Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 02/02/2005

Erie County

Applicant: Town of Amherst
5583 Main St
Williamsville, NY 14221 -5409
Facility: NYS Regulated Wetlands in Town of Amherst
NYS Regulated Wetlands in Town of Amherst
Amherst, NY 14221
Application ID: 9-1422-00209/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Amherst, Erie County
Project Description:
As part of the Town of Amherst's Mosquito Control Program, it is proposed include the CC-28, CC-35, TE-33 and TE-34 Wetlands in the annual application of Bacillus thurigiensis israelensis (Bti) larvicide and Agnique Monomolecular Film (MMF) larvicide in and adjacent to following wetlands:  BN-1, CC-8, CC-10, CC-12, CC-13, CC-14, CC-15, CC-18, CC-19, CC-45, LA-3, TE-7, TE-17, TE-18, TE-19 and TE-22. The CC-28 Wetland is located south of Tonawanda Creek Road between New Road and Millersport Highway (NYS Route 263).  The CC-35 Wetland is located in the northeast corner of the Town along the southeast side of Millersport Highway.  The TE-33 and TE-34 Wetlands are located east of Sweet Home Road between North French Road and the I-990.  Briquets of Bti are hand-placed and granular Bti is hand-broadcast into temporary standing water to control mosquito larvae in conjunction with the Town's program. Agnique MMF is a surfactant (surface water agent) which forms a thin film on the water and changes the surface tension at the air/water interface.  This inhibits the proper feeding, resting, breathing, and/or molting at the air/water interface leading to suffocation of mosquito larvae and pupae.   A map of locations where Bti and Agnique MMF is to be applied is published annually in the Amherst Bee.  The CC-28, CC-35, TE-33 and TE-34 Wetlands are class II wetlands.  
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:
Amherst Town Board
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 Feb 22 2005.
Contact: Jeffrey E Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: Town of Amherst
5583 Main St
Williamsville, NY 14221 -5409
Facility: NYS Regulated Wetlands in Town of Amherst
NYS Regulated Wetlands in Town of Amherst
Amherst, NY 14221
Application ID: 9-1422-00209/00003
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Amherst, Erie County
Project Description:
As part of the Town of Amherst's Mosquito Control Program to apply pesticides to control nuisance and vector mosquitos in various wetlands and their 100 foot wide adjacent areas, it is proposed to include the CC-28, CC-35, TE-33 and TE-34 Wetlands in that program.  The pesticides proposed for application include Methoprene (active ingredient in Altosid), Resmethrin (active ingredient in Scourge), Permethrin (active ingredient in Permanone) and Malathion.  The Town uses mist blowers and hydraulic pump handspray units mounted on all terrain vehicles to apply the pesticides.  The CC-28 Wetland is located south of Tonawanda Creek Road between New Road and Millersport Highway (NYS Route 263).  The CC-35 Wetland is located in the northeast corner of the Town along the southeast side of Millersport Highway.  The TE-33 and TE-34 Wetlands are located east of Sweet Home Road between North French Road and the I-990.  The BN-1, CC-8, CC-10, CC-12, CC-13, CC-14, CC-18, CC-19, CC-45, LA-3, TE-7, TE-17, TE-18, TE-19 and TE-22 Wetlands are presently included in the Town's program.  A map of locations where the pesticides are to be applied is published annually in the Amherst Bee.  The CC-28, CC-35, TE-33 and TE-34 Wetlands are class II wetlands.
State Environmental Quality Review (SEQR) Determination:
A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency:
Amherst Town Board
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 Feb 22 2005.
Contact: Jeffrey E Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Niagara County

Applicant: B F I Waste Systems of North America Inc
2321 Kenmore Avenue
Buffalo, NY 14217
Facility: Bfi Waste Systems (FORMER NRI/NEWCO)
56TH Street & Niagara Falls Boulevard
Niagara Falls, NY 14304 -0344
Application ID: 9-2911-00119/00021
Permit(s) Applied for: Article 27 Title 7 Solid Waste Management
Project is Located: Niagara Falls, Niagara County
Project Description:
Allied/BFI Waste Systems of North America, Inc. (BFI) proposes to construct and operate a solid waste management facility consisting of an 84 acre landfill at its 370 acre Niagara Falls site.  About 363 acres of the 370 acre site are located in the Town of Niagara and about 7 acres are in the City of Niagara Falls.  The site is bounded by the New York State Thruway I-90 to the east and north, Packard Road to the north and west, the Niagara Junction Railroad to the west, and Niagara Falls Boulevard and a Niagara Mohawk Power Corporation right-of-way to the south.  The entire site has historically been used for waste disposal, with about 84 acres within the center of the site having been previously used for the disposal of industrial lime and slag.  The footprint of the proposed Sanitary Landfill VIII corresponds to that area of approximately 84 acres.  Due to the proximity of the site to Niagara Falls Airport, only non-bird attracting waste would be permitted for disposal in Sanitary Landfill VIII.  Furthermore, the maximum height of Sanitary Landfill VIII would be limited to 730 feet Mean Sea Level.  The allowable receipt of waste for Sanitary Landfill VIII would be up to 200,000 tons per quarter. Depending on BFI's ability to market the existing on-site lime, the projected capacity of the proposed Sanitary Landfill VIII is between 9,500,000 and 14,000,000 cubic yards.  Its is anticipated that Sanitary Landfill VIII would be operated over a 15 to 20 year time frame (to years 2020-2025), after which a final cover system would be installed over the landfill.  The proposed Sanitary Landfill VIII is located entirely within the Town of Niagara.  BFI has requested the following two variances from NYCRR Part 360 requirements:  (1) Part 360-2.12 (a)(1)(v) to allow construction of the proposed Sanitary Landfill VIII to have less than 20 feet of separation between bedrock and the landfill liner.  In the current design option for the first two subareas of the proposed Sanitary Landfill VIII (Subareas A and B), the floor area with a separation less than about 20 feet would be 9% and 2% of Subareas A and B, respectively; and (2) Part 360-2.13(d) to allow less than a 5 foot separation between the base of  the constructed landfill liner and the seasonal high groundwater elevation.  The base of the proposed Sanitary Landfill VIII constructed liner is expected to be separated from high groundwater measurements by about 1 foot to 36 feet depending on location and constructed option.  In the proposed option for the first two subareas (Subareas A and B), about 4% and 1% of the footprint area for Subareas A and B, respectively, would be less than the 5 foot separation requirement for the top-of-rock groundwater and 0% and 22%, respectively, for top-of-clay groundwater.      







  
State Environmental Quality Review (SEQR) Determination:
A draft environmental impact statement has been prepared on this project and 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 Mar 7 2005.
Contact: Jeffrey E Dietz
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