ENB Region 9 Completed Applications 11/19/2003

The applicant proposes a variable discharge of untreated stormwater runoff from their warehouse and office buildings to an unnamed tributary of Big Six Mile Creek, a Class D waterbody, at the applicant's facility located at 3175 Staley Road in the Town of Grand Island.  This existing outfall for stormwater was formerly regulated by the Town of Grand Island. The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System Permit under Article 17 of the Environmental Conservation Law. The 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.  As such, this tentative determination does not signify Department approval for or endosement of the activity for which a permit is sought or for the overall proposed project. Refer to this application by application number listed above and SPDES Number NY0000400.

Excavation of a 50 foot by 100 foot pond with a maximum depth of 12 feet in the TW-23 Wetland in conjunction with residential development on Lots 3 and 4.   The residential development consists of the construction of a 35 foot by 45 foot house and a 30 foot by 36 foot garage with a driveway within 200 feet of East River Road.  The residential development was previously authorized by DEC Permit No. 9-1446-00140/00001. However, excavation of the pond was not included with the previously authorized residential development.  Soil material excavated from the pond is to be deposited on Lots 3 and 4 within 200 feet of East River Road.  Lots 3 and 4 are located at 5400 East River Road.  The TW-23 wetland is a class II wetland.

The applicant proposes to relocate a 200 foot long gravel bed from the easterly side of the South Branch of Eighteenmile Creek to the westerly side to help return the stream to its normal course and eliminate flooding.  Application materials are available for public review and comment at the Department's Region 9 office.