruno A Dibella
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

Dan Gernatt Gravel Products Inc
13870 Taylor Hollow Rd
Collins, NY 14034 -0400

Facility:

Gernatt - Collins Plant
13870 Taylor Hollow Rd
Collins, NY 14034

Application ID:

9-1436-00111/00002

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Collins, Erie County

Project Description:


The applicant has applied for an initial permit for the continued withdrawal of 4.032 Million Gallons Per Day (Million GPD) of water from an on-site pond, for operation of the Gernatt-Collins Plant Facility. The sand and gravel processing facility has been in operation since 1955. No changes in current operations from recent years are proposed. The Department has determined that the Facility is eligible for an Initial Permit under Section 15-1501.9 of the Environmental Conservation Law. Initial Permits are limited to existing facilities for existing water withdrawals over 100,000 GPD which were properly reported to the Department prior to February 15, 2012. Section 15-501.9 requires the Department to issue Initial Water Withdrawal Permits for the reported volume.

The Department has determined that the issuance of "initial permits" under ECL section 15-501.9 as implemented by 6 NYCRR 601.7 is a ministerial action and therefore subject to the Type II exemption set out in 6 NYCRR 617.5(c)(19).

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 23, 2015.

Contact:

Rudyard G Edick
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov


Applicant:

Town of Elma
1600 Bowen Rd
Elma, NY 14059

Facility:

Elma SD #1 Jerge Subdivision
Treehaven Ln
Elma, NY 14059

Application ID:

9-1442-00007/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Elma, Erie 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 (NY0032051), 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).

The Town of Elma Sewer District No. 1 (Jerge Subdivision) discharges 0.0118 million gallons per day (30 day mean) of treated sanitary wastewater into the Buffalo River, a Class B waterbody. Treatment consists of a septic tank, a fixed nozzle trickling filter, clarification, seasonal disinfection.

The proposed modifications to this permit include the addition of a Mercury Minimization Program and the alteration of the sample type for some parameters to require six-hour composite samples. Additionally, the general conditions contained within the permit have been updated.

The Department is seeking comments on the proposed regulated activity prior to making a final decision on permit issuance. A draft permit is available for review.

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 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 May 08, 2015.

Contact:

Michelle R Woznick
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

Town of Elma
1600 Bowen Rd
Elma, NY 14059

Facility:

Elma SD #4 Briggswood
Jackman Ln
Elma, NY 14059

Application ID:

9-1442-00008/00002

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Elma, Erie 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 (NY0032051) 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).

The Town of Elma Sewer District No. 4 (Briggswood Subdivision) discharges 0.0127 million gallons per day (30 day mean) of treated sanitary wastewater into the Buffalo River, a Class B waterbody. Treatment consists of extended aeration, clarification, and seasonal disinfection.

The proposed modifications to this permit include the addition of a Mercury Minimization Program and the alteration of sample type for Suspended Solids and BOD5 to require six-hour composite samples. Additionally, the general conditions contained within the permit have been updated.

The Department is seeking comments on the proposed regulated activity prior to making a final decision on permit issuance. A draft permit is available for review.

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 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 May 08, 2015.

Contact:

Michelle R Woznick
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

Town of Elma
1600 Bowen Rd
Elma, NY 14059

Facility:

Elma SD #5
Rolling Green Ln
Elma, NY 14059

Application ID:

9-1442-00009/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Elma, Erie 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 (NY0033995), 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).

The Town of Elma Sewer District No. 5 (Elma Meadows Subdivision) discharges 0.0527 million gallons per day (30 day mean) of treated sanitary wastewater into the Buffalo River, a Class B waterbody. Treatment consists of extended aeration, clarification, and seasonal disinfection.

The proposed modifications to this permit include the following: the alteration of sample type for certain parameters to require six-hour composite samples; the addition of a daily minimum limitation for Dissolved Oxygen and a Total Maximum Chlorine Residual limitation in order to meet water quality standards of the receiving waterbody; and the addition of a Mercury Minimization Program. Additionally, the general conditions contained within the permit have been updated.

The Department is seeking comments on the proposed regulated activity prior to making a final decision on permit issuance. A draft permit is available for review.

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 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 May 08, 2015.

