Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 10/29/2003

Erie County

Applicant: NYS Dept of Correctional Services
Building 2 - State Office Building Campus
Albany, NY 12226
Facility: NYS Wende Correctional Facility
Wende Rd
Alden, NY 14004
Application ID: 9-1420-00021/00001
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Alden, Erie County
Project Description:
The Department has prepared a draft Air State Facility Permit and made a tentative determination to issue a permit for the operation of four dual fuel (natural gas and No. 2 fuel oil) boilers totaling 60.68 million Btu/hr heat input, each of which have heat input ratings of less than 20 million Btu/hr. The boilers which are used for heating and were installed in June 1987 are not subject to 40 CFR 60 Subpart Dc, New Source Performance Standards. The facility also has three diesel-powered emergency generators included in the Coordinated Demand Reduction Program (CDRP).Two of the generators (rated at 671 and 2213 horsepower) which were previously exempt from permitting per 6 NYCRR Part 201-3.2(c)(6) are no longer exempt because they can now be used to provide peak shaving generation to the electric utility grid. The third generator, rated at 335 horsepower, is exempt from permitting per 6 NYCRR Part 201-3.2(c)(3)(ii) which exempts diesel powered internal combustion engines rated at less than 400 horsepower, even though it is included in the CDRP. By accepting a limit on sulfur dioxide emissions of 95 tons per year, which is less than the major source threshold of 100 tons per year, the facility is exempt from the requirements of 6 NYCRR Subpart 201-6, Title V Facility Permits. The facility is also exempt from 40 CFR 52.21, Subpart A, Prevention of Significant Deterioration requirements since the accepted limit of 95 tons is below the 200 ton per year limit in the federal regulations. The facility is subject to the sulfur in fuel limit per 6 NYCRR Part 225-1.2(d) and the opacity limits in 6 NYCRR Part 227-1.3. The application, draft permit, relevant supporting materials and regulations are available for review during normal business hours at the NYS Department of Environmental Conservation office listed in this notice. Comments of support or objection may be made by filing a written statement by the deadline date 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:
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 Nov 28 2003.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
deborsch@gw.dec.state.ny.us

Applicant: Ciminelli Development Co
350 Essjay Rd Suite 101
Williamsville, NY 14221 -8200
Facility: Aero Drive Industrial Park
Scott Place and Aero Drive
Cheektowaga, NY
Application ID: 9-1430-00233/00015
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Cheektowaga, Erie County
Project Description:
The applicant proposes to restore 0.84 acres of Federally regulated wetland adjacent to Aero Creek and Scott Place by fill removal and replanting to satisfy a violation for the unauthorized discharge of fill into that wetland.  As additional mitigation, it is proposed to create 0.27 acres of new wetland on the property.  The wetland restoration and creation activities will be performed within the 100 foot wide adjacent area of NYSDEC regulated Wetland LA-5.  Application materials are available for public review and comment at the NYSDEC Region 9 office.
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:
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 Nov 14 2003.
Contact: Denise C Matthews
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165

Niagara County

Applicant: Town of Wilson
375 Lake Rd
Wilson, NY 14172 -9510
Facility: West Branch Twelve Mile Creek
Mouth of Twelve Mile Creek
Wilson, NY 14172
Application ID: 9-2942-00125/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Article 34 Coastal Erosion Management
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Excavation & Fill in Navigable Waters
Project is Located: Wilson, Niagara County
Project Description:
The applicant proposes to perform periodic gravel excavation from the mouth of the West Branch of Twelve Mile Creek (not to exceed 1,500 cubic yards annually) to maintain a 50 foot wide channel for safe boat access and to eliminate stagnation and pollution caused by improper flowage due to littoral drift sand and gravel bar accumulation.  Application materials are available for public review and comment at the Department's Region 9 office.
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:
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 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 Nov 13 2003.
Contact: Steven J Doleski
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
sjdolesk@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals