ENB Region 8 Completed Applications 07/26/2006

The applicant proposes to build a 24' x 24' cottage with public utilites on his property located at 5677 Dacola Shores Rd., in the Town of Conesus, Livingston County.  The structure will be located on an already disturbed area within the 100 foot adjacent area of Class I, Freshwater Wetland, CO-1.

Rochester Institute of Technology (R.I.T.) proposes to construct Collegetown, a mixed commercial, retail and student complex to be located on a 59.9 acre parcel on the R.I.T. campus.  The project area contains 9.91 acres of Freshwater Wetland and 28.22 acres of wetland adjacent area.  The project is proposed to occur in two phases, with Phase I involving the construction of a mixed use commercial/residential section and Phase II consisting exclusively of residential housing.  Phase I, located at the southwest quadrant of the intersection of Jefferson Rd. and John St., will provide 77,000 square feet of commercial space and 84 housing units representing102 beds. Also to be constructed in Phase I is a residential section, located on the south side of Jefferson Road and west of the mixed use commercial/residential section, which will provide 360 beds for student housing.  Phase II of the project is located on the west side of John St. and south of the commercial/residential section of Phase I. The Phase II development will consist of another residential section providing an additional 456 beds for student housing.  The project as proposed will result in direct disturbance to 6.64 acres of Freshwater Wetland and 24 acres of wetland adjacent area.  The Department must issue a Freshwater Wetland Permit for regulated activities within the Freshwater Wetland and 100-foot adjacent area. A permit will be required from the U.S. Army Corps of Engineers (Corps) and, in association with the Corps permit, the Department must issue a Water Quality Certification.   Compliance with DEC’s General Permit for Stormwater Discharges from Construction Activities (GP 02-01) will be required for this project.  R.I.T. has demonstrated that the location of the proposed project is the only practicable alternative and that the residential and commercial aspects of the project are linked and must be collocated.  The project as currently proposed incorporates design and layout changes from the original proposal that minimize wetland impacts.  These changes have included: reduction in the size of the entire project area; utilization of several smaller stormwater management facilities in wetland adjacent areas rather than a utilizing part of a larger open water area located in the wetlands for stormwater management; reduction of the building impact areas by adding buildings throughout the site which have three floors, instead of two; and the addition of a four story building in the mixed commercial/residential section of the project.

DEC has determined that the project as currently proposed is the only practicable alternative to meet RIT's needs and objectives and has reduced wetland impacts to the greatest practicable extent.  Unavoidable adverse impacts to wetland function and benefits are to be mitigated on the R.I.T. campus by the creation/restoration of a compensatory mitigation wetland and upland complex.  The Department has determined that R.I.T.'s compensatory mitigation proposal for 15 acres of wetland creation meets criteria contained in the DEC's Guidelines on Compensatory Mitigation and is adequate to replace the Freshwater Wetland functions and benefits of the wetlands to be lost.  The file is available for review and comment at NYSDEC Region 8 in Avon, NY.

Applicant proposes to construct a  5.0 acre +/-  Regional Stormwater Management Facility adjacent to the upper section of Tufa Glen Creek.  The project, referenced as the "Plank Road Stormwater Management Facility ," is located on the south of Plank Road at the intersection of Plank Road and State Road.  It will serve the upper section of the Tufa Glen watershed and serve to reduce frequency of downstream flooding as well as provide stormwater quality and quantity management for the Laudadio Development and Crowne Pointe Subdivision.  Project involves construction of a concrete weir structure in the stream which will allow a minimum base flow.  Larger flows are diverted into the off stream facility where they are detained prior to their release through a proposed outlet structure downstream from the weir.      

Western New York Energy LLC has submitted an Air State Facility application for the Shelby Ethanol Plant, a new 57.75 million gallon per year ethanol fuel production facility to be located northeast of the intersection of Bates Road and NYS Route 31A, in the Town of Shelby.  The facility will use corn as the primary source of sugars fermented to produce ethanol.

As part of this application, Western New York Energy LLC has proposed to restrict Shelby Ethanol Plant emissions to below the 6 NYCRR Part 201-6 (Title V) applicability thresholds for a Major Stationary Source.

In response, the Department has generated a Draft Permit restricting emissions to less than the Part 201-6 thresholds: of 100 tons per year each of particulate matter (PM), carbon monoxide (CO), sulfur dioxide (SO₂), and oxides of nitrogen (NO_X); of 50 tons per year of volatile organic compounds (VOC), of 25 tons per year of all hazardous air pollutants (HAP) combined, and of 10 tons per year of any individual HAP substance.

To verify that the facility is in compliance, stack testing of emission sources will be required, and Western New York Energy will be required to maintain records of emissions at the facility. These records are to be maintained for a minimum of five years, and must be made available with all supporting data to Department inspectors upon request.

The application and Draft Permit are available for review at the Region 8 NYSDEC office.  The Draft Air State Facility Permit may be viewed or downloaded as a .pdf file at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_asf.html