Contact:

Michelle R Woznick
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

Southtowns Development LLC
2650 Seneca St
Buffalo, NY 14224

Facility:

7270 Efficiency Apartments
7270 Seneca St
Elma, NY 14059

Application ID:

9-1442-00019/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 P/C/I SPDES - Surface Discharge

Project is Located:

Elma, Erie County

Project Description:

The Department of Environmental Conservation (DEC) has prepared a draft permit and has made a tentative determination to issue a renewal and set a standard five year term to State Pollutant Discharge Elimination Systems (SPDES) permit (NY0087572). Permit pages, limits, requirements, and general conditions have been updated and reflect current permit language, DEC guidance, format and nomenclature. This permit is for the surface discharge of 990 gpd of treated sanitary wastewater to a tributary 8 of Cazenovia Creek, a class D water.

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 May 08, 2015.

Contact:

Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov


Applicant:

Town of Elma
1600 Bowen Rd
Elma, NY 14059

Facility:

Town of Elma Sewer District No 7
Corner of Bowen & Bullis Rd
Elma, NY 14059

Application ID:

9-1442-00046/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge

Project is Located:

Elma, Erie 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 (NY0203360) 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).

The Town of Elma Sewer District No. 7 (Pond Brook Townhomes) discharges 0.0027 million gallons per day (30 day mean) of treated sanitary wastewater into Pond Brook, a Class B waterbody. Treatment consists of extended aeration, clarification, filtration, post aeration, and seasonal disinfection.

The proposed modifications to this permit include the following: the change from seasonal to year round intermittent stream effluent limitations; the reduction of the Total Maximum Chlorine Residual parameter to meet the water quality standards of the receiving waterbody; and the addition of a Mercury Minimization Program. Additionally, the general conditions contained within the permit have been updated.

The Department is seeking comments on the proposed regulated activity prior to making a final decision on permit issuance. A draft permit is available for review.

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 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 May 08, 2015.

Contact:

Michelle R Woznick
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

NOCO Energy Corp
2440 Sheridan Dr
Tonawanda, NY 14150

Facility:

NOCO Energy Corp
700 Grand Island Blvd
Tonawanda, NY 14150

Application ID:

9-1464-00090/00065

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Tonawanda, Erie County

Project Description:

The Department has prepared a draft permit and has made a tentative determination to issue a Title V Air permit renewal for the NOCO Energy Corporation petroleum and chemical bulk storage terminal located at 700 Grand Island Blvd. in the Town of Tonawanda. This facility stores and distributes liquid petroleum and products containing regulated air pollutants and also collects, blends, and markets waste oil. This facility is comprised of 5 emission units (EU). The facility has 68 storage tanks of various capacity and stored material. There are 8 vertical tanks (EU 1-Tanks) with sealed internal floating roofs which store gasoline, aviation gasoline, ethanol, or other liquid products with a vapor pressure greater than 1.5 psia. 22 tanks (EU 2-Tanks) store liquid asphalt, fuel oil, reprocessed waste oil, or various products containing regulated air pollutants of low vapor pressure. 13 horizontal tanks (EU 3-Tanks) are used to store volatile organic liquids with a vapor pressure less than 6.8 psia and are subject to NSPS requirements under 40 CFR Part 60, Subpart Kb. These 43 tanks are subject to an operational flexibility plan. The facility also has 6 loading rack areas (EU 1-Racks). There are 5 truck loading racks and 1 rail car loading rack. The gasoline loading rack is equipped with a vapor recovery unit.

NOCO utilizes combustion units (EU 1-Cmbst) to heat tanks and pipelines for easier movement of heavy products such as asphalt, residual oils and waste oils. The combustion units also provide space heat for office buildings. The facility has accepted federally-enforceable sulphur dioxide (SO2) emissions limitations and therefore is not subject to PSD requirements of 40 CFR Part 52.21. EU 1-Misco, which included the stack associated with the bio-remediation facility, has been removed as an emission unit from the Title V permit because the bio-cell has been closed. This permit also contains a schedule for NOCO Energy Corp to install, operate and maintain a vapor collection and control system that routes vapors from each asphalt storage tank through a carbon adsorption system. No other changes to the operations are proposed as part of this renewal.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.3(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 not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.

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 May 08, 2015.

Contact:

Lisa M Czechowicz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


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