Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 07/10/2002

Chautauqua County
Applicant: Teddy B Lebaron
7717 Rood Rd
Sinclairville, NY 14782-
Facility: Lebaron Gravel Mine
Ne Of Cook Rd/Rood Rd Intersection
Charlotte, NY -
Application ID: 9-0626-00056/00002
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Charlotte, Chautauqua County
Project Description:
The applicant proposes the mining of sand and gravel and material processing with a portable dry-screen that has a maximum capacity of less than 150 tons per hour, on 13.7 acres of land.  The estimated life of the mine is 10 years and the reclamation objective is agriculture.  The site is east of Rood Road (Chautauqua County Route 77) and north of Cook Road.  The mine haul road is proposed to access Cook Road about 450 feet east of Rood Road.  
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 Aug 9 2002.
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

Applicant: Kelly G Waggoner
1264 Big Tree Road
Jamestown, NY 14701-
Facility: Waggoner Property
East Of Rte. 20, North Of Riverside Road
Kiantone, NY 14701-
Application ID: 9-0650-00036/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Kiantone, Chautauqua County
Project Description:
The applicant proposes to construct open water wetland habitat in New York State Freshwater Wetland JA-4 consisting of an approximately 100 foot by 200 foot pothole with an irregular bottom approximately four feet deep. The excavated material will be used for a two foot berm surrounding the pothole. Trees 8 inches or larger wil be left standing. The project is located on the east side of Route 62 approximately 4,000 feet north of Riverside Road in the Town of Kiantone.
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 Jul 26 2002.
Contact: Penny R Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
prdempse@gw.dec.state.ny.us

Erie County
Applicant: County Line Stone Co Inc
4515 Crittenden Road
Akron, NY 14001-
Facility: County Line Stone Co. Akron Quarry
County Line Rd South Of Schurr Rd
Akron, NY 14001-
Application ID: 9-1456-00004/00013
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 23 Title 27 Mined Land Reclamation
Article 15 Title 5 Stream Disturbance
Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Newstead, Erie County
Project Description:
The proposal is a 156.8 acre expansion of an existing 234 acre limestone quarry.  Additionally, an 11.8 acre area within the quarry, which was previously mined prior to April 1, 1975, is proposed for further mining.  The limestone is used for agricultural lime, concrete aggregate and asphalt pavement.  As part of this action, the existing mine and expansion area would be mined to a depth of 111 feet near the north end and 150 feet near the south end; up to 110 feet deeper than the existing 40 to 50 foot mining depth.  The existing quarry is located in the Town of Newstead west of County Line Road, east of Crittenden Road and south of Schurr Road.  The proposed horizontal expansion area is to the north of Schurr Road and south of the New York State Thruway 190.  It is planned that Schurr Road be abandoned by the Town of Newstead and mined through by quarry activity.  There are existing utilities (brine lines, a fiber optic cable, a power line and a petroleum pipeline), which cross the expansion area and the applicant is negotiating with easement owners to relocate the lines to allow for the mine expansion.  The proposed project will impact approximately 11.2± acres of State Regulated Freshwater Wetlands CR-29 and CR-30 (Class 3) which are located to the east of Crittenden Road and south of the NYS Thruway Rt. I-90.  As part of the wetland mitigation plan, a depleted sand and gravel pit, formerly operated by Pine Hill Materials Corp., and located northeast of the intersection of Siehl and Crittenden Roads, will be developed into a 13.98 acre created wetland to be associated with 35 acres of protected upland at that location.  Under the wetland mitigation plan, there will also be 9 acres of wetland enhancement and 168 acres of wetland protection. Additionally, a trash rack would be constructed in Dorsch Creek upstream of Crittenden Road.  At the end of the projectís assumed 75 year life, the mine will be reclaimed as two connected lakes totaling about 300 acres.

The Department has prepared a Draft State Pollutant Discharge Permit, SPDES No. NY0002914, and made a tentative determination to approve this application for modification of an existing discharge of 4.0 million gallons per day (MGD) average and 14.0 MGD Maximum of stormwater to Dorsch Creek, Class C(T), a protected trout stream.

The NYS Department of Environmental Conservation, as Lead Agency, has accepted a Draft Environmental Impact Statement (DEIS) for the County Line Stone Co.,Inc., Akron Quarry Expansion.  Complete DEIS and application packages are available for review at the NYS Department of Environmental Conservation Office at 270 Michigan Avenue, Buffalo, New York 14203 (contact person listed below) and at the Departmentís Allegany Sub-Office located at 182 East Union Street, Allegany, New York 14706 (contact Mr. Michael Meyers, telephone 716/372-0645).  Copies can also be inspected during business hours at the Town of Newstead, Town Hall in Akron and the Akron Denio Library, 33 Main Street, Akron, NY, open on Monday and Wednesdays from 10 A.M. - 8 P.M., Tuesday 10A.M. - 6 P.M. and Friday 10 A.M. - 5P.M., while appointments can be made to view the documents at County Line Stone, 4515 Crittenden Road, during business hours by contacting Mr. Bruce Buyers at 716/542-5435.

Further information is available in a Notice of Acceptance of Draft Environmental Impact Statement which can be found at the following location:
http://www.dec.state.ny.us/website/enb2002/20020710/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: 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 Aug 12 2002.
Contact: Michael J McMurray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mjmcmurr@gw.dec.state.ny.us

Applicant: Markar Products Inc
68 Ward Road
Getzville, NY 14068-
Facility: Markar Architectural Products Inc
3345 North Benzing Rd
Orchard Park, NY 14127-
Application ID: 9-1460-00116/00003
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Orchard Park, Erie County
Project Description:
The Markar Architectural Products, Inc. facility fabricates commercial metal door components.  Processes used include metal cutting and welding (exempt activities) and application of paints.  The applicant has made application to the Department for emission limits greater than current limitations but less than major source thresholds.  These emissions are within the limits regulated under this statute and the Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the Environmental Conservation Law and has made a tentative determination to approve this application. The draft permit includes the following federally enforceable limits which restrict or cap emissions in order to avoid the requirement to obtain a Title V facility permit: 9 tons per year (tpy) of volatile organic compounds; 24 tpy any combination of Hazardous Air Pollutants (HAPS); and 9 tpy any individual HAP.  As a tentative determination, the Department seeks comments prior to making a final decision on permit issuance.  The application, draft permit and regulations are available for review during business hours at the DEC office provided in this notice.          
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 Aug 9 2002.
Contact: Charles D Cranston
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
cdcranst@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals