ENB Region 8 Completed Applications 08/02/2006

Orleans County
Applicant:	Western New York Energy LLC PO Box 188 Mount Morris, NY 14510 -0188
Facility:	Shelby Ethanol Plant Bates Rd & Maple Ridge Rd Medina, NY 14103
Application ID:	8-3436-00031/00001
Permit(s) Applied for:	Section 401 - Clean Water Act Water Quality Certification
Project is Located:	Shelby, Orleans County
Project Description:
Western NY Energy LLC proposes to place fill in approximately 0.48 acres of federal wetlands as part of construction of its Shelby Ethanol Plant on a 145 acre site located northeast of the intersection of Bates Road and NYS Route 31A, in the Town of Shelby, immediately east of the Village of Medina. To mitigate the loss of federal wetland, the applicant proposes to excavate a shallow pond, and grade and seed to promote growth of shrub and emergent wetland plants over approximately a one acre area on the Shelby Ethanol Plant property, adjoining a similar area also on the Ethanol Plant site to be created to mitigate the loss of federal wetland due to the nearby Medina Country Estates project on a 3.81 acre parcel in the Village of Medina. The total mitigation area on the property will be approximately 2 acres, to be located about 1500 feet north of the Ethanol Plant. The plans are available for review at the Region 8 NYSDEC office.
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:
Orleans County Industrial Development Agency
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Aug 21 2006.
Contact:	Roger T McDonough NYSDEC Region 8 Headquarters 6274 East AVON-LIMA Rd Avon, NY 14414 (585)226-2466 r8dep@gw.dec.state.ny.us

Orleans County

Applicant:

Western New York Energy LLC
PO Box 188
Mount Morris, NY 14510 -0188

Facility:

Shelby Ethanol Plant
Bates Rd & Maple Ridge Rd
Medina, NY 14103

Application ID:

8-3436-00031/00001

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Shelby, Orleans County

Project Description:

Western NY Energy LLC proposes to place fill in approximately 0.48 acres of federal wetlands as part of construction of its Shelby Ethanol Plant on a 145 acre site located northeast of the intersection of Bates Road and NYS Route 31A, in the Town of Shelby, immediately east of the Village of Medina. To mitigate the loss of federal wetland, the applicant proposes to excavate a shallow pond, and grade and seed to promote growth of shrub and emergent wetland plants over approximately a one acre area on the Shelby Ethanol Plant property, adjoining a similar area also on the Ethanol Plant site to be created to mitigate the loss of federal wetland due to the nearby Medina Country Estates project on a 3.81 acre parcel in the Village of Medina. The total mitigation area on the property will be approximately 2 acres, to be located about 1500 feet north of the Ethanol Plant.

The plans are available for review at the Region 8 NYSDEC office.

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:

Orleans County Industrial Development Agency

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 Aug 21 2006.

Contact:

Roger T McDonough
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us