ENB Region 9 Completed Applications 09/01/2004

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.

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.

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.

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.

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.

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.

 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.

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.