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ENB Region 9 Completed Applications 07/27/2016

Erie County

Applicant:

Erie County
95 Franklin St
Buffalo, NY 14202 -3904

Facility:

Ellicott Development Property
301 Ohio St
Buffalo, NY

Application ID:

9-1402-01013/00007

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 an aquatic habitat restoration project at the facility. Emergent and submerged vegetation will be planted at target elevations in the Buffalo River following the removal of an estimated 225 tons of debris. The project includes the placement of approximately 137 cubic yards of planting substrate below the ordinary high water level and the placement of woody debris, root wads and locked logs for habitat structure. 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 Aug 11, 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:

Savarino Mixed Use Project
9 South St
Buffalo, NY

Application ID:

9-1402-01098/00003

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 an aquatic habitat restoration project at the facility. Emergent and submerged vegetation will be planted at target elevations in the Buffalo River. The project includes the placement of approximately 177 cubic yards of planting substrate below the ordinary high water level and the placement of woody debris, root wads and locked logs for habitat structure. 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 Aug 11, 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:

Irish Propane
218 Katherine St
Buffalo, NY 14210

Application ID:

9-1402-01122/00001

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 an aquatic habitat restoration project at the facility. Emergent and submerged vegetation will be planted at target elevations in the Buffalo River. The project includes the placement of approximately 339 cubic yards of planting substrate below the ordinary high water level and the placement of woody debris, root wads and locked logs for habitat structure. 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 Aug 11, 2016.

Contact:

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


Applicant:

City of Tonawanda
200 Niagara St
Tonawanda, NY 14150 -1003

Facility:

Niawanda Park-Niagara River
Niagara St (St Rte 266) near Hinds St
Tonawanda, NY 14150

Application ID:

9-1416-00027/00008

Permit(s) Applied for:

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

Project is Located:

Tonawanda, Erie County

Project Description:

The Department has received and made a tentative determination to approve an application for a shoreline rehabilitation project in Niawanda Park in Tonawanda. This project will armor the existing concrete lined shoreline with heavy stone filling and medium rip rap along with placing topsoil and seed in a few scour areas. Red Osier Dogwoods will be planted in a few areas along the upper banks. All work will occur above the ordinary high water mark.

As a tentative determination the Department is seeking public comments 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 Aug 11, 2016.

Contact:

Kerri L Pickard-Depriest
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

International Imaging Materials Inc
310 Commerce Dr
Amherst, NY 14228 -2303

Facility:

International Imaging
310 Commerce Dr
Amherst, NY 14228

Application ID:

9-1422-00093/00035

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Amherst, Erie County

Project Description:

The Department has prepared a draft permit and has made a tentative determination to issue a renewal of the Title V Air permit for IIMAK International Imaging Materials, Inc. IIMAK is a manufacturer of thermal transfer ribbons. IIMAK coats polyester film with wax and solvent-based backings and inks for use in bar code applicators, color printers and facsimile machines. The solvent-based coatings are manufactured on site and coating machines are used to apply the coatings to the films. This permit renewal also adds a toluene recovery system (TRS) which was added to the facility under a minor modification in 2013. The facility has 5 emission units which include all coating machines, parts washers, slitting machines, oxidizers and the TRS; 3 chemical bulk storage tanks; 2, 24.5 mmBTU/hr, natural gas boilers which produce steam; 2 weigh stations where solid pigments, resins, and waxes are weighed, mixed and melted; and 4 corona treatment units. The facility is separated into two plants, each of which accepted a volatile organic compounds (VOC) emission cap of less than 50 tons per year. The facility meets the Subpart 228-1 VOC control requirements for Class D coatings by maintaining appropriate emission control requirements per Subpart 228-1.5 with the use of the TRS, oxidizers, and permanent total enclosures around the coating machines.

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.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Aug 26, 2016.

Contact:

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


Applicant:

Gary J Clunie

Facility:

Clunie Property
Royal Oak Dr - adjacent to 10521
Clarence, NY 14031

Application ID:

9-1432-00422/00001

Permit(s) Applied for:

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

Project is Located:

Clarence, Erie County

Project Description:

The Department has received and made a tentative determination to approve an application for the construction of a single family home on a lot adjacent to 10521 Royal Oak Drive in the Town of Clarence. Portions of the porch, the driveway and the leachfield associated with the proposed home will be located within the outer 50 feet of the regulated 100 foot adjacent area (AA) of New York State regulated freshwater wetland (FWW) CL-5. A shed is also proposed to be located within the outer 50 feet of the AA of FWW CL-5. The proposed home is located completely outside the regulated AA of FWW CL-5. The inner 50 feet of the AA will be maintained in a natural state to provide a buffer between the home and the wetland.

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 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.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Aug 11, 2016.

Contact:

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


Applicant:

Lancaster Country Club
6061 Broadway
Lancaster, NY 14086 -9528

Facility:

Lancaster Country Club
6061 Broadway (US Rt 20) S of the Junction of Pa
Lancaster, NY 14086

Application ID:

9-1452-00018/00013

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Lancaster, Erie County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 800 gallons per minute of water from Cayuga Creek for golf course irrigation. The facility has been in operation since 1925. 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 Aug 11, 2016.

Contact:

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


Niagara County

Applicant:

Norampac Industries Inc
1061 Rue Parent
St. Bruno, QC J3V 6R7

Facility:

Norampac Industries Inc
4001 Packard Rd
Niagara Falls, NY 14303

Application ID:

9-2911-00063/00006

Permit(s) Applied for:

Article 19 Air State Facility

Project is Located:

Niagara Falls, Niagara County

Project Description:

The Department has prepared a draft permit and has made a tentative determination to issue a modified Air State Facility (ASF) permit to combine two existing ASF facility permits for Norampac, a corrugating medium manufacturing facility and Greenpac, a linerboard manufacturing facility. Process operations include pulping, forming, pressing, drying, and dry end handling. The facility performs aerobic and anaerobic pretreatment, with emissions controlled by a flare or boiler. The facility will limit actual emissions of volatile organic compounds (VOC) to less than 49 tons per year, on a 12 month rolling total basis. The facility is subject to the opacity, particulate loading, and emission control requirements of 6 NYCRR Part 212. Specifically, hydrogen sulfide (H2S) emissions from the biogas must be controlled to a minimum destruction efficiency of 99% per Part 212-2.3(b).

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 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 Aug 26, 2016.

Contact:

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


Wyoming County

Applicant:

James F Davis, Jr

Facility:

Davis Valley Farm
3007 W Hill Rd
Bliss, NY

Application ID:

9-5630-00036/00007

Permit(s) Applied for:

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

Project is Located:

Eagle, Wyoming County

Project Description:

The Department has made a tentative determination to approve an application for the placement and grading of fill associated with the installation of a concrete manure storage tank and leachate treatment area within the regulated 100 foot adjacent area of New York State Wetland BL- 7. The proposed project is located at 3007 West Hill Road in the Town of Eagle. 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 Aug 11, 2016.

Contact:

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


Applicant:

Morton Salt Inc
45 Ribaud Ave
Silver Springs, NY 14550

Facility:

Morton Salt Inc
45 Ribaud Ave E
Silver Springs, NY 14550

Application ID:

9-5632-00007/00044

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Gainesville, Wyoming County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 2.866 million gallons per day of water from Wolf Creek and Barber Creek for salt production. The facility has been in operation for decades. 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 Aug 11, 2016.

Contact:

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


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