Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 08/22/2001

Erie County
Applicant: Gc-Acres LLC
2598 Two Rod Rd
East Aurora, NY 14052-
Facility: Gc-Acres LLC
2598 Two Rod Rd
Marilla, NY 14052-
Application ID: 9-1454-00056/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Marilla, Erie County
Project Description:

The proposal is to remove approximately 150 cubic yards of gravel per year by skimming from a 20 foot wide, 100 foot long, three foot deep gravel bar in Buffalo Creek (Class A), which is located about 1000 feet east of Two Rod Road and 2200 feet south of Liberia Road The gravel will be removed by utilizing an existing ford and access road, and used on the property for patching access roads.

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 Sep 7 2001.
Contact: Michael J. McMurray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mjmcmurr@gw.dec.state.ny.us

Applicant: 3M Co
3M Center Box 33331
Saint Paul, MN 55133-3331
Facility: 3M Tonawanda
305 Sawyer Avenue
Tonawanda, NY 14150-
Application ID: 9-1464-00164/00117
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Tonawanda, Erie County
Project Description:

The Department has prepared a Draft Title V Permit pursuant to Article 19 (Air Pollution Control)of the NYS Environmental Conservation Law and Title V of the Federal Clean Air Act amendments and made a tentative determination to approve this application for the existing sponge making operations at the 3M Tonawanda facility. This permit includes all the conditions established under a State Facility Permit dated January 1, 2000 which included the installation of three new lamination lines and associated equipment and increased production on existing equipment. The expansion was previously reviewed for applicability of 40 CFR Part 52.21, Prevention of Significant Deterioration, and 6NYCRR Part 231-2, New Source review in a non-attainment area. Western New York is in attainment for all criteria contaminants but is part of the ozone transport region and therefore designated marginal non-attainment for ozone precursors. Ton per year emission limits below de minimus applicability thresholds were established for Sulfur Dioxide, Sulfuric acid mist, Hydrogen Sulfide and Volatile Organic Compounds (Carbon disulfide).

The application, draft permit, relevant supporting materials and regulations are available for review during normal business hours at the regional office. Written comments may be made within the 30 day period ending on the last filing date indicated in this notice. The Department may modify the draft permit based on significant or important information raised during the comment period. The Department may also schedule a public hearing based upon an evaluation of the nature and scope of any written objections raised. A hearing notice would contain instructions for filing for party status and submitting comments. In accordance with 6NYCRR Parts 621.5(d)(9)and 201-6.4(c), the Administrator of the U.S. Environmental Protection Agency (EPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with the applicable requirements of the Clean Air Act or 6NYCRR Part 201. Following the 30 day comment period, the EPA will have an additional 45 days to review the draft or modified draft permit. If the EPA does not raise any objection in that time, the Department may then issue the final draft permit as the Title V Permit.

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 Sep 21 2001.
Contact: David S. Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
dsdenk@gw.dec.state.ny.us

Niagara County
Applicant: John J. Long Sr
2259 Niagara Rd
Niagara Falls, NY 14304-2014
Facility: Walleye Research And Rearing Facility
Midway Between Balmer And Pletcher Rds 4000 Feet East Of Creek Rd
Lewiston, NY 14092-
Application ID: 9-2924-00040/00004
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 23 Title 27 Mined Land Reclamation
Project is Located: Lewiston, Niagara County
Project Description:

Excavation of topsoil and clay from two surface unconsolidated mines on the applicant's property between Balmer and Pletcher Roads. Each mine will be approximately 4 acres in size. Approximately 3,100 feet of a 15 foot wide by 4 foot deep canoe trail will be also be excavated to connect the two mines which will be reclaimed as ponds for recreational activities such as camping and fishing. Excavation will occur with the use of front end loaders and/or backhoes over the expected life of the mines. Single and double axle dump trucks will be used to transport the excavated material from the site. The clay mining will occur as an open pit operation with excavation being to a depth of up to 18 feet below grade. Both the ponds and canoe trail are located with the LE-18 Wetland, a class I wetland, and its 100 foot wide adjacent area. Approximately 75 percent of the shoreline for both ponds will be reclaimed as emergent marsh.

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 Sep 21 2001.
Contact: Jeffrey E. Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
jedietz@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals