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ENB Region 9 Completed Applications 10/19/2016

Erie County

Applicant:

Buffalo Sewer Authority
1038 City Hall
Buffalo, NY 14202 -3310

Facility:

Scajaquada Creek Dredging
Between Mirror Lake and Hoyt Lake
Buffalo, NY

Application ID:

9-1402-00747/00003

Permit(s) Applied for:

Article 15 Title 5 Stream Disturbance
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 a stream restoration project that will address ecological impairments along Scajaquada Creek in Forest Lawn Cemetery and Delaware Park. The project includes the dredging of approximately 19,000 cubic yards of sediment, the construction of eight flow deflectors, the creation of a backwater wetland and upstream and downstream living shorelines with floodplain benches, the installation of a trash boom, and native plantings along the creek.

Downstream dredging along the waterbody will occur northwest of Hoyt Lake (north of Route 198). Upstream dredging will occur from south of Hoyt Lake to north of Mirror Lake in Forest Lawn Cemetery. Mirror Lake will also be dredged.

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 this 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: Buffalo Sewer Authority

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The activity is being reviewed in accordance with federal historic preservation laws (Section 106 of NHPA) and the project area of potential impact is substantially the same.

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 Nov 03, 2016.

Contact:

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


Niagara County

Applicant:

Washington Mills Electro Minerals Corp
1801 Buffalo Ave
Niagara Falls, NY 14303

Facility:

Washington Mills Electro Minerals
1801 Buffalo Ave
Niagara Falls, NY 14302

Application ID:

9-2911-00160/00077

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Niagara Falls, Niagara County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 8.64 million gallons per day of water from the Niagara River for contact and non-contact cooling water. The facility has been in operation since the 1930s. 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 Nov 03, 2016.

Contact:

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


Applicant:

Ashland Advanced Materials LLC
6100 Niagara Falls Blvd
Niagara Falls, NY 14304

Facility:

Ashland Advanced Materials
6100 Niagara Falls Blvd
Niagara Falls, NY 14304

Application ID:

9-2911-00381/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Niagara Falls, Niagara County

Project Description:

The Department has prepared a draft permit (NY 0275387) and made a tentative determination to approve a proposed permit modification to the current SPDES permit. This is a storm water SPDES Permit.

Ashland Advanced Materials [AAM], LLC is located at 6100 Niagara Falls Blvd, Niagara Falls, NY and is a producer of carbon specialty products. AAM has acquired the property to the west at 6050 Niagara Falls Blvd and sold the property they previously owned at 6200 Niagara Falls Blvd. All drains interior to the manufacturing buildings, as well as sanitary wastewater, flow to the Niagara Falls Water Board wastewater treatment plant.

This permit modification will be to add the Outfalls [001, 002, 003, and 008] located at the recently acquired 6050 Niagara Falls Blvd parcel to the AAM SPDES permit. The Outfall [006] on the 6200 Niagara Falls Blvd property will be deleted from the AAM permit and added to a new permit for the current owners of the 6200 property. The previous Outfall 004 will be deleted from the AAM permit as it no longer discharges.

The limit page for existing Outfall 005 is unchanged from the previous permit. The limit pages for Outfalls 001, 003 and 009 [discharge from storm retention basin] have been updated to include the PAHs, metals and conventional parameters limits for Outfall 005. The limit pages for Outfalls 002 and 008 which take typical runoff include only conventional storm water parameters. In addition to the Effluent Limits Pages, an Industrial BMP, Mercury Minimization, and additional PP Metals and PAH sampling requirements are included in the permit.

As a tentative determination, 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 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 Nov 18, 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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