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ENB Region 9 Completed Applications 12/16/2015

Cattaraugus County

Applicant:

D&H Materials Inc
11939 St Rte 98 S
Arcade, NY 14009

Facility:

Hard Rock Gravel Products
Martin Rd @ McKinstry Rd - SE Corner
Machias, NY 14101

Application ID:

9-0458-00079/00005

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Machias, Cattaraugus County

Project Description:

The applicant proposes to modify his current mining and reclamation plan and leave a 6.1 acre area surrounding tributary 2 to Sucker Pond in its natural state, which would divide the current life of mine limits into the West and East Mine Areas. There will be no additional acreage added to the life of mine, or new processing equipment added. Mining is also proposed to extend 25 feet deeper in both the West and East Mine Areas. Mining into groundwater and within the seasonal high groundwater table in the West Mine Area will create a pond approximately 14.8 acres 15 feet deep, and wetland plant species included in the seasonal high water table area. A new haul road will be added to access Martin Road when mining commences in the East Mine Area.

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 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 Jan 15, 2016.

Contact:

Charles D Cranston
NYSDEC Region 9 Allegany Sub-Office
182 E Union St - Ste 3
Allegany, NY 14706
(716)372-6242
DEP.R9@dec.ny.gov


Chautauqua County

Applicant:

Seamans Speedway Inc
4150 Kortwright Rd
Jamestown, NY 14701

Facility:

Stateline Speedway
4150 Kortwright Rd
Busti, NY 14750

Application ID:

9-0622-00138/00001

Permit(s) Applied for:

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

Project is Located:

Busti, Chautauqua County

Project Description:

The Department has prepared a draft permit (SPDES #NY 0269425) and made a tentative determination to approve a renewal application for the discharge of up to 1,000 gallons per day of treated wastewater to a tributary of Stillwater Creek. The discharge is from an existing on-site septic tank and sand filter wastewater treatment system.

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 not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jan 15, 2016.

Contact:

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


Applicant:

SGK Ventures LLC
11900 S Cottage Grove
Chicago, IL 60628

Facility:

SGK Ventures Frewsburg Facility
300 Falconer St
Frewsburg, NY 14738

Application ID:

9-0624-00016/02003

Permit(s) Applied for:

Article 19 Air State Facility

Project is Located:

Carroll, Chautauqua County

Project Description:

The New York State Department of Environmental Conservation (DEC) has reviewed an application for Emission Reduction Credits (ERCs) dated August 24, 2015 for the permanent shutdown of the SGK Ventures Frewsburg facility located at 300 Falconer Road, Frewsburg, New York. In accordance with 6 NYCRR Subpart 231-10, the DEC intends to approve emission reduction credits as follows:

Nitrogen Oxides (NOx): 2.37 tons Volatile Organic Compounds (VOC): 21.56 tons

The values above for NOx and VOC are as requested in the application. The application also requested ERCs for PM-10 and SO2; however these contaminants do not exceed National Ambient Air Quality Standards at the facility's location, so they are not eligible for ERCs. The emission reductions are based specifically on the shutdown of emission units U-THERM, U-SHRED, U-TCE00, U-TORCH, U-NPB00 and U-BLAST. The facility surrendered its air permit to operate the entire facility effective August 3, 2015.

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 not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jan 15, 2016.

Contact:

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


Applicant:

Timothy J Rice

Facility:

Rice Property
4324 Chautauqua-Stedman Rd
Mayville, NY 14757

Application ID:

9-0628-00046/00003

Permit(s) Applied for:

Article 15 Title 5 Stream Disturbance

Project is Located:

Chautauqua, Chautauqua County

Project Description:

The applicant proposes to stabilize 775 linear feet of eroding stream bank by installing stream barbs, bendway weirs, slope rock, a cross vane, and a log-framed deflector. Upper slope areas will be stabilized with willow plantings. The proposal was designed by the United States Department of Agriculture, Natural Resource Conservation Service, and will be cost-shared under the USDA-NRCS Environmental Quality Incentives Program (EQUIP). The project site is located approx. 1,000 feet downstream (east) of the County Road 33 bridge over Prendergast Creek, at the facility address above.

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 maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for 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 Dec 31, 2015.

Contact:

Ryan D Rockefeller
NYSDEC Region 9 Allegany Sub-Office
182 E Union St - Ste 3
Allegany, NY 14706
(716)372-6242
DEP.R9@dec.ny.gov


Niagara County

Applicant:

Globe Metallurgical Inc
PO Box 157
Beverly, OH 45715 -0157

Facility:

Globe Metallurgical Inc
3807 Highland Ave
Niagara Falls, NY 14305

Application ID:

9-2911-00078/00009

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Niagara Falls, Niagara County

Project Description:

The Department has prepared a draft permit and has made a tentative determination to approve the renewal of the Title V Air Permit for Globe Metallurgical (Globe) located at 3807 Highland Avenue in the City of Niagara Falls. Globe produces high purity silicon metal in two submerged electric arc furnaces. The facility is a major source of emissions of sulfur dioxide, carbon monoxide, hydrogen chloride and nitrogen oxides (NOx) and therefore subject to the Title V permitting requirements of 40 CFR 70 and 6 NYCRR Part 201-6. The facility re-started operations on October 1, 2009.

The two silicon furnaces are subject to the process weight emission limits for ferroalloy furnaces as determined by Table 5 of 6 NYCRR Part 212-2.5. A baghouse operation and maintenance program is incorporated into this permit. As a major source of NOx, the facility is subject to the NOx Reasonably Available Control Technology (RACT) compliance requirements of 6 NYCRR Part 212-3. A NOx RACT analysis was submitted with the initial Title V Permit and revised for this renewal. It was again determined that there are no feasible control technologies available and therefore, RACT, as no control, is incorporated into this permit limiting NOx emissions to 87.6 pounds per hour per furnace and a combined 767.3 tons per year of NOx. In addition, the facility is required to perform regular refractory maintenance on these furnaces and continue to investigate emissions reductions technologies. The RACT compliance plan was initially submitted to the USEPA as a source specific State Implementation Plan (SIP) revision. The coal and petroleum coke or other forms of coke used in the furnace charge are a fuel source subject to the sulfur-in-fuel limitations of 6 NYCRR Part 225-1.2(c). Pursuant to 6 NYCRR Part 225-1.4, a general variance allows the usage of coke exceeding the sulfur limitation in combination with coal in the furnace charge provided that the emissions from the combined usage do not exceed sulfur dioxide emissions, on the basis of pounds of sulfur per million Btu heat input, at a rate greater than that from fuels meeting mandated sulfur limits. Coal and coke will be combined in a ratio of a minimum 4:1 to ensure compliance. At this time, the permittee does not use coke and the coal is compliant with 225-1.

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:

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 not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jan 15, 2016.

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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