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ENB Region 9 Completed Applications 04/20/2016

Cattaraugus County

Applicant:

City of Salamanca
225 Wildwood Ave
Salamanca, NY 14779

Facility:

Salamanca STP
299 Center St
Salamanca, NY 14779

Application ID:

9-0416-00012/00003

Permit(s) Applied for:

Article 27 Title 7 Solid Waste Management

Project is Located:

Salamanca, Cattaraugus County


Project Description:

The Department has made a tentative determination to approve a permit modification to the City of Salamanca's existing permit for the addition of 56.5 acres located on Route 353 in the Town of Little Valley for the land application of stabilized sludge from the City of Salamanca wastewater treatment plant. The applicant will continue to conduct subsurface injection of sludge on other sites. 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 the 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 May 05, 2016.

Contact:

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


Chautauqua County

Applicant:

Dutch Road Dairy LLC
236 Co Rte 163
Muleshoe, TX 79347 -79347

Facility:

Beckerink Gravel Pit
Bailey Hill Rd
Findley Lake, NY

Application ID:

9-0652-00033/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Mina, Chautauqua County


Project Description:

The applicant proposes to expand the existing 4.7 acre sand and gravel mine on the south side of Bailey Hill Road by an additional 9.8 acres out of 84.5 acres owned by the applicant at this location. There will be no changes to the operating schedule, nor to the mining methods or processing equipment used. There will be no mining into the groundwater table. Topsoil and overburden will be stripped and saved for reclamation purposes, with fourteen foot high berms constructed along the south and west expansion limits to deflect noise from neighboring receptors. The reclamation will be a level agricultural field contiguous to the current field being created, surrounded by 3 to 1 horizontal to vertical slopes in meadow.

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:

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 May 20, 2016.

Contact:

Charles D Cranston
NYSDEC Region 9 Allegany Sub-Office
182 E Union St - Ste 3
Allegany, NY 14706
(716)372-0645
DEP.R9@dec.ny.gov


Erie County

Applicant:

Erie County
95 Franklin St
Buffalo, NY 14202 -3904

Facility:

Red Jacket Shoreline Habitat Restoration
20 Smith St
Buffalo, NY

Application ID:

9-1402-00823/00003

Permit(s) Applied for:

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

Project is Located:

Buffalo, Erie County


Project Description:

The Department has received and made a tentative determination to approve an application for streambank stabilization and riparian and upland environmental restoration on a 7 acre site with approximately 750 linear feet of shoreline on the Buffalo River. Work will include shoreline and in-stream plantings, construction of five bendway weirs, anchoring of large woody debris, mowing and herbicide application. As a tentative determination, the Department is seeking public comment prior to making a final decision on permit issuance.

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: Erie County Dept of Environment & Planning

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.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 05, 2016.

Contact:

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


Applicant:

Erie County
95 Franklin St
Buffalo, NY 14202 -3904

Facility:

61 Smith Street Shoreline Habitat Restoration
61 Smith St
Buffalo, NY

Application ID:

9-1402-01116/00001

Permit(s) Applied for:

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

Project is Located:

Buffalo, Erie County


Project Description:

The Department has received and made a tentative determination to approve an application for streambank stabilization and riparian and upland environmental restoration on a 5.8 acre site with approximately 1,100 linear feet of shoreline on the Buffalo River. Work will include shoreline and in-stream plantings, construction of nine bendway weirs, anchoring of large woody debris, mowing and herbicide application. As a tentative determination, the Department is seeking public comment prior to making a final decision on permit issuance.

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: Erie County Dept of Environment & Planning

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.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 05, 2016.

Contact:

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


Applicant:

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

Facility:

Gernatt Asphalt Products - Springville Plant
13650 Benz Rd
Springville, NY 14141

Application ID:

9-1438-00007/02001

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Concord, Erie County


Project Description:

The applicant has applied for an initial permit for the continued withdrawal of up to 2,250 gallons of water per minute from onsite ponds for gravel processing at the mine facility. The facility has been in operation since at least 1988. 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 May 05, 2016.

Contact:

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


Niagara County

Applicant:

National Fuel Gas Distribution Corporation
6363 Main St
Buffalo, NY 14221 -5887

Facility:

Young Street Station
Young St
Niagara, NY

Application ID:

9-2930-00048/00001

Permit(s) Applied for:

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

Project is Located:

Niagara, Niagara County


Project Description:

The Department has made a tentative determination to approve an application for impacts to the regulated 100 foot wide adjacent area of New York State Freshwater wetland TW-1. Approximately 2,496 square feet will be disturbed for upgrades to an existing natural gas distribution station. Work will include abandonment of an existing regulatory station, installation of a gravel driveway and construction of a security fence. 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:

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 May 05, 2016.

Contact:

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


Applicant:

FMC Corp
1735 Market St
Philadelphia, PA 19103

Facility:

FMC - Agricultural Products
100 Niagara St
Middleport, NY 14105

Application ID:

9-2936-00017/00006

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Royalton, Niagara County


Project Description:

The Department of Environmental Conservation (DEC) has prepared a draft permit and has made a tentative determination to issue a renewal to State Pollutant Discharge Elimination Systems (SPDES) permit (NY#0000345) for the surface discharge of treated wastewater. This renewal also includes a permittee requested modification for revision and simplification of the source wastewater description and removal of internal flow monitoring reporting of the trench extraction wells.

FMC-Agricultural Products facility formulates and packages pesticide products. The facility discharges treated wastewater and stormwater via Outfall 001 (which is an admixture of internal Outfalls 01A, 01B, and 01C) to Tributary 1 of Jeddo Creek, a class C waterbody that has its flow monitored at Outfall 002. Treatment at the facility consists of pretreatment via air stripping, multi-media filtration, liquid-phase granular activated carbon vessels, cation resin system, chemical precipitation, clarification, and an additional multi-media filtration step.

DEC proposes to incorporate the following modifications to this permit: Controlled and direct discharge requirements have been removed from Outfall 001 and replaced with seasonal dilution ratios. Monitoring locations for all outfalls have been adjusted. The Western Surface Impoundment (WSI) will no longer legally discharge. A Schedule of Compliance has been added to require the submittal of an updated North Site Cover and WSI report and for the installation of a high level alarm as an alert for overflow. A Schedule of Submittals has been added to characterize the water leaving the site. Footnote 4 has been updated. Internal flow monitoring points for trench wells and DMR reporting for daily flows have been removed. Action Level parameters have been removed. Best Management Practices have been updated. Whole Effluent Toxicity testing has been added and adjustments made to parameter limits for Outfall 001. Parameter limits have been adjusted for Outfall 01A. The permit includes updated forms and the latest general conditions. Details of changes are specified in the draft permit and fact sheet.

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 May 20, 2016.

Contact:

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


Applicant:

John L Angelo

Facility:

Lockport Town and Country Club
717 E Ave
Lockport, NY 14094

Application ID:

9-2999-00028/00001

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Lockport, Niagara County


Project Description:

The applicant has applied for an initial permit for the continued withdrawal of up to 1,765 gallons of water per minute from onsite sources fed by stormwater runoff and the Erie Canal for golf course irrigation. The facility has been in operation for over 100 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 May 05, 2016.

Contact:

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


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