Region 8 SEQR and Other Notices Region 8 SPDES Renewals

ENB Region 8 Completed Applications 02/14/2007

Ontario County

Applicant: Ontario County
27 N Main St
Canandaigua, NY 14424 -1447
Facility: Ontario Co Landfill
1879 St Rte 5 & 20
Stanley, NY
Application ID: 8-3244-00004/00007
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Seneca, Ontario County
Project Description:
Ontario County has submitted an application for the renewal of the Title V Facility Permit for air pollution processes at the Ontario County Sanitary Landfill located at 1879 State Route 5 & 20 in the Town of Seneca, Ontario County.  This renewal also includes two minor modifications that have been previously approved.  The first minor modification corrected the submittal dates for the annual compliance certification and the semi-annual monitoring reports to January 30th and July 30th of each year.  The second minor modification involved the addition of a glass drying line at the FCR recycling facility located at the Ontario County Landfill.  The glass drying line will increase emissions of carbon monoxide (CO), oxides of nitrogen and particluate matter, however this increase is not significant as it will not trigger any thresholds for Prevention of Significant Deterioration (PSD) or New Source Review (NSR).  In addition, this modification is not a major source for total or individual hazardous air pollutants (HAPs).

The Title V Facility Permit was originally issued May 7, 2001.  A major modification was effective June 25, 2004 to authorize construction of the Phase III Landfill Expansion. Emission points at the landfill now include a 500 cfm enclosed flare, a 1,750 cfm enclosed flare, the existing leachate pond and the new glass dryer. This application also covers an additional flare to be added in the future.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application.

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.


Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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 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 16, 2007.
Contact: Lisa M Porter
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Seneca County

Applicant: NYS Dept of Environmental Conservation
625 Broadway
Albany, NY 12233
Facility: Canoga Marsh Wma
St Rte 89 - E Side & W of Cayuga Lake
Canoga, NY
Application ID: 8-4522-00197/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Project is Located: Fayette, Seneca County
Project Description:
As part of a Natural Resources Conservation Service Wetland Reserve Program project, the applicant proposes to construct a series of potholes (20) connected by level ditches in an effort to add open water areas to NYS Regulated Freshwater Wetland UN-1. Approximately 450,000 square feet of open water shall be added to the 134.4 acre marsh. Excavated material will be spread on adjacent areas where they will support native hydrophytic plants. Additionally, a willow fringe and thicket will be removed to allow wildlife access from the marsh to upland nesting cover. A portion of the property is located on Land owned by New York State and the remainder is owned by Mr. Keith Tidball.
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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:
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 Mar 02, 2007.
Contact: Thomas P Haley
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Applicant: Seneca Energy II LLC
2917 Judge Rd
Oakfield, NY 14125
Facility: Seneca Energy Lfgte Facility
St Rte 414|RENEWABLE Resources Park
Seneca Falls, NY 13165
Application ID: 8-4532-00075/00031
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Seneca Falls, Seneca County
Project Description:
Seneca Energy II LLC submitted an Article 24 Freshwater Wetland Permit application to construct 6,400 feet of new 34.5 kV power line to connect the relocated landfill gas to energy facility, which utilizes gas produced by the Seneca Meadows landfill to generate electricity, to the Goulds substation owned by NYSEG in the Village of Seneca Falls. This proposal includes approximately 2,450 feet of ROW through NYS Freshwater Wetland (SF-4).  This will result in the permanent alteration of 27,300 square feet of regulated wetland.  The new power line is proposed to be located within the existing ROW, however, the power line size requires an additional 50-70 feet of ROW to be cleared and maintained.  NYSEG would be the owner and entity responsible for maintaining the utility corridor after it's completed.  The application has been determined to be complete and ready for technical review.  The file is available for review and comment at NYSDEC Region 8.                      
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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:
Seneca Falls Town Zoning Board of Appeals
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. The report of the survey is on file. No 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 March 28, 2007.
Contact: Kimberly A Merchant
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Multiple Counties

Applicant: National Fuel Gas Company
6363 Main St
Buffalo, NY 14221
Facility: Empire State Pipeline
Ontario, Yates, Schuyler, Chemung, and Steuben Counties
Statewide, NY
Application ID: 8-9908-00002/00003
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Project is Located: Victor, Multiple Counties
Project Description:
The Empire Connector Project (Empire) would install and operate approximately 78 miles of 24 inch diameter natural gas pipeline beginning at a new National Fuel Gas (NFG) compressor station in Oakfield, Genesee County, through Ontario, Yates, Schuyler, Chemung and Steuben Counties, to an interconnection with the Columbia Gas Pipeline compressor station in Corning.  Generally, construction will require a 75 foot wide right-of-way, of which 50 feet would be maintained as permanent ROW.  The project will require crossing 50 perennial waterbodies and 5.1 miles of wetlands, of which 0.4 miles are DEC regulated wetlands.  

Empire is a component facility of what the Federal Energy Regulatory Commission (FERC) has collectively labeled the Northeast (NE)-07 Project.  The Empire component would deliver gas from the existing Empire State Pipeline to the new Millennium Pipeline Project, another NE-07 component facility.

FERC approved the NE-07 Project, including the Empire Connector Project, on December 21, 2006.  The DEC?s jurisdiction is limited to water quality certification pursuant to section 401 of the Clean Water Act.  The department previously reviewed and approved the new compressor station at Oakfield under a separate application - ID: 8-1838-000026/00001.



Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.
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 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 14, 2007.
Contact: Jeffrey Gregg
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
depprmt@gw.dec.state.ny.us

Region 8 SEQR and Other Notices Region 8 SPDES Renewals