Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 03/21/2001

Chautauqua County
Applicant: Michael E. Voty
691 Creek Rd
Jamestown, NY 14701-
Facility: Voty Property
691 Creek Rd
Jamestown, NY 14701-
Application ID: 9-0622-00109/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Protection
Project is Located: Busti, Chautauqua County
Project Description:

The applicant proposes to remove gravel from a 100 lineal ft bar in Stillwater Creek. The gravel will be removed by a skimming type operation and all removal will occur above the normal low water elevation of Stillwater Creek at the site. The project is located at the applicant's property, 691 Creek Road, approximately 900 feet upstream of the Donelson Road bridge.

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 map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at 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 Apr 6 2001.
Contact: Mary E. Hohmann
NYSDEC Reg 9 Allegany Sub-Office
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
mehohman@gw.dec.state.ny.us

Applicant: Bemus Point Ctl Sch Dist
3980 Dutch Hollow Rd
Bemus Point, NY 14712-
Facility: Bemus Pt Maple Grove Jr Sr High
3980 Dutch Hollow Road
Ellery, NY 14712-
Application ID: 9-0636-00003/00003
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Ellery, Chautauqua County
Project Description:

     The Department of Environmental Conservation (DEC) has received an application to re-issue the following EPA minor Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit. DEC has made a tentative determination to re-issue this permit for a five-year period, maintaining the current effluent limitations and monitoring and reporting requirements. This permit involves the surface discharge of 26,000 gallons per day of treated sanitary waste to the Dutch Hollow Creek Trib.

     Additional information including the current permit, renewal applications, and supporting documentation may be obtained from or inspected at the NYSDEC central office in Albany. Substantive comments on the permit or requests for hearing or both must be submitted in writing to the contact person.

     SPDES Number: NY 009 7527

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 permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
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 Apr 20 2001.
Contact: Barbara Rinaldi
NYSDEC Region 2 Headquarters
47-40 21St Street
Long Island City, NY 11101
(718)482-4997
bbrinald@gw.dec.state.ny.us

Erie County
Applicant: Rock Oak West LLC
6523 South Transit Rd
Lockport, NY 14094-
Facility: Rock Oak West LLC
10065 Main St
Clarence, NY -
Application ID: 9-1432-00231/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Clarence, Erie County
Project Description:

The Department has prepared a draft permit and made a tentative determination to approve an application for a modification of an existing permit to discharge treated sanitary wastewater to groundwater. The exisiting permit allows the discharge of 12,500 gallons per day (gpd) and the modification will allow an additional discharge of 18,750 gpd from a septic tank and sand filter system. The project is located on the south side of Main Street opposite Kraus Road. The application and draft permit are available for review at the regional office during business hours.

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: Clarence Town Board
State Historic Preservation Act (SHPA) Determination: Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at 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 Apr 20 2001.
Contact: Charles D. Cranston
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
cdcranst@gw.dec.state.ny.us

Niagara County
Applicant: Ipac 2000 Inc
2107 Liberty Drive
Niagara Falls, NY 14304-3744
Facility: Ipac
3501 Hyde Park Blvd Bldg 36
Niagara, NY 14304-
Application ID: 9-2930-00022/00001
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Niagara, Niagara County
Project Description:

This a corrected Notice of Complete Application which supercedes the Notice published March 14, 2001. The previous Notice incorrectly identified the location of the facility and the State Environmental Quality Review Act (SEQR) status. The Department has prepared a draft State Facility Permit for the IPAC Reactivization plant, a new facility in the Town of Niagara, which will reactivate spent, non-hazardous activated carbons using electrical resistivity multi-hearth kilns. Two kilns will be installed with the possibility of adding two additional kilns at a future date. The exhaust from the kilns will be drawn through an afterburner or thermal oxidizer and will then pass through a wet scrubber/quencher before exiting to the atmosphere through a stack. The reactivated carbon will be sieved to remove any dust generated during the reactivization process. Dust from the sieving operation will be captured by a baghouse dust collector. Facility-wide potential emissions of carbon monoxide, hydrogen chloride, a hazardous air pollutant(HAP), and volatile organic compounds(VOCs) exceed the major source thresholds for the Title V permitting requirements of 6NYCRR, Part 201-6. Therefore, the facility has agreed to accept a production throughput limit of 51,731,686 pounds during each consecutive twelve month period in order to limit emissions to less than

80 % of the major source thresholds: carbon monoxide to less than 80 tons, hydrogen chloride to less than 8 tons, and VOC to less than 40 tons. By accepting the VOC limit to less than the major source threshold of 50 tons, the facility will not be subject to the Reasonably Available Control Requirements (RACT) of 6NYCRR, Part 212.10 or the New Source Review in Non-Attainment Area requirements of 6NYCRR, Part 231-2.

