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ENB Region 8 Completed Applications 10/14/2015

Genesee County

Applicant:

Town of LeRoy
48 Main St
Le Roy, NY 14482 -1311

Facility:

Le Roy - T Water District #10
Sweetland, E Bethany, Leroy, Bater, Cole, Westcott Rds
LeRoy/Stafford, NY

Application ID:

8-1899-00031/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Stafford, Genesee County

Project Description:

The Town of LeRoy proposes to construct 20,l00 linear feet of water main (Water District 10) to serve residents in LeRoy and Stafford. The project will include crossing by horizontal drilling of the 100-foot adjacent area of NYS Freshwater Wetland ST-21 along Westcott Road in the Town of Stafford. As a tentative determination the Department seeks comments prior to making a final decision.

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: Le Roy Town Board

State Historic Preservation Act (SHPA) Determination:

Evaluation using a Structural-Archaeological Assessment Form or other information has concluded that the proposed activity will not impact 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 Oct 29, 2015.

Contact:

Robert B Call
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Monroe County

Applicant:

Dale Ewbank

Facility:

Ewbank Property
653 Edgemere Dr
Rochester, NY 14612

Application ID:

8-2628-00206/00003

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Greece, Monroe County

Project Description:

Applicant proposes to convert an approximately 14-foot by 12-foot deck into living space including the addition of a basement underneath it, removing a wood platform, and adding a portico. The work will include approximately 720 square feet of disturbance within the 100-foot adjacent area of State Freshwater Wetland GR-22 (Class 1). Erosion and sediment controls will be used to minimize potential impacts to the 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 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 application type is exempt and/or the project involves the continuation of an existing operational activity.

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 Oct 29, 2015.

Contact:

Peggy Norry
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Applicant:

Genesee Land Trust Inc
46 Prince St Ste LL005
Rochester, NY 14607

Facility:

Island Cottage Woods Preserve
Island Cottage Rd / Old Island Cottage Pk Rd
Rochester, NY 14612

Application ID:

8-2628-00759/00003

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Greece, Monroe County

Project Description:

The applicant is proposing a modification of their existing permit to add an additional 36.4 acres to their invasive species management program involving the cutting of invasive plants along with foliar spray, cut stump application, or stem injection of an NYS registered herbicide (Rodeo). A total of 47.3 acres will be impacted over a 2-year period. The cutting and herbicide use will occur within and adjacent to NYS regulated freshwater wetland GR-22.

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:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.

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 Oct 29, 2015.

Contact:

Thomas P Haley
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Applicant:

John / Maggie Kelly

Facility:

Kelly Property
5910 W Wautoma Beach Rd
Hamlin, NY

Application ID:

8-2630-00254/00001

Permit(s) Applied for:

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

Project is Located:

Hamlin, Monroe County

Project Description:

The Department has made a tentative determination to re-issue and transfer an expired permit to authorize 600 gallons per day of treated effluent from a residence to septic tank and treatment plant to Lake Ontario. As a tentative determination, the Department seeks comments prior to making a final decision.

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 application type is exempt and/or the project involves the continuation of an existing operational activity.

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 Nov 13, 2015.

Contact:

Kimberly A Merchant
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Applicant:

Monroe County
39 W Main St
Rochester, NY 14614 -1476

Facility:

Riga/Mill Seat Landfill
303 Brew Rd
Bergen, NY 14416

Application ID:

8-2648-00014/00011

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Riga, Monroe County

Project Description:

The Department has received an application from Monroe County for renewal and modification of its Title V Facility Permit for the Mill Seat Landfill. The landfill is subject to federal New Source Performance Standards in 40 CFR Part 60, Subpart WWW, since its design capacity exceeds 2,500,000 megagrams (metric tons) and 2,500,000 cubic meters. The landfill therefore meets the applicability definition specified in 6 NYCRR Part 201‑6.1(a)(2), and is required to maintain a Title V Facility Permit.

Landfill emissions are from a 3000‑cfm open flare, a 3500‑cfm enclosed flare, fugitive emissions from the landfill, fugitive emissions from two 1.5 million gallon leachate storage tanks, and other exempt equipment. A landfill gas to energy (LFGTE) plant generates electrical power from eight 1148 horsepower landfill gas fired generators, reducing the landfill gas volume burned by the flares.

The initial Title V Facility Permit for the landfill was issued December 13, 1999. It was modified and renewed effective September 11, 2006 to authorize the addition of the eight engine LFGTE plant. Since the addition of the LFGTE plant, the Landfill also met the 6 NACRE Part 201-2(b)(21)(v) definition of a Major Facility for the applicability of Part 231 New Source Review regulations, due to potential emissions of carbon monoxide (CO) of over 250 tons per year.

The 2006 Permit included conditions to allow flexibility in the combustion of landfill gas, by either the generators or the flares, sufficient to restrict the project potential to emit carbon monoxide (CO) to below the 250 ton per year increase applicability threshold of 40CFR 52.21 Prevention of Significant Deterioration (PSD), and to restrict the project potential to emit oxides of nitrogen (NOx) to below the 100 ton per year increase applicability threshold of 6 NYCRR Part 231‑2 New Source Review in Ozone Transport Regions.

As part of this application, Monroe County proposes to expand electrical generation capacity by adding 3 more generator engines (CAT 3520 internal combustion engines) in a new building to utilize additional landfill gas production.

Calculations indicate that with 3 additional engines, the combined landfill and LFGTE plant potential to emit NOx will increase by 32.3 tons per year. With a larger fraction of landfill gas going to generator engines, additional NOx from the new engines will be partially offset by lower NOx emissions from landfill gas flares. Because the calculated NOx increase is less than the 40 ton per year increase applicability threshold of 6 NYCRR 231-13, the facility is not subject to NYCRR Part 231-6 Modifications to Existing Major Facilities in Non-Attainment Areas.

Calculations also show that after adding the 3 additional engines, emissions of CO will increase by 226.4 tons per year, which exceeds the applicability threshold in 6 NYCRR 231-13; therefore making the facility subject to 6 NYCRR Part 231-8 Modifications to Existing Major Facilities in Attainment Areas (Prevention of Significant Deterioration). This requires the facility to do modeling of emissions and a Best Available Control Technology (BACT) analysis for the new engines.

In response to the application, the Department has generated a Draft Title V Facility Permit, and has made a tentative determination to issue the Draft as a Final Permit, if comments received do not raise significant issues that must be addressed before a permit can be issued.

To verify that facility emissions are within allowable limits based on the model, the Draft Permit specifies Monroe County will be required to perform emissions testing on the new engines to confirm emission rates are consistent with the model, monitor the engines in order to comply with the emission rates for NOx and CO and BACT for the engines. These records are to be maintained for a minimum of five years, and must be made available with all supporting data to Department inspectors upon request.

The application and Draft Permit are available for review at the Region 8 NYSDEC office. The Draft Title V Facility 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 201-6.3(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 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: Monroe County

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed and cultural resources were identified. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no adverse impact on registered or eligible archaeological sites or historic structures. 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 Nov 06, 2015.

Contact:

Matthew Griffiths
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


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