ENB - REGION 9 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice Of Extension Of The Public Comment Period And An Additional Public Hearing

THE DRAFT HAZARDOUS WASTE FACILITY SITING PLAN AND ASSOCIATED DRAFT GENERIC EIS

The New York State Department of Environmental Conservation (Department) has prepared a draft Hazardous Waste Facility Siting Plan, pursuant to Chapter 618 of the New York Laws of 1987 and Environmental Conservation Law (ECL) 27-1102.

The Siting Plan is to be used as guidance by any hazardous waste facility siting board reviewing proposals for siting certain new or expanded hazardous waste management facilities within New York State and for Department and other State government agencies to use to assure the availability of sufficient hazardous waste facility capacity.

Due to cancellation of the March 16, 2004 hearing due to weather, an additional legislative public hearing to receive comments from the public on the draft Siting Plan and the draft generic EIS will be held at:

Lewiston-Porter Senior High School Auditorium 4061 Creek Road Youngstown, NY 14174 (716) 754-8281 Thursday, May 6, 2004 6:00 p.m.

The hearing location is reasonably accessible to the mobility-impaired. Interpreter services can be made available to the hearing-impaired at no charge, upon request to the Department within a reasonable time period prior to the hearings.

All persons, organizations, corporations or government agencies, etc., which may be affected by the proposed Siting Plan are invited to attend the hearing and to submit either written or oral statements. The hearing session will continue until all persons wishing to make statements have been heard. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Lengthy statements should be submitted in writing and summarized for oral presentation. Written statements received prior to the close of the public comment period and oral statements made at each hearing session will be given equal weight.

In addition, the public comment period has been extended to May 19, 2004. Written statements must be received by close of business, May 19, 2004, addressed to Mr. Glenn Milstrey, New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7251, faxed to: (518) 402-9024, or e-mailed to HWSiting@gw.dec.state.ny.us.

The draft Siting Plan and the draft generic EIS can be found on the Department’s website at www.dec.state.ny.us/website/dshm/index.html under the Division of Solid & Hazardous Materials’ "What’s New" section. A hard copy is also available for review at each of the nine Department Regional Offices. To obtain additional information, please contact Glenn Milstrey, at 518-402-8612, or Deborah Aldrich, at 518-402-8730.


Amendments of the Final Freshwater Wetlands Maps for Erie County

Subsequent to the promulgation of the final Freshwater Wetlands Maps for Erie County on September 10, 1986, DEC Region 9 Staff found several inaccuracies affecting Maps 3, 4, 9 and 13 of 31. Having fully investigated these sites, Staff sent notice of the proposed amendments to the affected landowners and published notice in local newspapers and in the ENB. A public comment period was provided for the proposed amendments. No legislative public hearing was held. Upon review of Staff's findings and recommendations relative to this matter, the Commissioner was satisfied that Staff appropriately responded to all oral and written comments on the proposed amendments, and that Staff's recommendations were consistent with the requirements of the Freshwater Wetlands Act and supported by the record. The Commissioner ordered that TE-33, TE-34, OP-9 and LA-16 be added as Class II wetlands; that OP-10 be added as a Class I wetland, that boundary adjustments be made to CC-27 and TE-22; and that a boundary adjustment be made to combine wetlands TE-17, TE-20 and TE-21 and to rename the resulting wetland TE-17; and that the classification of Wetland TE-17 be revised to Class I, effective March 24, 2004. A copy of the amended final maps will be filed with the office of the clerk of each affected local government and in the Department's Region 9 office.

Contact: Mark Kandel, NYSDEC, 270 Michigan Avenue, Buffalo, NY 14203, phone: (716) 851-7010.


Proposed Designation of Bird Conservation Areas

County: Essex and Niagara

Lead Agency: Office of Parks, Recreation and Historic Preservation

Project Title: Designation of portions of (1) Crown Point State Historic Site in Essex County and (2) Joseph Davis State Park in Niagara County as Bird Conservation Areas.

Brief Project Description: The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) is proposing designation of a new Bird Conservation Area (BCA) in accordance with Article 11 of the Environmental Conservation Law (ECL § 11-0539, 11-2001 and 11-2003). The BCA program provides a comprehensive, ecosystem approach to conserving birds and their habitats on state-owned lands and waters. It also provides for education and research opportunities related to birds and their habitats. Designation of a BCA will not affect existing recreational activities.

Legislative amendments to the BCA law enacted in summer 2002 require public notice of any proposed designations with a 30-day public comment period following publication of the notice. At this time, OPRHP proposes designation of portions of Clay Pit Ponds State Park Preserve in Richmond County as a new Bird Conservation Area. OPRHP and DEC have designated twenty-seven BCAs since the law was enacted in 1997.

The Crown Point BCA is approximately 234 acres and meets three of the criteria for designation in the BCA law. It is a migratory concentration site; a diverse species concentration site; and a bird research site. Over 180 species have been observed at Crown Point including 47 species of Neotropical migratory songbirds. High Peaks Audubon has been banding birds at the site for 27 years.

The Joseph Davis BCA is approximately 230 acres and meets three of the criteria for designation in the BCA law. It is a migratory concentration site; a diverse species concentration site; and a species at risk site. About two-thirds of the BCA is successional shrubland; species dependent on this habitat have shown dramatic declines in NYS. The upland forest along the Niagara River is important to migratory songbirds that use the river as a migration corridor during spring and fall.

OPRHP will accept comments on the proposed BCAs during a 30-day public comment period, which ends April 23, 2004. Comments or questions should be addressed to Thomas B. Lyons, Environmental Management Bureau, OPRHP, Agency Building #1, Albany, NY 12238, phone (518) 474-0409; fax: (518) 474-7013; e-mail: thomas.lyons@oprhp.state.ny.us.

Additional information on the BCA program and other sites that have been designated can be found on the BCA website at http://www.dec.state.ny.us/website/dfwmr/wildlife/bca/index.html.

Project Location:
Crown Point, Essex County
Lewiston, Niagara County

CONTACT:
Thomas B. Lyons
Address: Environmental Management Bureau, OPRHP Agency Building #1
City: Albany
State: NY Zip:12238
Phone: 518-474-0409
Fax: 518-474-7013


Negative Declaration

Cattaraugus County - The Common Council of the City of Salamanca, as lead agency, has determined that the proposed Adoption of Local Laws amending the City of Salamanca Zoning Law will not have a significant adverse environmental impact. The action involves adoption of a local law amending the City of Salamanca Zoning Law. The proposed amendments to the City of Salamanca Zoning Law are largely technical in nature, involving changes to the Zoning Map.

Contact: Jeremiah J. Moriarty, City Attorney, 225 Wildwood Avenue, Salamanca, NY 14779, phone: (716) 945-3110.


Chautauqua County - The Town Board of the Town of Ripley, as lead agency, has determined that the proposed Town of Ripley Waterline Extension will not have a significant adverse environmental impact. The action involves providing a potable water source for domestic use and fire protection in the Town of Ripley Water District No.2. The proposed route of the water line is on a 2.5 mile stretch of Route 5, east of Route 76.

Contact: John R. Potter, One Park Avenue, Ripley, NY 14775, phone: (716) 736-2201.