ENB Region 8 Completed Applications 01/28/2004

The applicant proposes to build a 12' x 16' shed and 20' x 40' concrete pad with driveway on his property located in the Town of Conesus, Livingston County.  The project is in the adjacent area of the Class I freshwater wetland, CO-1.

The application is available for review at the Region 8 office located at 6274 East Avon - Lima Rd., Avon.

The applicant is developing a subdivision called Coastal View, which will be composed of 35 townhouse units and 88 single family residential lots on an 84.4 acre property adjacent to Lake Ontario. The Coastal View subdivision is located on the north side of Lake Road, approximately 700 feet east of the intersection with Phillips Road. The subdivision is located within the Town of Webster’s Local Waterfront Revitalization (LWR) Area and has received site plan approval approval from the Town and it is consistent with the Town’s adopted LWR Program.

Portions of the development adjacent to Lake Ontario are regulated by the state Coastal Erosion Management regulations. The most prominent regulated coastal feature area are bluffs, a natural protective feature, whose landward boundary extends 25 feet landward from the bluff’s crest. All activities occurring from the bluff’s  landward boundary to Lake Ontario are regulated under the Coastal Erosion Management regulations. The applicant has proposed several activities within the regulated area, including: (1) Construct a single common stairway  leading down the bluff to provide access for homeowners to the Lake Ontario shore. The lowest section of the stairway will be retractable at lake shore and maintained by the Homeowner’s Association. (2) Minor grading along top of bluff, including: (a) removal of bluff overhang,  where overhangs present a safety concern; and (b) filling several existing bluff gullies resulting from erosion caused by surface runoff  flowing over the face of the bluff, and (c) grading to direct water drainage away from the bluff.The disturbed bluff areas will be revegetated with deep rooted woody vegetation and erosion control ground cover. (3) Selective vegetation removal,within the regulated area of the top of bluff and 25 feet landward,  to remove diseased, dead and overhanging trees, along with vines, that are choking desired trees, and other undesirable underbrush. The applicant has developed a Vegetation Maintenance and Management Plan which outlines the methods to be followed in the selective vegetation removal and vegetation maintenance. While the vegetation plan will also provide views of  Lake Ontario for the subdivision residents, the applicant is also interested in removing as few trees as possible because the wooded areas will enhance the lakeside lots. Variances from Coastal Erosion Management regulations will be required for some of the proposed activities and justifications for the variances have been submitted with the application.

Approximately 32 single family residences and 25 townhouses will be constructed adjacent to, but outside of,  the regulated area.. A Homeowner’s Association is proposed to restrict activities of homeowners, whose lots contain a portion of the regulated Coastal Erosion Hazard Area, and require adherence to the Vegetation Maintenance and Management Plan. The Homeowners Association Agreement includes detailed restrictions under a section, entitled Use and Maintenance of Bluff Areas. Individual property survey maps will depict regulated area limits and these will be described in the deed.The property deed will also be  accompanied by a restrictive covenant describing the Coastal Erosion Hazard Area and notifying the property owner that the area within 25 feet of the top of the bluff will be regulated by the Homeowner’s Association and left in its natural state in accordance with the Vegetation Maintenance and Management Plan.

To review the application and other supporting documents, which are available at DEC's Region 8 Office, please contact the contact person identified below.

An application has been received by the Department for a modification to the existing Title V Air Facility permit and Part 360 Solid Waste Management Facility permit for the Ontario County Landfill located on Route 5 & 20 in the Town of Seneca.  The applicant proposes a 41 acre  expansion of the Ontario County Landfill, comprised of two closed landfills, and the active Phase III landfill.  Construction of the landfill expansion will take place in four stages and includes 16.9 acres that have been previously permitted for development as part of the original landfill footprint.  This project will involve the construction and operation of a double composite liner system, a leachate collection system and a leachate and groundwater removal system.  The landfill gas control system will be expanded into the newly developed areas continuing the use of horizontal and vertical extraction wells.  Control devices include a 500 cfm flare and a 1000 cfm flare to be used as back up when the Ontario County Landfill Gas to Energy Facility is not operational.  

Regulated contaminants at this facility under the Title V permit include methane, non-methane organic carbons, carbon monoxide, oxides of nitrogen, total hazardous air pollutants and particulates.  The applicant proposes to include federally enforceable permit conditions which will limit or cap emissions of Carbon Monoxide (CO) below 250 tons per year (Prevention of Significant Deterioration threshold under 40CFR 52.21) and emissions of Oxides of Nitrogen (NOx) below 100 tons per year (New Source Review threshold under 6 NYCRR Part 231).  Stack testing will be completed within 180 days of permit issuance or within 180 days of completion of construction/installation and startup of a new type of combustion source to develop emission factors to calculate monthly emissions.  

This project also involves filling 1.08 acres of federal wetland and relocation of an intermittent tributary to Flint Creek for which a 401 Water Quality Certification pursuant to the federal Clean Water Act will be required.  Comments must be received within the thirty day period ending on the last filing date indicated.  The Department has prepared a Draft Permit and has made a tentative determination to approve this application.  The Title V Facility and Part 360 applications and the draft Title V Facility permit are available for review at the Region 8 Avon office.  The Permit Review Report for the Title V Draft Permit is available on the Department website at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html.  The Department may modify the draft permit based on significant or important information raised during the comment period.  Following the 30 day comment period, the US EPA will have an additional 45 days to review the draft or modified draft permit.  If the US EPA does not raise any objections during this period, the Department may issue the final draft permit as a Title V permit.

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 try 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 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 a decision on the basis of evidence, including direct testimony and cross examination.  An adjudicatory hearing is held only if substantive and significant isues relating to any findings ordeterminations 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 website at http://www.dec.state.ny.us/website/ohms/gudph1.htm.