Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 08/23/2006

Chautauqua County

Applicant: Andrew S Betts
Facility: Betts Construction Gravel Mine
Webster Rd - N Side - 0.4 Mi West of Munson Rd
Westfield, NY 14787
Application ID: 9-0660-00124/00001
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Portland, Chautauqua County
Project Description:
The applicant proposes to mine sand and gravel, and material processing with a portable dry-screen that has a maximum capacity less than 150 tons per hour, on 8.7 acres of land. The estimated life of the mine is 5 years and the reclamation objective is agriculture.  The site is  north of Webster Road, about 0.45 mile west of Manson Road.  The proposed haul road provides access to Webster Road.
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:
NYS Department of Environmental Conservation
State Historic Preservation Act (SHPA) Determination:
A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.
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 Sep 22 2006.
Contact: Kenneth C Taft
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us

Erie County

Applicant: CELLO-PACK Corp
55 Innsbruck Drive
Buffalo, NY 14227
Facility: CELLO-PACK Corporation of Buffalo
55 Innsbruck Dr
Cheektowaga, NY 14227
Application ID: 9-1430-00110/00021
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Cheektowaga, Erie County
Project Description:
The Department has prepared a Draft Permit and has made a tentative determination to approve this application for renewal and modification of a Title V permit. Cello-Pack Corporation is a commercial flexographic printing facility located in the Town of Cheektowaga, Erie County.  The facility uses flexographic printing presses used to print packaging products on various substrates including polyethylene, polypropylene, cellophane, nylon, and polyester.  Cello-Pack intends to modify the facility by removing three existing presses and installing one new press.  The facility will limit potential VOC emissions from the entire facility to less than 187 tpy for purposes of capping out of the source project requirements of 6NYCRR Part 231-2.
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.  The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.
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.

State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.
SEQR Lead Agency:
NYS Department of Environmental Conservation
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 Sep 22 2006.
Contact: David S Denk
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