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ENB Region 9 Completed Applications 11/14/2012

Erie County

Applicant:

Kevin J Pilon

Facility:

Pilon Property
17 Burgundy Ter
Amherst, NY 14228

Application ID:

9-1422-00556/00001

Permit(s) Applied for:

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

Project is Located:

Amherst, Erie County

Project Description:

The applicant proposes to install a 6 foot high stockade fence that extends approximately 270 linear feet into New York State Wetland TE-17 and its regulated 100 foot wide adjacent area. The proposed project area is located at 17 Burgundy Terrace in the Town of Amherst. The Department has made a tentative determination to approve this application and seeking comments on the proposed regulated activity prior to making a final decision on permit issuance. As such, this tentative determination does not signify Department approval for or endorsement of the activity for which a permit is sought.

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 not subject to SEQR because it is a Type II action.

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 Nov 29, 2012.

Contact:

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


Applicant:

New York Power Authority
123 Main St
White Plains, NY 10601

Facility:

Frog Island Wetland Restoration HIP
Upper Niagara River Btwn Motor Island & Strawberry Island
Grand Island, NY 14072

Application ID:

9-1446-00673/00001

Permit(s) Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Grand Island, Erie County

Project Description:

The proposed wetland restoration project is located within the Tonawanda Channel of the Niagara River in the Town of Grand Island, Erie County within a shallow, essentially unvegetated portion of the river referred to as "Frog Island". The project will provide considerable habitat improvements that will enhance the ecological function and values by restoring submerged aquatic vegetation (SAV) and emergent marsh vegetation to the former island/wetland area.

The proposed project involves construction of a low-profile stone berm around the perimeter of the project area to protect new interior shallow marsh and pool habitat from wave action and ice scour. Portions of the berm will be slightly elevated, while several shallow channels through the berms will enhance freshwater exchange. The interior area will be excavated and graded to provide two deep flow-through channels with submerged aquatic vegetation and boulder fish attraction structures. Deep habitat will transition to shallow emergent marsh, then to areas of scrub-shrub. Coarse substrate and fish attraction boulders will be used to provide cover for fish. Logs will be placed in several interior areas to dampen wave energy and provide cover and basking habitat. Scrub-shrub areas will be established on the higher elevations of the interior hummocks and exterior low-profile berms. Native plantings will be used throughout the restoration effort, including SAV in the persistently inundated areas, marsh communities in the areas that are periodically inundated and exposed, and scrub-shrub vegetation in the rarely inundated portions.

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:

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 located in a Coastal Management area and is 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, 2012.

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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