GENESEE/ORLEANS/STAMP Sewer Works, Inc. tables Eminent Domain Resolution due to an overwhelming response of comments at Public Hearing on July 27th

The Board for STAMP/Sewer Works, Inc meeting on Thursday afternoon and voted to table a resolution involving eminent domain procedures.

In a discussion after Executive Session on August 3, 2023, the Board decided to table an Eminent Domain Resolution from the July 27, 2023 Public Hearing, looking for temporary easements on three privately owned properties on Rt. 63, to complete a 9-mile outfall pipe with force main in the towns of Alabama and Shelby for treated sanitary effluent wastewater from the STAMP Park. The outfall pipe is designed for a capacity of 6 million gallons and will discharge into the Oak Orchard Creek a mile south of the Village of Medina in Shelby.

The Board did discuss possible operators for the treatment of the wastewater on site at STAMP.

Previously: Public Hearing from July 27, 2023

Public Hearing/STAMP Sewer Works, Inc. under Eminent Domain Procedure Law is looking to acquire three temporary construction easements for the purpose of constructing a force main to complete a 9-mile pipeline to dispose of treated sanitary wastewater from the STAMP location on Rt. 63, through the Iroquois Wildlife Refuge, and then discharged into the Oak Orchard Creek in Orleans County. One of the easements is in Alabama, Genesee County, two are in Shelby, Orleans County.

GENESEE/ORLEANS-STAMP/Sewer Works seeks Eminent Domain to complete wastewater pipeline that will dispose of treated wastewater into Oak Orchard Creek: Public Hearing held for temporary easements on three properties – Video News Service

(SPDES) Discharge Permit application from August 4, 2021- Permit was issued by NYS DEC on September 2, 2022, and expires on August 31, 2027.

Applicant:

Stamp Sewer Works Inc
99 Med Tech Dr Ste 106
Batavia, NY 14020

Facility:

Science & Technology Advanced Manufacturing Park (STAMP)
St Rte 77 (Lewiston Rd) – W of St Rte 77/63 (Alleghany Rd) – N of Judge Rd
Alabama, NY

Application ID:

8-9908-00210/00005

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 17 Titles 7 & 8 Industrial SPDES – Surface Discharge

Project is Located:

Alabama, Multiple Counties

Project Description:

The applicant, STAMP Sewer Works Inc. (a transportation corporation established by Genesee County Economic Development Center (GCEDC)) and GCEDC, are proposing to construct a new wastewater treatment plant (WWTP), and 9-mile outfall pipe for treated sanitary effluent, to serve the Science & Technology Advanced Manufacturing Park (STAMP) and potential future domestic users in the Town of Alabama. The STAMP Site, including the proposed wastewater plant, would be located in the immediate vicinity of the Tonawanda Seneca Nation of Indians Reservation to the west and southwest and the John White Wildlife Management Area to the southeast. The wastewater plant would be located at 6840 Crosby Road, within the STAMP site.

The new plant would have an initial design capacity to accommodate an average flow of up to 1 million gallons per day (MGD), of sanitary wastewater through a combination of screening, sequential batch reactors, disc filters and UV disinfection, through outfall 001. Industrial wastewaters would not be authorized for discharge under this permit. The outfall pipe that would serve the STAMP WWTP and its tenants is designed for a future capacity of 6.0 MGD. The STAMP WWTP would discharge to a wetwell, where all site discharges will be conveyed, prior to being pumped through a new outfall pipe approximately 9 miles long, generally situated along State Route 63, discharging to Oak Orchard Creek, a class C stream approximately 1 mile south of the Village of Medina.

The project requires DEC permits pursuant to New York State Environmental Conservation Law (ECL) Article 17 for discharges to waters under the State Pollutant Discharge Elimination System (SPDES) program and pursuant to ECL Article 24 for activities in freshwater wetlands and their adjacent areas. This project would include the construction of approximately 47,000 linear feet of new effluent outfall pipe/force main along Crosby Road, NYS Rt 77 and NYS Rt 63, extending from the proposed plant to Oak Orchard Creek. The construction of the new outfall pipe (forcemain), which will be undertaken by GCEDC, will result in a temporary impact to 0.02 acres of federally regulated wetland and streams, and 0.28 acres of regulated NYS Freshwater Wetland Adjacent Area. Directional drilling is proposed to cross wetlands and streams, but alternative methods may be used (e.g., open trench).

If STAMP tenants desire to use this project outfall pipe for any future industrial discharge, they first would be required to submit a new SPDES permit application, subject to SEQR and full public notice requirements, and to receive their own individual SPDES permit, specific to their industrial process, prior to authorization to discharge.

The Department has made a tentative determination to issue a State Pollutant Discharge Elimination System (SPDES) permit under Article 17 of the Environmental Conservation Law for the proposed wastewater treatment plant and a draft SPDES permit has been prepared. As proposed, the SPDES permit would allow the discharge of a monthly average of 1.0 MGD of treated effluent to Oak Orchard Creek and would require short term high intensity dissolved oxygen monitoring, WET (whole effluent toxicity) testing, a biennial pollutant scan, a schedule of compliance for construction, and other requirements. This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time. As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.

Requests for a legislative (public statement) hearing must be sent in writing to the DEC contact person below by the comment deadline. The Department assesses such requests pursuant to 6 NYCRR Section 621.8.

The draft permit and fact sheet may be viewed and printed from the Department website at: https://www.dec.ny.gov/permits/6054.html. The application may be requested electronically by contacting the Agency Contact below.

The application can also be made available at the GCEDC at:

Genesee County Economic Development Center
99 MedTech Drive, Suite 106
Batavia, NY 14020

Refer to this application by the application number listed above and SPDES Number NY 027 2078.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

A draft environmental impact statement has been prepared on this project and is on file.

SEQR Lead Agency: Genesee County Industrial Development Agency

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed and cultural resources were identified. 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 an adverse impact on registered or eligible archaeological sites or historic structures. The department must consult further with OPRHP before making a final decision regarding the issuance of the permit.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

The proposed action is subject to CP-29. An enhanced public participation plan was submitted by the applicant and has become part of the complete application.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Sep 03, 2021.

Contact:

Kimberly A Merchant
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov

One Comment:

  1. Tonawanda residents

    No stamp project!!!! Go away

Leave a Reply

Your email address will not be published. Required fields are marked *