ENB Region 9 Completed Applications 11/14/2007
95 Franklin St
Buffalo, NY 14202 -3904
Freeman's Pond Dam
Orchard Park, NY 14127
Permit(s) Applied for:
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Dam
Project is Located:
Orchard Park, Erie County
The applicant proposes to reconstruct Freeman's Pond Dam in conjunction with replacing the bridge that carries Freeman Road (CR 369) over a tributary of Smokes Creek. The dam is located immediately upstream of the bridge. The proposed improvements will allow the structure to pass 100-year storm flows without overtopping Freeman Road. The new bridge will be constructed on the same alignment as the existing one, but will be raised approximately 1.8 ft. The Dam spillway height will remain the same. The dam will continue to be regulated as a Hazard Class "B" structure.
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 an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.
SEQR Lead Agency: Erie County Dept of Public Works
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. 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 no impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required.
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 29, 2007.
Mark F Passuite
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203