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ENB Region 9 Completed Applications 09/26/2018

Allegany County

Applicant:

NYS Office of Parks Rec & Historic Preservation
625 Broadway
Albany, NY 12238

Facility:

Genesee Valley Greenway
GVG Intersection at Hughes St
Belfast, NY 14711

Application ID:

9-0234-00046/00001

Permit(s) Applied for:

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

Project is Located:

Belfast, Allegany County

Project Description:

The Department has made a tentative determination to approve an application for the installation of a water control device at the outlet of a 37-acre pond in NYS Freshwater Wetland AG-5 . The applicant proposes to install 30 feet of corrugated pipe through an existing beaver dam that has caused flooding of the surrounding area. The pipe inlet would be surrounded by a wire mesh cage to prevent beavers from plugging the pipe. As a tentative determination, the Department is seeking comments on the proposed regulatory 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.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Oct 11, 2018.

Contact:

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


Erie County

Applicant:

Todd Huber

Facility:

Chicken Shack Restaurant
6272 Seneca St (Rte 16)
Elma, NY 14059

Application ID:

9-1442-00198/00005

Permit(s) Applied for:

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

Project is Located:

Elma, Erie County

Project Description:

The Department has prepared a draft State Pollutant Discharge Elimination System (SPDES) Permit (#NY0291242) to approve an application for a surface discharge of up to 3,456 gallons per day of treated sanitary wastewater to Spring Brook, from the Chicken Shack Restaurant, located at 6272 Seneca Street in the Town of Elma.

In commenting, please refer to this application by application number and SPDES number listed in this notice. A draft permit and application materials are available for inspection at the Region 9 Office.

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 Oct 26, 2018.

Contact:

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


Applicant:

Fresenius Kabi USA LLC
3159 Staley Rd
Grand Island, NY 14072

Facility:

Fresenius Kabi USA LLC
3159 Staley Rd
Grand Island, NY 14072

Application ID:

9-1446-00423/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Grand Island, Erie County

Project Description:

The Department has received and made a tentative determination to approve a modification to the State Pollutant Discharge Elimination System (SPDES) Permit (NY0258636) for the above-referenced facility. The SPDES Outfalls discharge to an intermittent tributary [Class D] of Big Six Mile Creek [Class B] in the Town of Grand Island. The proposed permit modification is to increase the daily maximum flow from the currently permitted 240,000 gallons per day (gpd) to 390,000 gpd due to the expansion of the wastewater treatment facility resulting from the proposed installation of a sequencing batch reactor (SBR) wastewater treatment system. The existing activated sludge wastewater treatment system will also remain online. The proposed permit modifications include: Discharge from Outfall 001 will have the addition of an effluent limit for Total Suspended Solids (TSS) of 10 mg/L, the addition of seasonal total ammonia (as N) effluent limitations of 0.86 mg/L (Summer) and 1.2 mg/L (Winter). The Outfall 001 effluent limit for Copper has been reduced from 58 ug/L to 38 ug/L. Also, due to the low or non-existent detection levels from the past four years of discharge data from Outfall 001, effluent limits for Phenols and Sulfite have been removed, and the effluent action level for Silver has been removed. Outfall 01A Tier 1 effluent limits for BOD5, TSS, and Chemical Oxygen Demand (COD) are proposed to be revised, with 5-Day Biochemical Oxygen Demand (BOD5) revised to a monthly average of 51 lbs/day, TSS revised to a monthly average of 87 lbs/day, and COD revised to a monthly average of 75 lbs/day and a daily maximum of 250 lbs/day. Tier 2 limits of a monthly average of: 100 lbs/day for BOD5, 170 lbs/day for TSS, and 150 lbs/day for COD are added due to the increase in design flow. Phosphorus monitoring has shifted from outfall 001 to 01A, and a special condition prohibiting its use in the production facility has been added. In addition, monitoring for TSS has been added for Outfall 01B and monitoring for 2-Propanol has been added for Outfall 002. A draft permit is available for review. The Department is seeking public comment prior to making a final determination 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 performed.

SEQR Lead Agency: Grand Island Town Board

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 Oct 26, 2018.

Contact:

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


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