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ENB - Region 9 Notices 7/8/2009

Negative Declaration

Erie County - The Town of Amherst Town Board, as lead agency, has determined that the proposed Tonawanda Creek Waterline Replacement will not have a significant adverse environmental impact. The action involves the replacement of approximately 11,500 linear feet of 8 inch diameter cast iron watermain along Tonawanda Creek Road with new 8 inch ductile iron watermain. The new watermain will include 20 new fire hydrants, 32 gate valves and new service connections. Most improvements will be within the existing roadway shoulder; when this is not possible, right-of-way and utility easements will be used. The petitioner is the Town of Amherst Engineering Department, 1100 North Forest Road, Williamsville, NY 14221. The project is located on the Tonawanda Creek Road between Sweet Home Road and Campbell Boulevard in the Town of Amherst, New York.

Contact: Eric W. Gillert, Town of Amherst, 5582 Main Street, Williamsville, NY 14221, Phone: (716) 631-7051, E-mail: planning@amherst.ny.com.


Erie County - The Town of Amherst Town Board, as lead agency, has determined that the proposed Rezoning of 3750 and 3800 Millersport Highway and 2360 Hopkins Road will not have a significant adverse environmental impact. The action involves the request by the petitioner, Uniland Development Company, 100 Corporate Parkway, Suite 500, Amherst, NY 14226, to rezone three parcels totaling 10.35 ± acres from Suburban Agriculture (SA) to Office Building (OB). The rezoning would allow construction of a maximum three-story, 150,000 ± square foot office building with associated parking and one driveway to Millersport Highway. The project is located on the west side of Millersport Highway between Crosspoint Parkway and Hopkins Road at 3750 and 3800 Millersport Highway and 2360 Hopkins Road in the Town of Amherst, New York.

Contact: Eric W. Gillert, Town of Amherst, 5582 Main Street, Williamsville, NY 14221, Phone: (716) 631-7051, E-mail: planning@amherst.ny.com.


Erie County - The Town of Amherst Town Board, as lead agency, has determined that the proposed Site Plan Review - Proposed Retail and Apartment Development will not have a significant adverse environmental impact. The action involves a proposed development which includes construction of 15 first floor retail units (21,194 ± square foot total) and 12 second floor apartment units in seven (7) buildings on a 5.3 ± acre site. Ransom Creek is located in the northern portion of the development site, and its floodway extends onto the property. A drainage swale is proposed from the sand filter in the northeast corner of the site to Ransom Creek. In addition, there is approximately 0.68 acre of federal jurisdictional wetlands on the property. The petitioner is 4900 North French, LLC, 9368 Transit Road, East Amherst, NY 14051. The project is located on the north side of North French Road, 470 ± ft. west of Transit Road at 4750 and 4900 North French Road, 2769 Dodge Road and 9730 Transit Road in the Town of Amherst, New York.

Contact: Eric W. Gillert, Town of Amherst, 5582 Main Street, Williamsville, NY 14221, Phone: (716) 631-7051, E-mail: planning@amherst.ny.com.


Erie County - The Town of Amherst Town Board, as lead agency, has determined that the proposed Site Plan Review - Jewish Community Center of Greater Buffalo will not have a significant adverse environmental impact. The action involves a modification to the existing Jewish Community Center of Greater Buffalo facility. The site measures 10.6 ± acres and the southerly parcel boundary is adjacent to Ellicott Creek. The applicant proposes to demolish approximately 15,150 square feet of the existing structure and construct a new drop-off area with canopy. The existing parking lot will be reconfigured to add 87 additional spaces while eliminating the existing paved areas adjacent to Ellicott Creek which are proposed to be replaced with lawn area. The petitioner is the Jewish Center of Greater Buffalo, c/o Benderson Development Co., LLC, 570 Delaware Avenue, Buffalo, NY 14202. The project is located on the west side of North Forest Road, 1200 ± feet northwest of its intersection with John James Audubon Parkway at 2640 North Forest Road in the Town of Amherst, New York.

