ENB Region 9 Completed Applications 03/26/2003

The applicant proposes to mine sand and gravel with material processing by a portable dry-screen that has a maximum capacity less than 150 tons per hour, affecting 5.7 acres of land (5 acre mine; 0.7 acre haul road) out of 58.3 acres owned at the site.  The estimated life of the mine is 10 years and the reclamation objective is meadow.  The mine site is approximately 1,200 feet west of NYS Route 353 and 1 mile north from Woodworth Hollow Road.  The haul road is an existing farm road that will provide access from Route 353 approximately 1800 feet southeast from the intersection of Baker Road with Route 353.

The applicant proposes a 6.48 acre addition to the Merle Goot Gravel Mine, previously approved for 10.2 acres.  Additionally, a sediment basin complex will be installed to prevent silty runoff from moving off-site.   No other mining operation changes are proposed.  No change in the reclamation objective (agriculture) is proposed.   The Merle Goot Gravel Mine is located 1200 feet north of Barnard Road and 1,000 feet east of Barnum Road.  The expansion area is contiguous with the west and north boundaries of the current mine.

     

The applicant proposes to increase the average daily quanity of waste received at the landfill from 1,376 to 1,600 tons per day, about 16%.   This increase of "design capacity" will provide the County greater operating flexibility to handle fluctuations in the quantities of materials received.   The applicant maintains it already has sufficient equipment and manpower to handle the proposed increase.  The higher disposal rate will increase the thru traffic at the site but not change the hours of operation.  

The Department has made a tentative determination to approve this increased rate of waste receipt since the proposed action is considered to satisfy regulatory standards for permit issuance, based on the 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 applicant proposes to create a one acre emergent marsh by constructing a low berm within the regulated 100 foot adjacent area of a Class II freshwater wetland identified as CH-4. The berm would be100 feet long, three feet high and impound water in an area one acre in size. The intent is to provide pair pond and brood habitat for waterfowl and vernal pool habitat for amphibians. The project would be implemented through the US Fish & Wildlife Service's Partners for Fish and Wildlife Program. The site located 1500 feet west of the intersection of Bayview and Walker Roads and 600 feet north of Walker Road.

The applicant proposes a wetland restoration project within a federal easement established by the Wetland Reserve Program. The program is administered by the Natural Resources Conservation Service. Two potholes would be excavated to provide open water habitat for migratory waterfowl. Spoil from the excavation would be used to provide a seed bed for disturbed areas and microtopography around the potholes. The project is within a Class I freshwater wetland  (EC-2) that Casssadaga Creek flows through.  The site is located a mile southwest of the intersection of Terry Road and Route 60.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for permit modification.  AES Somerset, LLC, located at 7725 Lake Road in the Town of Somerset is a 675 megawatt (MW) electric generating facility originally permitted and operating under the subpart Da New Source Performance Standards.  The facility combusts coal and petcoke as the primary fuels.  The coal may contain a latex dust suppressant as supplied.  Associated with the boiler is a coal handling system (unloading + petroleum coke conveying etc.), No. 2 or kerosene oil system (tanks and piping) used for startup and flame stabilization, limestone handling system (unloading and conveying etc.), and other miscellaneous sources and activities related to the operation of an electric generating station.  This permit is a minor modification of the existing Prevention of Significant Deterioration (PSD) and Title V permits to allow combustion of up to a maximum of 30% by weight petroleum coke in combination with coal in the main boiler, emission source B0001.  In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) 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 6NYCRR 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 Environmental Conservation Law 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