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3 Gates Circle

Site Number C915272

Gates Circle Update: Draft Investigation Work Plan Available for Public Comment

Satellite/aerial view of Gates Circle
Satellite/aerial view of Gates Circle

The public is invited to comment on a draft work plan being reviewed by the New York State Department of Environmental Conservation (DEC) to investigate the 3 Gates Circle Site ("site") located at 3 Gates Circle, Buffalo, Erie County. Please see the map for the Site Location. Documents related to the cleanup of this site can be found at the locations identified below under Where to Find Information.

Draft Investigation Work Plan

The draft investigation work plan, called a "Remedial Investigation Work Plan," was submitted to DEC under New York's Brownfield Cleanup Program (BCP). The investigation will be performed by Chapin Place MAR LLC ("applicant") with oversight by DEC and the New York State Department of Health (DOH).

Digital Files of the Work Plan

Below is an abbreviated version of the Remedial Work Plan in PDF form for download. To view the complete document, please contact DEC or visit the document repositories listed under Where to Find Information.

Remedial Investigation Work Plan (50 page PDF, 1.95 MB)

How to Comment

DEC is accepting written comments about the draft investigation work plan for 30 days, from June 3, 2013 through July 3, 2013. The proposed plan is available for review at the locations identified below under Where to Find Information. Please submit comments to the DEC project manager listed under Project Related Questions in the Who to Contact area below.

Highlights of the Proposed Site Investigation

The investigation will define the nature and extent of contamination in soil, surface water, groundwater and any other parts of the environment that may be affected.

Next Steps

DEC will consider public comments, revise the plan as necessary, and approve the work plan. The approved work plan will be made available to the public (see Where to Find Information below). Following work plan approval, the activities detailed in the work plan will then be implemented.

When the investigation is completed, a report will be prepared and submitted to the DEC that summarizes the results. After the investigation, a cleanup plan, called a "Remedial Work Plan" will be developed and a Decision Document will be proposed. The cleanup plan will include an evaluation of the proposed site remedy, or recommend a no action or no further action alternative. The goal of the cleanup plan is to ensure the protection of public health and the environment. DEC will present the proposed cleanup plan to the public for its review and comment during a 45-day comment period. DEC will keep the public informed throughout the investigation and cleanup of the site.


Location: The site property is located at 3 Gates Circle in the City of Buffalo. It consists of approximately 6.9 acres and encompasses the former Millard Fillmore Gates Circle hospital complex. The property is bounded by Delaware Ave. and commercial properties to the west; Linwood Ave. and a mix of commercial and residential properties to the east; Lafayette Ave. and a mix of commercial and residential properties to the north; and commercial properties to the south.

Site Features: The site is composed of several interconnecting buildings covering most of the site. The site contains two underground storage tanks and one above ground storage tank previously used for diesel fuel and fuel oil No. 6. A collection and treatment system is currently active within the Power Plant, which collects and treats contamination due to a previous oil spill (see Spill file #0751494). Currently the property is vacant.

Current Zoning/Use: The site is currently zoned for commercial purposes.

Historical Use: The site was initially developed for residential use and partially used for tricycle manufacturing pre-1900. By 1916 the site was beginning to be operated as a hospital facility, with continued expansion of the hospital complex through the early 1970's (i.e. Millard Fillmore Gates Circle Hospital).

Contamination: The site is contaminated with No. 6 fuel oil caused by leaking underground storage tanks. The contamination in soil is due to polycyclic aromatic hydrocarbons (PAHs) and metals such as mercury and lead which exceeds residential use soil cleanup objectives (SCOs).

Site Geology and Hydrogeology: The superficial geology of the area consists of various loams, with slopes typically ranging from 0 to 8%. Native soil is very hard, medium plasticity, reddish brown lean clay present at varying thicknesses and overlying reddish brown sandy silt. Groundwater is approximately 10 feet below ground surface (fbgs) with shallow overburden groundwater at approximately 16 fbgs. Groundwater on the Site appears to flow to the north-northwest towards Scajaquada Creek.

Additional site details, including environmental and health assessment summaries, are available on DEC's website.

Brownfield Cleanup Program

New York's BCP encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit DEC's website.

Where to Find Information

Public interest in this project is valued and appreciated. Project documents are available at the following location to help the public stay informed.

NYS DEC Region 9 Office
270 Michigan Avenue
Buffalo, New York 14203
(Call for appointment)

Buffalo & Erie County Public Library
Crane Branch
633 Elmwood Ave
Buffalo, NY 14222

Who to Contact

Comments and questions are always welcome and should be directed as follows:

Project Related Questions:
Jaspal S. Walia
NYS DEC, Division of Environmental Remediation
270 Michigan Ave
Buffalo, NY 14203-2915

Site-Related Health Questions:
Wendy S. Kuehner, P.E.
Public Health Engineer 2
Bureau of Environmental Exposure Investigation
Empire State Plaza, Corning Tower, Room 1787
Albany, NY 12237

For More Information

We encourage you to share this fact sheet with neighbors and tenants, and/or post this fact sheet in a prominent area of your building for others to see.

*Receive Site Fact Sheets by Email

Have site information such as this fact sheet sent right to your email inbox. DEC invites you to sign up with one or more contaminated sites county email listservs available. It's quick, it's free, and it will help keep you better informed.

Site Location

Aerial view of Gates Circle brownfield site location
Aerial view of Gates Circle brownfield site location