Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 10/25/2006

Cattaraugus County

Applicant: Cattaraugus County
Court St
Little Valley, NY 14755
Facility: Lime Lake Cottage Owners Boat Launch
St Rte 16 at Broad Bay Cir
Machias, NY
Application ID: 9-0458-00119/00001
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Excavation & Fill in Navigable Waters
Project is Located: Machias, Cattaraugus County
Project Description:
The applicant proposes to install 150 linear feet of precast concrete block breakwall along the summer shoreline, dredge mucky material from around the existing boat launch and replace it with granular material and install a stormwater outlet pipe and stone splash pad. The project site is located at the facility listed above, which is at the south end of Lime Lake at the intersection of NYS Rte. 16 and Broad Bay Circle.
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 not performed.
SEQR Lead Agency:
None Designated
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 Nov 10 2006.
Contact: Mary E Hohmann
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: Buffalo Sewer Authority
1038 City Hall
Buffalo, NY 14202 -3310
Facility: Bird Island STP
90 West Ferry St
Buffalo, NY 14213 -7999
Application ID: 9-1402-00154/00007
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Buffalo, Erie County
Project Description:
The Department has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of the Title V Permit. The plant is subject to National Emission Standards for Hazardous Air Pollutants 40CFR61 (beryllium and mercury), New Source Performance Standards 40CFR Part 60 for particulate emissions and 40CFR Part 503 for volitile organic compounds (VOC) emissions. 40CFR Part 503 was enacted under the authority of Sections 405(d) and (e) of the Clean Water Act and has not been delegated to New York State for enforcement. 40 CFR 503 required stack testing to determine the impact of heavy metal emissions, the establishment of  operating parameters, emission factors and monthly sampling of sludge feed for metals. The requirements are included in the DEC General Conditions portion of the permit. The BSA facility does not emit Hazardous Air Pollutants in excess of major source thresholds based on the air emissions inventory submitted with the Title V application.  This inventory evaluated emissions from all wastewater handling systems at the plant. Referenced in the permit are two attachments  titled -Standard  Operating Procedures for Multiple Hearth Incinerators; and -Venturi Scrubber Maintenance/incinerator operation. These items are maintained at the facility and at the Region 9 office for reference.
In accordance with 6NYCRR Parts 621.7(b)(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 not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
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 located in a Coastal Management area and is 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 Nov 24 2006.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Niagara County

Applicant: Patricia A Burns
Facility: Burns Property
427 Daniel Dr
North Tonawanda, NY 14120
Application ID: 9-2912-00213/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: North Tonawanda, Niagara County
Project Description:
Installation of an in ground swimming pool and associated security fence around the pool, at an existing home in the regulated adjacent area of state wetland TE-15.
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 not performed.
SEQR Lead Agency:
None Designated
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 Nov 10 2006.
Contact: Steven J Miller
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