Contact: Eric W. Gillert, Town of Amherst, 5582 Main Street, Williamsville, NY 14221, Phone: (716) 631-7051, E-mail: planning@amherst.ny.com.


Erie County - The Buffalo City School District, as lead agency, has determined that the proposed Buffalo Public Schools: Phase IV Modernization, Reconstruction, and Improvements Project will not have a significant adverse environmental impact. The action involves the interior and exterior renovations and improvements at ten schools within the Buffalo Public Schools System (D'Youville Porter Campus (BPS # 03), Early Childhood Center (BPS # 17), Dr. George Blackman School of Excellence (BPS # 54), Lorraine Academy (BPS # 72), School 81 (BPS # 81), Erie County Health Center for Children (BPS # 84), Southside Elementary School (BPS # 93), Math, Science & Technology School (BPS # 197/306), Olmsted 5-12 at Kensington (BPS # 203), and McKinley Comp. High School of Choice (BPS # 305)).

Phase IV improvements include additions to 8 of the 10 schools. The Phase IV renovations include upgrading of the mechanical, electrical, plumbing, fire alarm, facilities management, communication, and security systems. Where required, interior spaces will be re-configured to meet current program needs, comply with all Code regulations, comply with accessibility issues (ADA) and utilize a standardized District Wide Technology (DWT) program and energy performance upgrades. Interior finishes on the floors, ceilings, and walls will be upgraded along with new fixtures. The project also calls for exterior renovations including brick re-pointing, roofing repairs, window upgrades, general cleaning, and chimney modifications. Site renovations will include maximizing parking lot configurations, upgrading of sidewalk and entrance areas (accessibility) and general landscape modernization. The project is located at the following schools in the City of Buffalo, New York:

D'Youville Porter Campus
Buffalo Public Schools No. 03
225 Porter Avenue
Buffalo, New York 14201

Erie County Health Center for Children
Buffalo Public School No. 84
462 Grider Street
Buffalo, New York 14215

Early Childhood Center
Buffalo Public School No. 17
1045 West Delavan Avenue
Buffalo, New York 14209

Southside Elementary School
Buffalo Public School No. 93
430 Southside Parkway
Buffalo, New York 14210

Dr. George Blackman School of Excellence
Buffalo Public School No. 54
2358 Main Street
Buffalo, New York 14214

Math, Science & Technology School
Buffalo Public School No. 197-306
666 East Delavan Avenue
Buffalo, New York 14215

Lorraine Academy
Buffalo Public School No. 72
71 Lorraine Avenue
Buffalo, New York 14220

Olmsted 5-12 at Kensington
Buffalo Public School No. 203
319 Suffolk Street
Buffalo, New York 14215

Buffalo Public School No. 81
140 Tacoma Avenue
Buffalo, New York 14216

McKinley Comp. HS of Choice
Buffalo Public Schools No. 305
1500 Elmwood Avenue
Buffalo, New York 14215

Contact: Joseph Giusiana, Buffalo City School District, 65 Niagara Square, Room 403-406 City Hall, Buffalo, New York 14202, Phone: (716) 816-3562



Positive Declaration

Erie County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Waterman Gravel Mine Expansion may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves the expansion of the Waterman Gravel Mine, including mining of land (approximately 8.2 acres) adjacent to the previously approved mining area (44 acres). In addition, the excavation depth of the entire mining area is proposed to be approximately 50 feet below the groundwater table. The modification request also includes the addition of a wash plant to the presently permitted crushing and screening operations. The presently approved agricultural reclamation plan is proposed to be changed from agricultural reuse of the land, to the creation of a lake, with a surface area of approximately 38.2 acres and a depth of 50 feet. The project is located on Route 240 (Vaughn Street), in the Town of Concord, New York.

Contact: Mark F. Passuite, NYS DEC - Region 9, 270 Michigan Avenue, Buffalo, NY 14203, Phone: (716) 851-7165, E-mail: R9DEP@gw.dec.state.ny.us.


