ENB Region 9 Completed Applications 02/28/2007

The applicant proposes to reassemble/restore an historic log cabin (original logs over 100 years old) and construct a handicap parking lot for 3 cars, in the regulated 100-foot Adjacent Area of Freshwater Wetland No. CY-13 at the northwest corner of School Street with County Route 606 (North Road) at Findley Lake.  The project will involve filling and leveling the site and building a cement block foundation to set the cabin on.

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.

The department intends to issue a permit to mine on 10.4 acres of a 32.2 acre site, as previously permitted to Ronald Klingensmith.  Material will be processed with a portable dry screen. The estimated mine life is five years and the reclamation objective is pastureland.  The site is located 2,000 feet west of Vaughn St. (NYS Rte. 240) and 2,000 feet north of Middle Road.  NOTE:  This notice is being published to correct an inadvertant error under the SEQR Determination below, which was previously listed as a Type II action.

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.

NOCO Energy, located at 700 Grand Island Boulevard in the Town of Tonawanda is a petroleum and chemical bulk storage terminal which stores and distributes liquid petroleum and products containing regulated air pollutants. It also collects, blends and markets waste oil. There is an above-ground biocell at this facility that treats petroleum-impacted soils. The facility has 68 storage tanks of various capacity and stored materials. Forty three of the tanks are subject to an operational flexibility plan. NOCO utilizes combustion units to heat tanks and pipelines for easy movement of heavy products such as asphalt, residual oils and waste oils. The combustion units also provide space heat for office buildings. This facility has accepted federally-enforceable SO2 emissions limitations and therefore is not subject to PSD requirements of 40 CFR Part 53.21.

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.

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.