ENB Region 9 Completed Applications 09/22/2004

The applicant proposes to install heavy stone riprap along 900 lineal feet of Genesee River to protect the river's west bank from further erosion.  The project site is located east of NYS Route 19 along the Genesee River from Cold Creek upstream 900 feet.

The applicant proposes to install a 180 foot long by 6 foot wide steel-framed, wood-deck, snowmobile bridge spanning Conewango Creek and will connect existing snowmobile trails in Cattaraugus and Chautuaqua Counties.  A 180 ft. long by 10 ft. wide section of new trail may include gravel fill if conditions warrant.  A total of approximately 0.12 acre of State regulated Freshwater Wetlands KE-8 and KE-20 will be disturbed by the bridge installation, tree and brush debris removal and fill.  The project site is located west of Goodwins Landing Road, between Flood and Bush Roads.

The Lockport Cogeneration Facility in Lockport, New York, has applied for a renewal of the existing Prevention of Significant Deterioration (PSD) and Title V Permits. The facility generates steam and electric power using three combustion turbine generators followed by three recovery steam generators and a steam turbine generator. The plant is designed to generate 168.8 megawatts of electricity while providing up to 315,800 pounds per hour of process steam. The plant operates as a base load facility on a year-round basis and supplies all the electricity and steam required by the host facility, Delphi Harrison. The excess electric power is sold to the local utility, New York State Electric and Gas Corporation. This facility is an existing major source under the PSD program. The facility's three gas turbines are subject to New Source Performance Standards (NSPS) Subpart GG, and the three duct burners and one auxiliary boiler are subject to NSPS Subpart Db. This Title V Permit renewal contains a complete listing of the applicable federal, state and compliance monitoring requirements for the facility, its emission units, processes and sources.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application.  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 applicant proposes an "Erosion and Sediment Control Demonstration Project" at four sites along Monkey Run:  Sites 1  & 2 - Grade and shape stream banks (300 ft. and 160 ft.) to create a floodplain area for high stream flows and install a grade control sill at Site 1 to reduce channel erosion.  Site 3 -  Realign a portion of the stream channel and install approximately 350 lineal feet of stone toe protection along a severly eroded stream bank. A bendway weir will be installed at the upstream end of the project to concentrate stream flows to the realigned channel.  Site 4 - Create approximately 220 lineal feet of floodplain bench using material removed from an adjacent gravel bar and install stone along the toe of the bench.  All sites will be be stabilized by installing erosion control fabrics and planting shrubs and vegetation.  The sites are located within a 3,000 foot section of Monkey Run (tributary 60 of Cattarugus Creek), upstream of the NYS Rt. 98 bridge.