ENB Region 9 Completed Applications 01/21/2004

The applicant proposes to periodically skim and remove approximately 10 cubic yards of gravel from a bar along 50 linear feet of Leonard Brook at the Old Route 219 bridge to improve flow.  The project site is located along Leonard Brook at Old Route 219, at the northeast corner of the intersection of Old Route 219 and Leonard Run Road, just north of the Village of Limestone.

The applicant proposes to change the reclamation objective and plan from agriculture to a wildlife habitat complex on the 146.6 acres of the mine that are located on the north and east side of Cattaraugus County Route 21 and west of County Route 73.  The objective is to create a warm season grass savannah capable of establishing and supporting a population of Karner blue butterfly, a chestnut/oak forest, wet meadow, emergent and submergent wetlands, shrub/scrub edge zones for neotropical songbird habitat and a parking area for public trout fishing access to Elton Creek.  The remainder of the mine that is west of County Route 21 is not included in this modification.

The proposal is for establishment  of the Town of Aurora Water Improvement Area No. 5 and the taking of a supply of water in amounts estimated to average 25,800 gallons per day. Water is to be taken from surplus of the Village of East Aurora through a connection with Town of Aurora Water District No. 6. The Village of East Aurora in turn receives its water as a bulk customer from the Erie County Water Authority. Maximum daily demand is estimated at 51,600 gallons per day. This new water district will serve a total of 90 parcels along Hubbard Road, Underhill Road and Sweet Road in the Town of Aurora. The project includes the installation of approximately 12,800 linear feet of eight inch watermain, 25 fire hydrants and related appurtenances. Application materials and documents in support of the request for a permit can be reviewed at the regional office in Buffalo. Comments both for and against the project should be submitted by the comment date listed in this notice.

The applicant proposes to dredge approximately 700 linear feet of a tributary of the Niagara River, removing approximately 350 cubic yards of sediment.  The dredging site is located at 751 East River Road in the Town of Grand Island.

Creation of a hydrological connection in the form of a meandering wetland swale to correct the excessive amount of water that currently lies within the constructed Spring Marsh Consolidated Mitigation Site (SMCMS).   The swale will connect the existing mitigation area to an unnamed tributary of Ledge Creek that lies in the extreme southern portion of the site, in an effort to lower the water level in the mitigation area.  As an additional measure for the loss of the functions and values to the created wetland, additional wetland area will be created as compensation.  The proposed wetland swale along with the additional wetland creation area totals 1.22 acres of wetland area.  The proposed wetland area is 0.71 acre and is proposed as a shallow emergent/wet meadow habitat.  The proposed work will impact 0.252 acre of Federal jurisdictional wetland and 0.053 acre of the regulated 100 foot wide adjacent area of the WO-44 Wetland.  The WO-44 Wetland is a class II wetland.  The SMCMS is located on the south side of Koepsel Road midway between Maple Road (NYS Route 93) and Cedar Street.

The applicant proposes to construct a stormwater basin located adjacent to a freshwater wetland.  The project, phase 3A of the Birdsong Subdivision, is located north of Jewett Holmwood Road in the Town of Orchard Park, Erie County.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of the facility-wide Title V Permit for the General Motors Corporation Tonawanda Engine Plant.  In accordance with 40CFR Part 64, a permit condition requiring compliance assurance monitoring has been added to the permit.  This permit condition, applicable upon renewal, is required for the operation of two 585 horsepower, natural gas fired engines with catalytic converters for the control of Nitrogen Oxide emissions.  The previous permit for this facility allowed the construction and operation of the engines and included monitoring that met the requirements of 40CFR Part 64.

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