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ENB Region 9 Completed Applications 08/26/2009

Erie County

Applicant:

Ciminelli Development Co
350 Essjay Rd Suite 101
Williamsville, NY 14221 -8200

Facility:

Muir Woods Development
1081 & 1121 N French Rd
Getzville, NY 14221

Application ID:

9-1422-00398/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Amherst, Erie County


Project Description:

Construction of a mixed-use project named "Muir Woods" consisting of approximately 1,002,420 square feet of commercial office, research and development space, mixed-use commercial retail as well as approximately 74 residential units consisting of townhomes and/or single-family homes; and gas, electric, sanitary, potable water and storm water service lines (the necessary infrastructure), while maintaining open space on approximately 224 acres in the Audubon New Community District. The Muir Woods project property is a 326 acre site bounded by the Lockport Expressway (Interstate Route 990) and Dodge Road on the south, Sweet Home Road on the west, North French Road on the north and Campbell Boulevard on the east. The project will result in permanent impacts to approximately 10.98 acres of State regulated wetlands (TE-22, TE-33 and TE-34), 13.46 acres of State regulated 100 foot wide wetland adjacent area, and approximately 19.12 acres of Federally jurisdictional wetlands and other waters of the United States (including a Town maintained ditch relocation). The State and Federal wetland impacts are not cumulative, and contain several wetland areas which have overlapping jurisdiction. The affected State regulated wetlands, TE-22, TE-33 and TE-34 are class II wetlands. Impacts to State regulated wetlands and adjacent areas are due to construction of commercial retail/research and development space and roads. Mitigation for State wetland impacts is proposed at a ratio of 5:1 - five acres of wetland creation for each acre of wetland impact (3:1 for Federal wetland impacts). 26.917 acres of in-kind and out-of-kind wetlands will be created on-site in seven areas to replace the functions and benefits of the impacted wetlands. There will be 4.3 acres of stream channel enhancement on-site as mitigation for State wetland adjacent area impacts. Off-site mitigation consisting of a 64.999 acre habitat complex of which 27.37 acres will be created forested wetland with 15.20 acres of maintained upland buffer, is proposed on private farmland , on the north side of Miland Road, just west of its junction with Sand Hill Road in the Town of Newstead.

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:

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

SEQR Lead Agency: Amherst Town Board

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.

Coastal Management:

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 Sep 10, 2009.

Contact:

Jeffrey E Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Applicant:

Town of Grand Island
2255 Baseline Rd
Grand Island, NY 14072 -1710

Facility:

Grand Island Water Treatment Plt
318 Baseline Road
Grand Island, NY 14072

Application ID:

9-1446-00014/00003

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Grand Island, Erie County


Project Description:

The installation of approximately 1600 linear feet (lf) of 16 inch PVC transmission main from the Grand Island Water Treatment Plant, located at 318 Baseline Road, east along Franklin Street to Baseline Road, north along Baseline Road to Ferry Road where it will tie in to an existing waterline. The alternate plan proposed is to continue this transmission main an additional 1200 lf north to Bush Road for a total length of approximately 2800 lf.
NYS Freshwater Wetland BW-5 is located on the east side of Baseline Road. The installation will be on the west side of the road, however, it will be within the regulated 100-foot-wide adjacent area of Freshwater Wetland BW-5.

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:

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 not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

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 Sep 10, 2009.

Contact:

Mark F Passuite
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


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    NYS DEC
    Division of Environmental Permits
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    Albany, NY 12233-1750
    518-402-9167
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