Notice of Acceptance of Draft SEIS and Public Hearing

Wyoming County - The Town Board of Perry, as lead agency, has accepted a Draft Supplemental Environmental Impact Statement on the proposed Diary Hills Wind Project. A public hearing on the Draft SEIS will be held on August 10, 2009 at 7:00 p.m. at the Perry High School Auditorium, 33 Watkins Avenue, Peerry, NY. Written comments on the Draft SEIS will be accepted until August 31, 2009. A hard copy of the DSEIS is available at the Town Clerk's Office, Town of Perry, 22 South Main Street, Perry, NY 14530. The online version of the DSEIS is available at the following publically accessible web site: www.dairyhillswind.com.

The action originally involved the proposal to develop an approximately 120 megawatt wind-powered generating facility in the Towns of Perry, Covington, and Warsaw. The Project was anticipated to include approximately 60 wind turbines, each with a generating capacity of 2.0 megawatts. In response to shifting landowner participation, to impact reduction and avoidance measures undertaken by the Project Sponsor, and to comments received from the public and the Town of Perry, the Project Sponsor has since proposed removal of 22 turbines from the Project layout. The redesigned and modified Project currently proposes development of a wind-powered generating facility within the Towns of Perry and Covington, consisting of up to 38 wind turbines, each with a maximum or nameplate capacity of 2.1 megawatts resulting in nameplate capacity of 79.8 megawatts. The Town of Warsaw is not longer a host community involved in the proposed Project.

The Supplement to the Draft Environmental Impact Statement describes the Project changes since the publication of the Draft Environmental Impact Statement. The Supplement describes changes to the Project description, impacts, benefits, and proposed mitigation as a result of the redesign and reduction of the Project layout. The Supplement summarizes studies or information prepared in support of the supplemented analysis and appends newly created support studies or information prepared since publication of the Draft EIS in 2006. The Supplement also includes an expanded analysis of alternatives. The project is located in the Towns of Perry and Covington, New York.

Contact: James Brick, Town of Perry, 22 South Main Street, P.O. Box 205, Perry, NY 14530, Phone: (585)237-2241, ext. 12.


Notice of Acceptance of Final EIS

Niagara County - The City of Niagara Falls City Council, as lead agency, has accepted a Final Environmental Impact Statement on the proposed City of Niagara Falls' Proposed Comprehensive Plan and Zoning Ordinance Amendments. A hard copy of the FEIS is available at Niagara Falls City Clerk, 745 Main Street, Room 114, Niagara Falls NY 14301 (Monday - Friday, 8:00 a.m. - 4:00 p.m.) The online version of the FEIS is available at the following publically accessible web site: http://www.niagarafallsusa.org/.

The action involves a recommendation by the Planning Board to the City Council for adoption of a new Comprehensive Plan and proposed amendments to the City of Niagara Falls Zoning Ordinance designed to implement the Comprehensive Plan. The proposed Plan is based upon citizen participation in an open planning process dating back until at least 2003. The general intent of the Plan is to guide the physical revitalization of City of Niagara Falls neighborhoods and districts and to foster economic development within the City.

Part I of the Plan discusses the City's current urban and economic context and the challenges, opportunities and major economic drivers for the City. Part II of the Plan identifies specific planning policies with respect to land use, historic resources, built environment, environmental and open space resources, transportation, economic development and tourism, housing, brownfield / greyfield development and waterfront development. Part III of the Plan outlines key policy changes and institutional improvements necessary to implement the plan.

Pursuant to the proposed Plan, the proposed Zoning Amendments are intended to harmonize City zoning regulations with historic development patterns within the city's residential areas and establish new opportunities for growth and enhancement in core commercial areas.

The proposed adoption of the Plan and related Zoning Amendments will not directly result in any building activity or otherwise directly affect the environment in the City of Niagara Falls. However, the strategies and policies set forth in the Plan and the related Zoning Amendments are expected to have a significant beneficial impact on the City by ensuring that economic revitalization efforts proceed.

The project is located throughout the City of Niagara Falls, New York.

Contact: Thomas J. DeSantis, City of Niagara Falls, 745 Main Street, P.O. Box 69, Niagara Falls, NY 14302-0069, Phone: (716) 286-4477, E-mail: desantis@nfez.org.



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