Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 11/07/2001

Allegany County
Applicant: Buffalo Crushed Stone Inc
PO Box 710 2544 Clinton St
Buffalo, NY 14224-0710
Facility: Emerson Sand & Gravel Pit/Bcs Plant 39
Clark Road
Alfred Station, NY 14803-
Application ID: 9-0299-00016/00007
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Almond, Allegany County
Project Description:

The application is for a 90 acre expansion of the Emerson Sand & Gravel Pit, currently permitted for 50 acres. Most of the expansion area is in the Town of Alfred on land owned by the applicant. The existing mine is in the Town of Almond on lands of Charles and Linda Emerson, where the south property line set-back will be eliminated (adjacent to the expansion area) and storm water control features, such as rip-rap check dams in intermittent streams, will be added. No changes in mine operating procedures are proposed. There will be no on-site processing; mined material will be moved by conveyor, south to the applicant's adjacent Alfred Sand and Gravel Plant (DEC Permit No. 9-0220-00016/00003) where it will be processed, stockpiled and sold. The estimated life of the expanson area is 20 years and the reclamation objective is to create stable vegetated slopes and meadows suitable for pasture, agriculture and/or wildlife habitat. The Emerson Sand & Gravel Pit is located east and south of Clark Road and west of NYS Route 21. The expansion area is contiguous with the south boundary of the existing mine and north of the Alfred Sand & Gravel Plant mine.

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 Dec 7 2001.
Contact: Kenneth C. Taft
NYSDEC Reg 9 Allegany Sub-Office
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
kctaft@gw.dec.state.ny.us

Erie County
Applicant: Cimato Enterprises Inc
9220 Transit Rd
East Amherst, NY 14051-1622
Facility: Roll Road Residential Development
Roll Road
Clarence, NY -
Application ID: 9-1432-00251/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Article 15 Title 5 Stream Disturbance
Project is Located: Clarence, Erie County
Project Description:

The applicant proposes a 402 unit Roll Road Planned Unit Residential Development (PURD) including a restricted business facility with Shimerville, Roll and Thompson Roads as the boundaries. Required for the PURD is an Article 24 Freshwater Permit for .20 acres of fill in NYS Freshwater Wetland CC-33; a 5 acre mitigation wetland will be constructed adjacent to the Adjacent Area of NYS Freshwater Wetland CC-33 to compensate for State and Federal wetland impacts. Also an Article 15 Protection of Water Permit is required for a box culvert type bridge over Got Creek to join the two sections of the PURD. This PURD is part of the Clarence Hollow Pollution Abatement Project for sewer installation in the Town of Clarence. That Project also includes three other sections; (1) the sewer line installation from Roll Road to the interceptor at Hillside Drive which requires an Article 15 Protection of Waters Permit necessary for crossing of Got Creek near Roll and Thompson Roads, (2) NYS Department of Transportation sewer line installation from the interceptor at Hillside Drive to the north side of Main Street, crossing Ransom Creek at Greiner Road and again at Main Street (no NYSDEC permits necessary) and (3) Town of Clarence sewer line installation from south of Main Street to Royal Oak Drive, crossing Ransom Creek at Ransom Road, which will require an Article 15 Protection of Water Permit.

State Environmental Quality Review (SEQR) Determination: A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency: Clarence Town Board
State Historic Preservation Act (SHPA) Determination: A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Nov 23 2001.
Contact: Penny R. Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
prdempse@gw.dec.state.ny.us

Applicant: Springville - V
5 W Main St
Springville, NY 14141-1011
Facility: Springville WWTP
West Of Mill St At White Rd
Springville, NY 14141-
Application ID: 9-1438-00024/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Municipal SPDES
Project is Located: Concord, Erie County
Project Description:

The Department has prepared a draft permit and fact sheets and made a tentative determination to modify the current SPDES Permit, # NY- 0021474, for the treated discharge of municipal wastewater from the Village of Springville Wastewater Treatment Facility, located at 145 Mill Street, Springville NY. The draft permit was developed in accordance with the Department's Environmental Permit Strategy (EBPS) and uses information supplied by the Village. The EBPS score for this modification is 100 points.

