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ENB Region 9 Completed Applications 10/20/2010

Erie County


Spaulding Green LLC
5684 Glen Brook Ct
Clarence Center, NY 14032


Spaulding Green Subdivision
Goodrich Rd - E Side - 500 Ft S of Boxwood Dr
Clarence Center, NY 14032

Application ID:


Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance

Project is Located:

Clarence, Erie County

Project Description:

The applicant proposes construction of a 381 unit residential subdivision on a 370 acre parcel with 185 acres reserved for open space. The project will impact 3.72 acres of federal wetland, 0.04 acre of State regulated Freshwater Wetland CL-26 and 0.52 acre of the State wetland's 100-foot-wide adjacent area. The project also includes widening of an unnamed Gott Creek tributary to assist in stormwater drainage. A 1.07 acre mitigation area will consist of 75 trees and 160 shrubs plantings. Per Commissioner Policy Number 42 (Contact, Cooperation, and Consultation With Indian Nations), the Department has consulted with the Seneca Nation of Indians and the Tonawanda Seneca Nation regarding cultural resources. Archaeological mitigation measures are presented in the Programmatic Agreement developed for this project under federal Section 106 Historic Preservation regulations. Issues or questions related to specifics of the Programmatic Agreement should be addressed to the U.S. Department of the Army Corps of Engineers, Buffalo District Office at (716) 879-4330.

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: Clarence Town Board

State Historic Preservation Act (SHPA) Determination:

Based on the information provided in cultural resources survey reports for this project, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have an impact on registered or eligible archaeological sites or historic structures. Measures have been undertaken in consultation with OPRHP to avoid or mitigate impacts to registered or eligible resources. These agreed upon measures conclude the SHPA review.

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 Nov 04, 2010.


Denise C Matthews
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203

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