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ENB Region 8 Completed Applications 03/23/2016

Monroe County

Applicant:

Lehigh Station LLC
130 Linden Oaks Dr
Rochester, NY 14625

Facility:

Promenade at Erie Harbor
103 Court St E of the Genesee River
Rochester, NY

Application ID:

8-2614-00935/00002

Permit(s) Applied for:

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

Project is Located:

Rochester, Monroe County

Project Description:

The applicant is proposing the construction of a multi-use trail along the Genesee River and Johnson Seymour Mill Raceway which includes an elevated pedestrian promenade, a pedestrian bridge, an on-grade trail segment, landscaping, trail amenities and the reconstruction of the raceway wall. When complete, the Promenade at Erie Harbor ("Promenade") project will serve to fill in a missing link in the City's Genesee Riverway Trail system connecting the existing trail that currently terminates at the south end of the project site with the Court Street Bridge. The Promenade project will be constructed along the Genesee River, west of South Avenue, and is in an area approximately 480 ft long in the northsouth direction and 50 ft wide in the east-west direction.

The Genesee River is classified as Class B waters by NYSDEC, requiring an Article 15 Protection of Waters Permit. The Raceway is a perennially flowing feature fed by and discharging to, the Genesee River. The project will involve excavation and fill in the Genesee River for the construction of the pier of the pedestrian bridge, as well as excavation and fill within and temporary diversion of the Raceway in order to reconstruct the raceway wall. A temporary cofferdam / causeway system will be constructed on the bedrock bottom of the Genesee River to allow for construction along the raceway wall and for construction of the pedestrian bridge's pier foundation. Salvageable intact stones from the existing raceway wall will be utilized in the site's landscaping, and a stone veneer will be utilized on the river face of the new wall.

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: Rochester City Bureau of Planning

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.

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 Apr 07, 2016.

Contact:

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


Applicant:

Martin Early

Facility:

Early Property
278 Barmont Dr
Rochester, NY 14626

Application ID:

8-2628-00395/00001

Permit(s) Applied for:

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

Project is Located:

Greece, Monroe County

Project Description:

The applicant proposes an existing discharge of up to 500 gallons per day of treated sanitary wastewater from a home treatment system's leach trench overflow to a storm sewer lateral which discharges to Round Pond Creek, a Class C waterbody. The applicant plans to operate a Nayadice Home Treatment Plant with chlorination which will discharge to a 40 foot leach trench. The Department had made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation Law. This tentative determination indicates that the discharge regulated under this statute 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 determination on permit issuance. As such, the tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project. Refer to this application by the NYSDEC# 8-2628-000395/00001 and SPDES number NY 246247.

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 Apr 22, 2016.

Contact:

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


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