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ENB Region 9 Completed Applications 07/11/2012

Erie County


Niagara County Produce
8555 Transit Rd
East Amherst, NY 14051


Niagara County Produce
8555 & 8595 Transit Rd & 8035 Tonawanda Crk Rd (Expansion of Original Parcel)
East Amherst, NY 14051

Application ID:


Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 17 Titles 7 & 8 P/C/I SPDES- Groundwater Discharge
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Clarence, Erie County

Project Description:

The Department has received wetland and wastewater discharge permit applications for the reconstruction and expansion of the Niagara County Produce market at its existing location on Transit Road in the Town of Clarence.

The proposed project involves demolition of the existing structures and construction of a new, expanded food market, greenhouse and warehouse, as well as stormwater detention facilities, a septic field and an access drive to Tonawanda Creek Road. Construction of the new facility involves impacts to 1.91 acres of NYS regulated freshwater wetland CC-41 and 0.4 acres of regulated adjacent area. Proposed mitigation for wetland and adjacent area impacts includes installation of amphibian crossings and trees along the proposed access drive to Tonawanda Creek Road and purchase of acre-credits at the Raymond Road Mitigation Bank at a 2:1 ratio. The project also includes a septic system with a design discharge of 1,045 gallons per day of treated sanitary wastewater from a grease and septic tank, sand filter and absorption field system to groundwaters.

The Department has made a tentative determination to approve these applications. As a tentative determination, the Department is seeking public comment prior to making a final decision on permit issuance. A draft SPDES wastewater discharge permit is available for review.

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 a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: Clarence Town Planning 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 Aug 10, 2012.


Lisa Porter
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203

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