Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 09/04/2002

Allegany County
Applicant: James A Senefelder
2701B Rt 305
PO Box 149
West Clarksville, NY 14786-0149
Facility: Clayton Burger Property
2701 Route 305
Clarksville, NY 14813-
Application ID: 9-0246-00034/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Clarksville, Allegany County
Project Description:
The applicant proposes to perform stream bank stabilization along two reaches of Dodge Creek: Reach 1 - install rock rip rap along 150 lineal feet of eroded streambank.   Reach 2 -  Fill and shape 100 lineal feet of eroded streambank using material removed from a gravel bar at the same location.  The applicant also proposes to remove some old bridge girders that have partially fallen into the creek.   The project is located at 2701 Route 305, approximately 2600  feet southwest of the intersection of Route 305 and Hoyett  Road on property owned by Clayton A. Burger.

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 20 2002.
Contact: Mary E Hohmann
NYSDEC Region 9 Allegany Sub-Office
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
mehohman@gw.dec.state.ny.us

Erie County
Applicant: General Mills Inc
PO Box 1113
Minneapolis, MN 55440-1113
Facility: General Mills Operations Inc
54 South Michigan Avenue
Buffalo, NY 14203-
Application ID: 9-1402-00565/00175
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Buffalo, Erie County
Project Description:
The Department has drafted a 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 application for the modification of General Mills' existing permit for the Flour Plant.  This will consist of the construction and operation of a new bulk flour delivery system.  A Prevention of Significant Deterioration of air quality (PSD) applicability determination has shown that this modification will result in a significant net emissions increase in PM-10.  To avoid the requirements of PSD, General Mills has chosen to limit the potential to emit PM-10 from this source to less than 14.5 tons on a rolling 12-month basis.  This will be accomplished by the installation and operation of a KICE S100-10 fabric filter prior to exhaust.  This control device must be calibrated and maintained to ensure 99% removal efficiency specified by the manufacturer and must be used anytime that Process 68G is operating.  Additional limits to avoid PSD include a 3.3 lb/hr mass emission limit for PM-10 and an in-stack limit on PM-10 concentration of 0.03 grains per dry standard cubic foot at a flowrate of 11,400 standard cubic feet per minute.  This new source is also subject to the requirements of 6 NYCRR Part 212 for particulate emissions.  The modified Title V Permit specifies special operating/monitoring conditions, record keeping and reporting required to verify compliance with applicable requirements.    
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 applicable requirements of the Clean Air Act or 6 NYCRR Part 201.
Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below.  It is recommended that an appointment be made to confirm the availability of the subject files.  The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.
DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing.  A public hearing may be legislative or adjudicatory.  A legislative public hearing is a proceeding which provides an additional opportunity for public comment.  DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists.  If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments.  The applicant and all persons who  have filed comments on the permit will be notified by mail of the public hearing.  Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.
An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination.  An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the ECL exist.  A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm
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 located in a Coastal Management area and is 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 Oct 7 2002.
Contact: Jeffrey E Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
jedietz@gw.dec.state.ny.us

Applicant: Tim Rickettson
S 7577 Olean Road
Holland, NY 14080-
Facility: Rickettson Property
S 7577 Olean Road
Holland, NY 14080-
Application ID: 9-1450-00068/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Holland, Erie County
Project Description:
The applicant proposes to remove approximately 680 cubic yards of gravel from a 250 foot long gravel bar on the East Branch of Cazenovia Creek. The project which is located approximately 2,000 feet north of North Canada Street is intended to reduce stream bank erosion in the area of the gravel bar. The application and materials submitted in support of the application are available for public review and comment at the regional office during normal business hours.
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 20 2002.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
deborsch@gw.dec.state.ny.us

Niagara County
Applicant: Niagara Falls - C
745 Main St City Hall
Niagara Falls, NY 14302-
Facility: Niagara Falls STP
1200 Buffalo Ave
Niagara Falls, NY 14302-
Application ID: 9-2911-00056/00004
Permit(s) Applied for: Article 17 Titles 7 & 8 Municipal SPDES
Project is Located: Niagara Falls, Niagara County
Project Description:
The Department has prepared a draft permit, a five page narrative describing proposed changes to the current permit, a nine page updated  fact sheet presentation of permit limit derivation and made a tentative determination to modify the current SPDES Permit, No. NY- 0026336, for the treated discharge of municipal wastewater from the City of Niagara Falls Wastewater Treatment Plant, located at 1200 Buffalo Avenue, Niagara Falls, NY. This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.   The draft permit was developed in accordance with the Department’s Environmental Benefit Permit Strategy (EBPS) and uses, in part, information supplied in December 1997 by the City. The EBPS priority ranking score for this modification is 178 points.
The proposed modification has been written on newly formatted permit pages and includes the following components: Pretreatment Program Implementation Requirements; updated Combined and Sanitary Sewer Overflow (CSO & SSO)  Best Management Practices (BMP), including fifteen BMP’s which are consistent with EPA’s Nine Minimum Controls and a requirement for developing a long term control plan for the CSO’s; a compliance schedule which provides for the control, maintenance, and abatement/elimination of SSO’s.  Specific pollutants have been deleted from, or added to the permit , or ( in the case of toxic parameters)  been identified for more intensive monitoring based on the City’s application or monitoring.  The permit also requires development of a stormwater pollution prevention plan.
The Niagara Falls treatment plant is a physical-chemical treatment facility which utilizes granular activated carbon beds to treat about 35 million gallons per day(mgd) of wastewater of which about 5 mgd is from significant industrial users. It discharges primarily to the Niagara River, a class A-Special receiving stream via the Adams Tailrace Tunnel.  During precipitation events, when storm water enters the sewers, the capacity of the sewer system may be exceeded and overflow discharges may result at other varrious locations which are listed in the permit.
    
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 Oct 7 2002.
Contact: Richard P Sweeney
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165

Wyoming County
Applicant: Daniel Albro
7062 Albro Rd
Bliss, NY 14024-
Facility: Albro Property
Albro Road At Wiscoy Creek
Pike, NY 14130-
Application ID: 9-5644-00034/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Pike, Wyoming County
Project Description:
The applicant proposes to repair 125 feet of eroded streambank and remove a large willow tree which has fallen in Wiscoy Creek near Albro Road. Riprap and fill material will be used to fill the eroded streambank with fill material from a stockpile on the applicant's property. The willow tree and other trees will be cabled into the bank as a tree revetment. The project is located off Route 39 east of Pike.
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 20 2002.
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