ENB Region 9 Completed Applications 08/27/2003

The applicant proposes to mine gravel from gravel bars located in Phillips Creek on the property of John Winterhalter (approximately 1.10 acres).  No storage, stockpiling or processing of material will occur on-site.  The property site is located between Greenwich Street bridge and the Genesee River, in the Village of Belmont.

The applicant proposes to correct severe erosion of a 120 foot high bank on Elton Creek at the mouth of  Stone Quarry Creek with stream bed realignment, gravel removal,  and the installation of bend-way wiers, one grade stabilizer and a railroad tie revetment.  The project site is located in Stone Quarry Creek from County Road 21 bridge to its mouth and in Elton Creek, approximately 400 feet upstream to 400 feet downstream from Stone Quarry Creek mouth.

The applicant proposes to skim and remove approximately 425 cubic yards of gravel from two gravel bars along a total of 300 linear feet of Great Valley Creek.  The site is at the applicant's Klawitter Road camp grounds.

The applicant proposes installation of a complete water supply and distribution system to serve a newly created Town of Eden Water District No. 4 and Water Improvement Area 4 and the taking of a supply of water in amounts estimated to average 68,000 gallons per day (20 year projected demand) from facilities of the Erie County Water Authority. Water District No. 4 will serve 173 parcels along Sandrock, Kulp, Jennings, Paxon and Wepax Roads. Water Improvement Area 4 will serve 6 parcels on Gary Drive. The project includes installation of approximately 32,000 feet of water main and related appurtenances and a 150,000 gallon storage tank.

The applicant proposes to modify the existing 6NYCRR Part 360 Solid Waste Permit for the Modern Landfill by increasing the approved design capacity (waste acceptance rate) from 2636 tons per day to 3493 tons per day.  Modern Landfill is located northeast of the intersection of Pletcher and Harold Roads in the Town of Lewiston, Niagara County. The requested modification will not change size or configuration of the approved landfill.         

The New York State Department of Environmental Conservation (DEC) has prepared a Draft 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 proposed modification of the facility-wide Title V Permit. The draft permit will allow the facility to accept up to 815,000 tons per year of solid waste (formerly 615,000 tons per year).  Modern Landfill, Inc. sanitary landfill operation is located at Pletcher and Harold Roads at Model City, in the Town of Lewiston, Niagara County, New York.  There are four emission units at the facility: 1-LFGAS- described as landfilling activities, which includes two enclosed flares to combust landfill gas from presently permitted landfill operations; 2-LEACH- described as leachate storage and handling; 3-CDDEB- described as construction and demolition debris processing; and 4-TIRES- described as tire processing, shredding and reclamation.  The draft permit contains Federally enforceable limits for oxides of nitrogen (NOx) and volatile organic compounds (VOC) below 100 tons per year and 50 tons per year, respectively, to avoid applicability of New Source Review (NSR) regulated under 6NYCRR Part 231-2.  Also, a federally enforceable emission limit for carbon monoxide (CO) will be established below 250 tons per year to avoid applicability of Prevention of Significant Deterioration (PSD) regulated under 40 CFR 52.21 subpart A. No other changes to the existing facility operations are proposed.  In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency 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 of 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 4:45pm), 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 information on 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 DEC representative listed below.  An adjudicatory public hearing is a trial like proceeding, which provides the opportunity for adjudication on the basis of evidence, including direct sworn testimony and cross examination.  An adjudicatory hearing is held only if it is determined that substantive and significant issues exist relating to any findings or determinations the DEC is required to make pursuant to the ECL.  A copy of the DEC’s permit hearing procedures is available upon request or on the DEC web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.. Further information on the proposed modification is available in the Notice of Complete Application for modification of the facility’s 6NYCRR Part 360, Solid Waste Management Facilities Permit in this edition of the ENB.