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 permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
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 Apr 20 2001.
Contact: David S. Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
dsdenk@gw.dec.state.ny.us

Applicant: U S Dept Of The Army
The Pentagon
Washington, DC 20310-
Facility: Block Church Rd At Tonawanda Creek
Block Church Rd At Tonawanda Creek
Royalton, NY 14094-
Application ID: 9-2936-00062/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Excavation & Fill in Navigable Waters
Project is Located: Royalton, Niagara County
Project Description:

The U.S. Army Corps of Engineers Buffalo District under the sponsorship of Niagara County Department of Public Works propose to install riprap on the bank of Tonawanda Creek. The construction site is immediately east of Block Church Road approximately 1,000 feet south of its intersection with Ertman Road. Three hundred feet of riprap will be installed to stop streambank erosion which threatens Block Church Road.

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: A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.
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 Apr 6 2001.
Contact: Douglas E. Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
deborsch@gw.dec.state.ny.us

Applicant: Niagara County
314 Davidson Rd
Lockport, NY 14054-
Facility: NYS Regulated Wetlands In Niagara County
NYS Regulated Wetlands
Lockport, NY 14094-
Application ID: 9-2999-00014/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Lockport, Niagara County
Project Description:

As part of the Niagara County Health Department's Mosquito Control Program, it is proposed to annually apply Bacillus thuringiensis israelensis (Bti), Bacillus sphaericus (Bs), Methoprene (active ingredient in Altosid) and Agnique (Isostearyl Alcohol Ethoxylate) Monomolecular Film (MMF) larvicides in the CB-13, CC-2, CC-3, CC-24, LE-2, LE-4, LE-18, LE-19, LP-8, LP-9, LP-10, LP-19, LP-21, LP-23, LP-34, LP-37, NW-8, NW-13, NW-32, NW-33, RV-3, RV-5, RV-11, TE-1, TE-2 (Moyer Road), TE-12 (East Robinson), TE-15 (Klydel), TE-25, TW-1, TW-3, TW-4 (Summit Park), TW-6 (Williams Road), TW-24, TW-25, TW-26, WI-10, WI-26, WI-27 and WI-28 Wetlands in the Towns of Cambria, Lewiston, Lockport, Newfane, Pendleton, Porter, Wheatfield and Wilson; and the Cities of Lockport, Niagara Falls and North Tonawanda. Most of the RV-3 Wetland and all of the RV-5 Wetland are located in the Tuscarora Indian Reservation. The referenced wetlands are either class I, II or III wetlands. The active ingredients in Bti and Bs are composed of viable endospores and delta-endotoxin crystals, which upon ingestion by mosquito larvae cause general gut paralysis and death. Methoprene is an insect growth regulator. It does not control larvae through direct toxic action. Rather, it interferes with normal mosquito metamorphosis, preventing larvae from developing into viable adult mosquitoes. Agnique MMF is a surfactant (surface active agent) which has been in use in various formulations for over 20 years. The product forms a thin film on the water surface and changes the surface tension at the air/water interface. This inhibits the proper feeding, resting, breathing, and/or molting orientation of mosquito larvae and pupae at the air/water interface, leading to suffocation. It does not kill via chemical toxicity.

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: Niagara County Health Department
State Historic Preservation Act (SHPA) Determination: The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
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 Apr 9 2001.
Contact: Jeffrey E. Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
jedietz@gw.dec.state.ny.us

Wyoming County
Applicant: L M White
29 East Street
Gainesville, NY 14066-
Facility: L M White
29 East Street
Gainesville, NY -14066
Application ID: 9-5632-00041/00001
Permit(s) Applied for: Article 27 Title 3 Solid Waste Transporter
Project is Located: Gainesville, Wyoming County
Project Description:

The applicant proposes to transport and dispose of septage by land application at 2 sites, totalling 15 acres of land, owned by F. Lincoln Walkley off LaMont Road in the Town of Pike. Site 1 is a 2.5 parcel approximately one mile south of the intersection of LaMont Road and Route 39 at the rear of the West Wind Aggregates Inc property at 6600 LaMont Road and Site 2 is a 12.5 acre parcel located approximately 1/4 mile north of the intersection of LaMont Road and Route 39. Septage will be incorporated into the soil within 24 hours of applicaton.

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: Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at 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 Apr 9 2001.
Contact: Penny R. Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
prdempse@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals