Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 09/18/2002

Erie County
Applicant: P & R Casilio Enterprises Inc
2457 Wehrle Drive
Williamsville, NY 14221-7141
Facility: Peter Casilio Property
9170 Thompsonwood Drive
Clarence, NY 14031-
Application ID: 9-1432-00276/00003
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Clarence, Erie County
Project Description:
The applicant proposes to fill in .28 acre of NYS Freshwater Wetland CC-13 for the construction of a home at 9170 Thompsonwood Drive.  Approximately 3350 cubic yards of fill will be used for the house and driveway, yard and septic system.  Mitigation of .36 acre of varied wetland habitat will be created on site for the filling of the wetland and its 100 foot adjacent area.
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 Oct 4 2002.
Contact: Penny R Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
prdempse@gw.dec.state.ny.us

Niagara County
Applicant: Vanchlor Co Inc
555 W. Jackson St
Lockport, NY 14094-2323
Facility: Vanchlor Co
555 W Jackson St
Lockport, NY 14094-
Application ID: 9-2909-00049/00003
Permit(s) Applied for: Article 27 TItle 9 Resource Conservation and Recovery Act
Project is Located: Lockport, Niagara County
Project Description:
NOTICE OF COMPLETE APPLICATION
NOTICE OF AVAILABILITY OF DRAFT PERMITS
NOTICE OF PUBLIC COMMENT PERIOD
NOTICE OF PROPOSED FINAL REMEDY TO ADDRESS SITE CONTAMINATION

PROJECT SUMMARY AND LOCATION

The New York State Department of Environmental Conservation (NYSDEC) has reviewed the hazardous waste management permit applications submitted by the applicant and has made a tentative determination to issue a 6 NYCRR Part 373 Permit EPA No. NYD991290529 and proposes a final remedy to address site contamination at the facility.  The Draft Permit for the project has been prepared and is available for public comment until October 14, 2002.

From 1957 to 1982, Van De Mark Chemical Co., Inc. (former owner and permittee) disposed of chemical waste by-products (resultant from its silicon tetrachloride production) into a 2.5 acre landfill located between Eighteen Mile Creek and Mill Street (west of Transit Road) in the City of Lockport, Niagara County.  The landfill was closed in 1988, in accordance with its NYSDEC approved closure plan.  The closure included installation of a cover system designed to minimize erosion and improve the appearance of the area.  In 2000, ownership of the landfill transferred from Van De Mark Chemical Co., Inc. to Vanchlor Co., Inc.  

TENTATIVE DETERMINATION

After review of the permit application, the Department has found it to be complete. Based upon the complete application, the Department has made a tentative determination to issue a 6 NYCRR Part 373 Permit to the facility for post-closure care of the closed hazardous waste disposal facility (landfill) and has prepared a Draft Permit pursuant to the regulations in 6 NYCRR Part 373-2 (Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities).

The Draft Permit also requires the applicant to monitor, maintain and inspect the closed hazardous waste landfill and provide adequate financial assurance for these activities during the remainder of the post-closure period.  In addition, property deed and access restriction will be imposed.  These actions constitute the proposed final corrective action remedy.

Pursuant to Part 617 of the New York State regulations for Article 8 [the State Environmental Quality Review Act (SEQR)], NYSDEC has determined that the proposed action, described above, constitutes maintenance of an existing facility and, therefore, is a Type II action.  (Such actions by definition are not subject to SEQR determinations of environmental significance.)

DOCUMENT AVAILABILITY

Copies of the Draft Permit, Fact Sheet and Statement of Basis are available for inspection at the:

Dept. of Environmental Conservation            Dept. of Environmental Conservation
Region 9 Regulatory Services                    Bureau of Hazardous Compliance &
270 Michigan Avenue                         Land Management
Buffalo, New York 14203-2999                625 Broadway
Contact Person: Michael McMurray                Albany, New York 12233
Telephone: 716/851-7165                    Contact Person: Larry Thomas
                                 Telephone: 518/402-8594

                        and

                    Lockport Public Library
                    23 East Avenue
                    Lockport, New York 14094

A copy of the Fact Sheet and Statement of Basis, which summarizes the permitting and corrective action process, may be obtained by contacting the aforementioned Department contact persons located in Albany and Buffalo.

HOW TO PROVIDE YOUR COMMENTS

All comments will be considered in making the final decision about issuance of the permit.  Should the NYSDEC decide to approve the permit, a response to any comments submitted will be issued which will identify any changes from the draft version of the permit and will describe and respond to the issues raised.  A notice of decision will be sent to each person who submits written comments or who requests a public hearing.


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 Nov 4 2002.
Contact: Michael J McMurray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
mjmcmurr@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals