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ENB Region 9 Completed Applications 07/13/2016

Niagara County

Applicant:

Metal Cladding Inc
230 S Niagara St
Lockport, NY 14094 -1927

Facility:

Metal Cladding Inc
230 S Niagara St
Lockport, NY 14094

Application ID:

9-2909-00052/00045

Permit(s) Applied for:

Article 19 Air State Facility

Project is Located:

Lockport, Niagara County

Project Description:

The Department has prepared a draft permit and has made a tentative determination to issue a modification to an Air State Facility permit for Metal Cladding, Inc, located in Lockport, New York. The facility produces advanced coating applications to a wide variety of industries such as aerospace, medical, industrial, military, food processing, automotive, electronics, plastics, composites, HVAC coil coating, compression molding, and heat transfer. Emissions sources include spray booths, blasting booths, grinding booths, curing ovens, and an aqueous phosphate line. This proposed permit modification would establish a lesser degree of control per Part 228-1.5(e) for eight specific coatings used at Metal Cladding, Inc. A detailed process-specific Reasonably Available Control Technology (RACT) analysis was completed which demonstrated the technical and economic infeasibility of controlling VOC emissions from the eight specific coatings. Metal Cladding, Inc. will also cease the use of one non-compliant coating by December 31, 2016. Metal Cladding, Inc. must submit an annual emission report which includes the monthly emissions and total emissions attributed to the non-compliant coatings for each 12-month period throughout the calendar year. This permit modification will also add an expiration date to the permit. The Department is seeking public comment prior to making a final decision on permit issuance. A draft permit is available for review.

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.

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 Aug 12, 2016.

Contact:

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


Applicant:

William R Lee

Facility:

Lee Property
417 Daniel Dr
North Tonawanda, NY 14120

Application ID:

9-2912-00262/00001

Permit(s) Applied for:

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

Project is Located:

North Tonawanda, Niagara County

Project Description:

The Department has made a tentative determination to approve an application for the installation of a driveway, concrete pad and shed, walkway with drain tile and concrete pad and topsoil fill within the regulated 100 foot adjacent area of New York State Wetland TE-15. The proposed project is located at 417 Daniel Drive in the City of North Tonawanda. 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 Jul 28, 2016.

Contact:

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


Applicant:

Town of Hartland
Town Hall
8942 Ridge Road
Gasport, NY 14067

Facility:

Ditch Rd Ditch Clearing Project
1500' W of Intersection of Ditch Rd & Hartland Rd continuing N 1700 lf Then W 6000 lf Ending at Hosmer Rd
Hartland, NY

Application ID:

9-2922-00067/00001

Permit(s) Applied for:

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

Project is Located:

Hartland, Niagara County

Project Description:

The Department has received and made a tentative determination to approve an application to clear tree and brush vegetation, remove deadfall, excavate to establish the design ditch grade in specified portions of the ditch between Ditch Road and Hosmer Road, clear a 20-foot wide access path where allowed and annually brush hog a 12 foot wide access path where allowed. The proposed project will impact approximately 3.2 acres of New York State regulated freshwater wetland BA-8 and its 100 foot adjacent area. This proposed project is intended to improve the flow of the ditch and alleviate flooding in the surrounding area.

As a tentative determination, the Department is seeking public comment on the application 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 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 Jul 28, 2016.

Contact:

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


Applicant:

Modern Landfill Inc
PO Box 209
Model City, NY 14107 -0209

Facility:

Modern Landfill Inc
Pletcher Rd
Model City, NY 14107

Application ID:

9-2924-00016/00056

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Lewiston, Niagara County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 700 gallons per minute of water from an on-site irrigation pond for irrigation and dust suppression. The facility has been in operation since at least 1988. No changes in current operations from recent years are proposed. The Environmental Notice Bulletin from 6 July 2016 regarding this facility's details contained errors and is to be replaced by this notice of 13 July 2016.

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 Jul 28, 2016.

Contact:

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


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:

9-2934-00022/00233

Permit(s) Applied for:

Article 19 Air State Facility

Project is Located:

Porter, Niagara County

Project Description:

CWM Chemical Services, L.L.C. ("CWM") proposes a modification to its current Air State Facility permit, No. 9-2934-00022/00233, for the Model City Facility, located at 1550 Balmer Road, in the Towns of Porter and Lewiston, to address air emissions from the construction and operation of a proposed hazardous waste landfill, referred to as the Residual Management Unit - Two (RMU-2).

The Department has prepared a draft permit modification and made a tentative determination to issue a modified Air State Facility permit pursuant to Article 19 of the Environmental Conservation Law and Part 201-5 of Title 6 of the New York Codes Rules and Regulations ("draft ASF Permit Modification"). The Department has determined CWM is not a major source of criteria or hazardous air pollutants, and thus, is not subject to major source Title V air permitting nor the National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations - 40 CFR 63 Subpart DD.

The draft ASF Permit Modification references the operating and monitoring requirements in the draft RMU-2 Hazardous Waste Management Part 373 permit modification ("draft Part 373 Permit Modification") pertaining to certain pollution control requirements for air emission sources associated with hazardous waste management. Modifications are also being proposed to the draft Part 373 Permit Modification for CWM's proposed RMU-2 landfill. Specifically, proposed modifications are being made to the "Fugitive Dust Control Plan" (Attachment L of the draft Part 373 Permit Modification) and the "Air & Meteorological Monitoring Plan" (Attachment N of the draft Part 373 Permit Modification) to impose additional and more stringent requirements with respect to dust control and air monitoring associated with the construction and operation of the proposed RMU-2 landfill. These modified Attachments are intended to replace, in their entirety, the versions of Attachments L & N originally presented in the draft Part 373 Permit Modification for CWM's proposed RMU-2 landfill.

Please note that two versions of the Fugitive Dust Control Plan (Attachment L of the draft Part 373 Permit Modification) and the Air & Meteorological Monitoring Plan (Attachment N of the draft Part 373 Permit Modification) are available for review at the document repositories. One version of each plan is marked to show the changes that were made to it. The other version of each plan is unmarked.

Persons wishing to inspect the subject draft ASF Permit Modification and draft Part 373 Permit Modification files, including the application with all relevant supporting materials, the draft permit, and other materials available to the DEC that are relevant to this permitting decision should contact the DEC representative listed below. The Draft ASF Permit may be viewed and printed from the Department web site at: http://www.dec.ny.gov/dardata/boss/afs/draft_asf.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:

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:

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 Aug 12, 2016.

Contact:

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


Multiple Counties

Applicant:

Town of Machias
3483 Roszyk Hill Rd
PO Box 87
Machias, NY 14101 -087

Facility:

Lime Lake Sewer District Collection System
St Rte 16, 54, Eddy Rd, County Line Rd St Rte 39
Machias, Arcade and Yorkshire, NY 14101

Application ID:

9-9909-00121/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 15 Title 5 Stream Disturbance
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Several Counties in this Region

Project Description:

The Department has made a tentative determination to approve an application for the Lime Lake Sewer District collection system, pump station and force main project. Approximately 40,000 linear feet of six inch HDPE pipe and other appurtenances will be installed from Lime Lake to the Village of Arcade. The project also includes the construction of a booster pump station along the alignment south of the Village of Delevan. This project will require crossing through NYS Freshwater Wetlands DE-5, DE-6 and AR-9 and/or their regulated 100-foot-wide adjacent areas. The majority of wetland impacts will be temporary in nature. These areas of disturbance will be restored to pre-construction conditions. Also required is the crossing of several protected and non-protected streams utilizing directional drilling techniques.

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 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: Machias Town Board

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 Jul 28, 2016.

Contact:

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


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