The proposed modification includes updated monitoring requirements per the Department's Technical & Operational Guidance Series (TOGS 1.3.3.) and additional short term monitoring and reporting of the effluent for six parameters of concern. A collection system monitoring and maintenance schedule is provided as well as a discharge notification act maintenance requirement. The plant provides advanced secondary treatment with ammonia and phosphorus removal and chlorination/dechlorination for a design flow of 1.15 MGD and discharges to Spring Brook, a class C(T) stream.

The draft permit, fact sheets, application, and applicable regulations are available for inspection at the NYSDEC Region 9 Office. Comments in support of or in opposition to the proposed permit may be made by filing a written statement by the deadline date indicated.

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 Dec 7 2001.
Contact: Richard P. Sweeney
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165

Niagara County
Applicant: Modern Landfill Inc
PO Box 209
Model City, NY 14107-0209
Facility: Modern Landfill Inc
Pletcher Road
Model City, NY 14107-
Application ID: 9-2924-00016/00043
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 17 Titles 7 & 8 Industrial SPDES
Article 27 Title 7 Solid Waste Management
Project is Located: Lewiston, Niagara County
Project Description:

A modification to the existing Solid Waste Management Facility Permit is proposed. for Modern Landfill to expand its landfill footprint from approximately 117 acres to 232 acres and increase the maximum permitted height of the landfill from 416 feet to 476 feet above mean sea level MGVD 29. As part of the proposed action, Modern has also requested an increase in the approved design capacity from 2,383 tons per day to 2,636 tons per day. The annual waste receipt rate will be limited to 615,000 tons per year consistent with the 1999 Host Community Agreement between the Town of Lewiston and Modern (1999 HCA). The proposed lateral expansion of Modern Landfill will require the excavation of approximately 92,000 cubic yards of waste from the adjacent 10 to 15-acre unlined Town of Lewiston dump. Waste excavated from the Town of Lewiston dump will be transported to Modern's state-of-the-art landfill facility over landfill access roadways and disposed of in one of Modern's existing double-composite lined landfill cells.

The project will eventually (in about 23 years) result in the relocation of approximately 1,150 lineal feet of Twelvemile Creek, which is a Class C stream. No permit is required for that relocation unless Water Quality certification should be required at a later date, from this Department by the U.S. Army Corps of Engineers, Buffalo District Office.

In addition, the Department has prepared a Draft State Pollutant Discharge Permit SPDES NO. NY-024 3968, and made a tentative determination to approve this application for modification of an existing discharge of varying amounts of stormwater runoff from 12 outfalls to tributaries of Fourmile Creek and Twelvemile Creek , (both Class C). For this proposed landfill expansion, there are two additional stormwater outfalls including the proposed stormwater detention basin #4 to be located on the southwestern corner of the landfill site.

Further information is available in two additional Notices of Complete Application listed in this edition of the ENB and in a Notice of Acceptance of Draft Environmental Impact Statement at http://www.dec.state.ny.us/website/enb2001/20011107/not9.html.

State Environmental Quality Review (SEQR) Determination: A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency: NYS Department of Environmental Conservation
State Historic Preservation Act (SHPA) Determination: A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Dec 10 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: Modern Landfill Inc
PO Box 209
Model City, NY 14107-0209
Facility: Modern Landfill Inc
Pletcher Road
Model City, NY 14107-
Application ID: 9-2924-00016/00053
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Lewiston, Niagara County
Project Description:

