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ENB Region 9 Completed Applications 02/17/2016

Cattaraugus County

Applicant:

Holimont Inc
6921 Rte 242
PO Box 279
Ellicottville, NY 14731 -0279

Facility:

Holimont Ski Resort
Fish Hill Rd
Ellicottville, NY 14731

Application ID:

9-0499-00046/00007

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Ellicottville, Cattaraugus County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 3,400 gallons of water per minute from Plum Creek for snowmaking at the Holimont Ski Resort Facility. The facility has been in operation for over 50 years. 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 gallons per day 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 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 Mar 03, 2016.

Contact:

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


Niagara County

Applicant:

CWM Chemical Services LLC
1550 Balmer Rd
Model City, NY 14107

Facility:

CWM Chemical Services - Model City Site
1550 Balmer Rd
Model City, NY 14107

Application ID:

9-2934-00022/00049

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Porter, Niagara County

Project Description:

The applicant proposes a modification to SPDES permit No. NY0072061 for the CWM facility located at 1550 Balmer Road in the Towns of Porter and Lewiston, Niagara County to authorize discharges related to construction and operation of a proposed hazardous waste landfill, referred to as Residuals Management Unit - Two (RMU-2).

Currently, hazardous and non-hazardous industrial wastes generated off site, and landfill leachate and contaminated ground water generated onsite are treated in the existing Aqueous Waste Treatment System and discharged through outfall 01A into Facultative (Fac) Ponds 1, 2 and 3 prior to being discharged to the Niagara River, a class A-Special waterbody, via outfall 001. CWM has requested authorization to also treat and discharge leachate from the proposed RMU-2 landfill. Fac Pond 3 is within the footprint of RMU-2 so CWM has proposed construction of a new pond, Fac Pond 5, to replace Fac Pond 3. Variable amounts of stormwater runoff associated with RMU-2 would be discharged via outfall 002 to an unnamed tributary of Fourmile Creek and via outfall 003 to an unnamed subtributary of Fourmile Creek, both class C waterbodies.

The Department has determined that construction and operation of the proposed RMU-2 has the potential to result in a new or increased discharge of bioaccumulative chemicals of concern (BCCs) from the facility to the Great Lakes Basin. Therefore, the proposal is subject to the Water Quality Antidegradation Policy, as well as TOGS 1.3.9.

Other proposed changes to the draft permit include: 1. The schedule for interim mercury limits at outfalls 001 and 01A has been modified so that these limits will expire June 1, 2019 or the date CWM begins receiving RMU-2 waste, whichever is sooner. 2. The schedules for interim PCB Aroclor limits at both internal and final stormwater outfalls have been modified so that these limits will expire June 1, 2019 or the date CWM begins receiving RMU-2 waste, whichever is sooner. 3. A special condition requiring pretreatment of B003 waste has been added to the draft permit as a means of further reducing PCB levels tributary to the wastewater treatment system. 4. A special condition prohibiting discharge of SLF 1-7 landfill leachate waste has been added to the draft permit. 5. The mercury minimization program requirements have been updated to include the "bulk chemical evaluation" component of the recently updated DEC mercury policy. 6. A new filter press would be required to be installed within one year of permit issuance. 7. A new monitoring locations page has been added to the draft permit to reflect conditions after initiation of RMU-2 waste acceptance.

Other changes to the draft permit are unrelated to RMU-2: A correction has been made to the settleable solids units for outfalls 002-004. The units were mistakenly labeled as "mg/l" when they should have been "ml/l". Also, the interim and final periods specified in Footnote 3 have been clarified.

The Department has made a tentative determination to issue the SPDES permit under Article 17 of the Environmental Conservation Law. This tentative determination indicates that the discharge regulated under this statue is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time. As a tentative determination, the Department seeks 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 or endorsement of the activity for which a permit is sought or for the overall proposed project. Refer to this application by application number listed above and SPDES Number NY0072061. As a permit necessary for the proposed RMU-2 project, this matter is further subject to proceedings currently underway for that proposed landfill.

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:

A draft environmental impact statement has been prepared on this project and is on file.

SEQR Lead Agency: NYS Department of Environmental Conservation

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.

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 Mar 21, 2016.

Contact:

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


Applicant:

NYS Office of Parks Rec & Historic Preservation
625 Broadway
Albany, NY 12238

Facility:

Fort Niagara State Park
Robert Moses Pkwy
Youngstown, NY 14174

Application ID:

9-2934-00260/00004

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Porter, Niagara County

Project Description:

The applicant proposes to improve the existing fishing access and boat launch area along the Lower Niagara River within Fort Niagara State Park. The proposed project includes the removal of concrete and other debris from the shoreline, the construction of a 700 foot revetment along the shoreline for erosion protection, the extension of slipways at north and south boat launches, and the installation of ADA compliant gangways and a seasonal aluminum floating dock system. The floating dock system will connect to the existing permanent docks and will be 700 feet in length. The proposed revetment is a stepped back construction of stacked quarried stone with niches for native plants. Approximately 331 cubic yards of fill will be excavated and removed from the river bed in the project 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 Office of Parks Recreation & Historic Preservation

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 located in a Coastal Management area and is 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 Mar 03, 2016.

Contact:

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


Applicant:

Michael Elliott

Facility:

Elliott Property Breakwall
873 Lake Rd
Porter, NY 14174

Application ID:

9-2934-00338/00001

Permit(s) Applied for:

Article 34 Coastal Erosion Management
Article 15 Title 5 Excavation & Fill in Navigable Waters
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Porter, Niagara County

Project Description:

The Department has made a tentative determination to approve an application for the installation of an approximately 200 foot long new rock breakwall constructed of 4 ton toe rock with 1 to 3 ton rock behind the toe rock and geotextile underlay with a drain pipe. The project is located at 873 Lake Road in the Town of Porter. 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 not performed.

SEQR Lead Agency: None Designated

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 located in a Coastal Management area and is 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 Mar 03, 2016.

Contact:

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


Wyoming County

Applicant:

Wyoming County
Court House
143 N Main St
Warsaw, NY 14569

Facility:

Replacement of Attica Culvert No. 21
Comet Rd 0.35 Mi N of Sage Rd
Attica, NY 14011

Application ID:

9-5622-00083/00001

Permit(s) Applied for:

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

Project is Located:

Attica, Wyoming County

Project Description:

The Department has made a tentative determination to approve an application for the replacement of existing culvert with a new precast concrete box culvert over a tributary of Kennedy Gulf and approximately 216 linear feet of associated streambank stabilization. The project is located in the Town of Attica on Comet Road, .35 miles north of the intersection of Sage Road. 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 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.

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 Mar 03, 2016.

Contact:

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


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