The applicant proposes to fill and shape eroded streambanks along a 300 lineal foot reach of Thorpe Hollow Creek using material removed from two gravel bars at the same location. The proposal is located at the applicant's property on Raymond Drive, immediately upstream of the Raymond Road culvert.

The Department has made a tentative determination to approve this application for a modification of an existing permit for an increased discharge to 60,000 gallons per day of treated sanitary wastewater to the Little Cherry Creek, due to the proposed upgrades to the Cherry Creek Sewage Treatment Plant, located to the south of South Side Avenue and to the east of Route 83. The application and Draft Permit, which includes additional loadings to correspond to the design upgrade, are available for review at the Region 9 Buffalo Office of the New York State Department of Environmental Conservation.

The Department has prepared a draft permit and fact sheets and made a tentative determination to modify the current SPDES Permit, No. NY- 0026280, for the treated discharge of municipal wastewater from the City of North Tonawanda Wastewater Treatment Facility, located at 830 River Road, North Tonawanda NY. The draft permit was developed in accordance with the Department's Environmental Benefit Permit Strategy (EBPS) and uses information supplied in February 2001 by the City. The EBPS priority score for this modification is 180 points.

The proposed modification has been written on newly formatted permit pages and includes updated Combined Sewer Overflow (CSO) Best Management Practices (BMP) language equivalent to EPA's Nine Minimum Controls and a requirement for developing a long term control plan for the CSOs. BMP are also provided for Sanitary Sewer Overflows (SSO) and two compliance schedules require the permittee to control, maintain, and abate SSO per the Department's Technical & Operational Guidance Series (TOGS 1.3.3.) requirements. Specific pollutants have been deleted from, or added to the permit , or been identified for more intensive monitoring based on the City's application or monitoring. The treatment plant provides screening, grit removal, primary clarification, sand filtration, carbon absorption and chlorination for an average flow of 6.08 MGD and discharges to the Niagara River, a class A-Special stream.

There are an additional twelve overflow or wet weather bypass discharge locations in the collection system. 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