The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this modification application for the proposed expansion of the applicant's Modern Landfill facility. Modern operates a sanitary landfill facility located at Pletcher and Harold Roads in Model City, New York. The landfill is permitted by the New York State Department of Environmental Conservation (NYSDEC) under 6 NYCRR Part 360, Solid Waste Management Facilities Regulations. The facility accepts municipal solid waste (MSW) and certain permitted non-hazardous industrial or special wastes. The landfill operations at the facility include: waste handling, tipping, covering, compacting, hauling, recyclable material sorting, construction & demolition (C&D) debris processing, tire shredding, leachate storage as well as equipment maintenance operations. The landfill has a landfill gas collection (LFG) system equiped to convey collected LFG to an on-site flare (with provisions to add an additional flare for 40 CFR 60 Subpart WWW compliance when LFG generation rates exceed the existing flare’s capacity). Currently, the LFG is not being flared because a private company, Model City Energy, LLC, (which is permitted by an Air State Facility Permit), operates a landfill gas recovery facility which can utilize all landfill gas produced at the facility. The plant combusts scrubbed landfill gas to produce 5.6 megawatts of electricity. The permit. as drafted, would allow Modern to expand its landfill footprint from approximately 117 acres to 232 acres and increase the maximum permitted height of the landfill from 416 feet to 476 feet above mean sea level. A revised summary of facility air emissions indicates that no additional landfill gas environmental control is required beyond a proposed 3000 CFM flare for anticipated gas generation from presently permitted landfill operations. There are four emission units at the facility as follows: 1-LFGAS - described as landfilling activities which includes a 1500 cubic feet per minute (CFM) enclosed flare to combust landfill gas (LFG) and a proposed 3000 CFM flare for anticipated gas generation from presently permitted landfill operations; 2-LEACH - described as leachate storage and handling; 3-CDDEB - described as construction and demolition debris processing; and 4-TIRES - described as tire processing, shredding and reclamation. The landfill is subject to 40 CFR 60 Subpart WWW New Source Performance Standards for Municipal Solid Waste Landfills. 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 on filing for party status and submitting comments. In accordance with 6 NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the US 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 6 NYCRR 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. Further information is available in two additonal Notices of Complete Application listed in this edition of the ENB and in a Notice of Acceptance of Draft Environmental Impact Statement at http://www.dec.state.ny.us/website/enb2001/20011107/not9.html

State Environmental Quality Review (SEQR) Determination: A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency: NYS Department of Environmental Conservation
State Historic Preservation Act (SHPA) Determination: A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Dec 10 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: Modern Landfill Inc
PO Box 209
Model City, NY 14107-0209
Facility: Harold Road Clay Mine
Harold Rd At Pletcher Rd
Model City, NY 14107-
Application ID: 9-2924-00111/00001
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Lewiston, Niagara County
Project Description:

As part of a proposal to expand the existing Modern landfill, the applicant proposes to develop an 82 acre soils mining area located southwest of the Intersection of Pletcher and Harold Roads. An estimated 1,590,000 cubic yards of soils would be excavated from the proposed clay mining site and used by the applicant for construction of the proposed landfill liner system and/or as landfill cover (intermediate and final) material. Final reclamation is proposed as open lake with a 5.4 acre fringe wetland area. Further information is available in two additional Notices of Complete Application listed in this edition of the ENB and in a Notice of Acceptance of Draft Environmental Impact Statement at http://www.dec.state.ny.us/website/enb2001/20011107/not9.html

State Environmental Quality Review (SEQR) Determination: A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency: NYS Department of Environmental Conservation
State Historic Preservation Act (SHPA) Determination: A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Dec 10 2001.
Contact: Michael J. McMurray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mjmcmurr@gw.dec.state.ny.us

Wyoming County
Applicant: Raymond P. Kegler
147 Briarhill Dr
Buffalo, NY 14224-
Facility: Kegler Property
5817 Route 362
Wethersfield, NY -
Application ID: 9-5650-00030/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Wethersfield, Wyoming County
Project Description:

The applicant proposes streambank erosion control within a 300 ft. reach of Tributary 12 (North Branch) of Wiscoy Creek. Streambank erosion control methods include rock riprap, concrete block wall and streambank cribbing installations. The applicant also proposes to install cover log and boulder structures to provide overhead cover/rest areas for fish and digger structures to create pooling areas, at several locations along the creek. The proposal is located at the applicant's property, 5817 Rt. 362, approximately 1,500 feet north of West Road and 400 feet east of Rt. 362, along Tributary 12 of Wiscoy Creek and within State Regulated Freshwater Wetland BL-5.

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 Nov 23 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

Region 9 SEQR and Other Notices Region 9 SPDES Renewals