Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 09/01/2004

Allegany County

Applicant: Town of Cuba
5 Bull St
Cuba, NY 14727 -1009
Facility: Searl Gravel Mine
South Road
Cuba, NY
Application ID: 9-0248-00022/00003
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Cuba, Allegany County
Project Description:
The applicant requests a mining permit for the mining of gravel and material processing with a portable crusher that has a maximum capacity that is less than 150 tons per hour, on 19.8 acres of land owned by Barry and Jean Searl.  The estimated life of the mine is 20 years and the reclamation objective is pasture.  The haul road is an existing farm lane that provides access to South Road.  The site is east of South Road, about 1,450 feet north of Spring Valley Road.
State Environmental Quality Review (SEQR) Determination:
Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.
SEQR Lead Agency:
NYS Department of Environmental Conservation
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 Oct 1 2004.
Contact: Kenneth C Taft
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us

Cattaraugus County

Applicant: James T Adams
Facility: Adams Property
125 Main St
East Randolph, NY
Application ID: 9-0476-00075/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Randolph, Cattaraugus County
Project Description:
The applicant proposes to install 100 lineal feet of wooden retaining wall for creek bank stabilzation along Tributary 1 of Elm Creek (aka Mill or Ram Creek).  The project is located at the applicant's property, 125 Main Street, in the Village of East Randolph.
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:
A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.
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 Sep 17 2004.
Contact: Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us

Applicant: Cattaraugus County
Court St
Little Valley, NY 14755
Facility: County Road 72 (SAVAGE Rd) @ Cattaraugus Creek
Cr 72
Yorkshire, NY
Application ID: 9-0484-00133/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Yorkshire, Cattaraugus County
Project Description:
The applicant proposes to install bendway weirs and longitudinal peaked stone toe protection (LPSTP) with tiebacks and vegetation planted behind the LPSTP, along 650 lineal feet of severely eroded Cattaraugus Creek stream bank that is threatening Savage/McKinstry Road (County Road 72).  The project site is located approximately 1,800 north of the intersection of Savage and Creek Roads.
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:
A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.
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 Sep 17 2004.
Contact: Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us

Chautauqua County

Applicant: Donald W Einhouse
Facility: Einhouse Property
Height Rd
Silver Creek, NY
Application ID: 9-0628-00276/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Chautauqua, Chautauqua County
Project Description:
The applicant proposes a United States Department of Agriculture/Natural Resources Conservation Service, Wetland Reserve Program (WRP) wetland restoration and enhancement project to improve wildlife habitat in a 45 acre WRP easement.  The proposal includes installing a 450 foot long PVC sheet-pile impoundment structure, across Dewittville Creek and along State regulated Freshwater Wetland HF-15.   The proposal is located on the applicant’s property on Height Road, approximately 3,000 feet east of Beech Hill Road and 1,000 feet south of Barber Road.

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 Sep 17 2004.
Contact: Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us

Erie County

Applicant: Donna Zelli
Facility: Zelli Property
5772 Southwestern Blvd
Hamburg, NY 14075
Application ID: 9-1448-00329/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Hamburg, Erie County
Project Description:
The applicant proposes to construct a driveway across a narrow portion of the ED-23 freshwater wetland and adjacent area.  A pond is proposed to be constructed within the freshwater wetland.   The pond will have a maximum side slope of 3:1 ratio to promote the growth of wetland aquatic vegetation.  The site is located on the west side of Southwestern Boulevard (Route 20), approximately 2400 feet south of Amsdell Road.
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 Sep 17 2004.
Contact: David S Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: Arrowhead Golf Club Links LLC
12292 Clarence Center Rd
Akron, NY 14001
Facility: Arrowhead Golf Course
12292 Clarence Center Rd
Akron, NY 14001
Application ID: 9-1456-00103/00007
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Newstead, Erie County
Project Description:
The applicant proposes a  discharge of 7400 gpd of untreated sanitary wastewater to groundwater from a septic system and sand filter at the applicant's facility located at 12292 Clarence Center Road, Town of Newstead.  The applicant plans to operate a clubhouse at the Arrowhead Golf Course.  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. This 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. 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 endorsement of the activity for which a permit is sought or for the overall proposed project. In commenting, please refer to this application by application number listed above and SPDES number, NY0169506.
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 Oct 1 2004.
Contact: Penny R Dempsey
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: Goodyear Dunlop Tires North America Ltd
1144 East Market St
Akron, OH 44316 -0001
Facility: Goodyear Dunlop Tires North America Ltd
10 Sheridan Drive
Tonawanda, NY 14150
Application ID: 9-1464-00030/00199
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Tonawanda, Erie County
Project Description:
 The Department has prepared a Draft Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments and has made a tentative determination to approve the permit renewal for this existing tire manufacturing plant located at 10 Sheridan Drive, Tonawanda, New York.  The facility produces approximately 12,000 tires per day of a combination of truck, motorcycle, automobile and all terrain vehicle (ATV) tires. Changes to the existing permit include the addition of a facility cap for Hazardous Air Pollutant (HAP) emissions to less than 9.9 tons per year (tpy) for individual HAP's and 25 tpy for total HAP's to clarify the facilities minor source status with respect to HAP's. Also, included was a requirement for compliance assurance monitoring for sources under emission unit EU02 in accordance with 40 cfr 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.

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:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
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 Oct 1 2004.
Contact: Charles D Cranston
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: Sunoco Partners Marketing & Terminals LP
1801 Market St
Philadelphia, PA 19103
Facility: Sunoco Tonawanda Terminal
3733 River Road
Tonawanda, NY 14150
Application ID: 9-1464-00132/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Tonawanda, Erie County
Project Description:
The Department has prepared a Draft Permit and made a tentative determination to approve this application for a modification of an existing SPDES permit, which includes the addition of outfall 003 for stormwater with an estimated maximum discharge of 40,000 gallons per day.  The facility, located at 3733 River Road, Town of Tonawanda, added a rail car unloading area and stormwater resulting in this area will be discharged via outfall 003 to a drainage swale, which is tributary to the Niagara River.  The application, fact sheet and draft permit for SPDES No. NY-0023621 are available for review at the Buffalo Regional Office of the New York State Department of Environmental Conservation during regular business hours.  

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 Oct 1 2004.
Contact: Charles D Cranston
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals