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ENB Region 9 Completed Applications 05/11/2016

Cattaraugus County

Applicant:

NYS Office of Parks Rec & Historic Preservation
625 Broadway
Albany, NY 12238

Facility:

Allegany State Park Wetland Enhancement
2373 Rte 1 Red House
Salamanca, NY 14779

Application ID:

9-0478-00017/00001

Permit(s) Applied for:

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

Project is Located:

Red House, Cattaraugus County

Project Description:

The Department has received and made a tentative determination to approve an application for a restoration project in Allegany State Park which seeks to restore native wetland habitat by removing invasive Japanese Knotweed and Reed Canary Grass from New York State Freshwater Wetland RH-1. The plan proposes to disturb an area of 6463 sq. ft. within the wetland, with 2993 sq. ft. of the disturbed area being planted and seeded with native plants, and 2798 sq. ft. being utilized to improve access to the site by building a trail loop which includes a boardwalk, birdblind, and viewing platform. In the adjacent area to Freshwater Wetland RH-1, 19,313 sq. ft. of disturbed area will be seeded and planted with native plants, while 3125 sq. ft. of disturbed area will be utilized for pathways. Also in the adjacent area, 5,351 sq. ft. of disturbed area will be utilized to create potholes to increase open water areas, and another 11,464 sq. ft. will be used to create a parking area for the site.

As a tentative determination the Department is seeking public comments prior to making a final decision on permit issuance.

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:

Cultural resource lists and maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for the project location. 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 May 26, 2016.

Contact:

Kerri L Pickard-Depriest
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Chautauqua County

Applicant:

NYS Dept of Environmental Conservation
625 Broadway
Albany, NY 12233

Facility:

Chautauqua Fish Hatchery
5875 Prendergast Rd
Mayville, NY 14757

Application ID:

9-0628-00098/00003

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Chautauqua, Chautauqua County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 2.49 million gallons of water per day from two groundwater wells and three lakehouse pumps to support fish hatchery operations. The facility has been in operation in its current configuration since 1993. No changes in current operations from recent years are proposed.

The Department has determined that the Facility is eligible for an Initial Permit under Section 15-1501.9 of the Environmental Conservation Law. Initial Permits are limited to existing facilities for existing water withdrawals over 100,000 gallons per day which were properly reported to the Department prior to February 15, 2012. Section 15-501.9 requires the Department to issue Initial Water Withdrawal Permits for the reported volume.

The Department has determined that the issuance of "initial permits" under ECL section 15-501.9 as implemented by 6 NYCRR 601.7 is a ministerial action and therefore subject to the Type II exemption set out in 6 NYCRR 617.5(c)(19).

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 application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 26, 2016.

Contact:

Karyn Hanson
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov


Erie County

Applicant:

Erie County
95 Franklin St
Buffalo, NY 14202 -3904

Facility:

Bailey Peninsula Natural Habitat Park Restoration
Bailey Ave
Buffalo, NY 14202

Application ID:

9-1402-01118/00001

Permit(s) Applied for:

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

Project is Located:

Buffalo, Erie County

Project Description:

The Department has received and made a tentative determination to approve an application for streambank stabilization and habitat restoration at the Bailey Peninsula, located west of Bailey Avenue along the Buffalo River and Cazenovia Creek. The banks of the waterbodies will be stabilized with root wads, coir logs, and plantings and a stormwater outfall located at the point of the peninsula will be protected with boulders, rip-rap, and heavy stone. Work will also include native plantings and herbicide application to enhance habitat. As a tentative determination, the Department is seeking public comment prior to making a final decision on permit issuance.

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: Erie County Dept of Environment & Planning

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. The report of the survey is on file. No archaeological sites or historic structures were identified at the project location. 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 May 26, 2016.

Contact:

Michelle R Woznick
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

Erie County
95 Franklin St
Buffalo, NY 14202 -3904

Facility:

Seneca Bluffs Park
Behind 1670 Seneca St
Buffalo, NY 14202

Application ID:

9-1402-01119/00001

Permit(s) Applied for:

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

Project is Located:

Buffalo, Erie County

Project Description:

The Department has received and made a tentative determination to approve an application for streambank stabilization and habitat restoration at the Seneca Bluffs Park along 2,400 linear feet of the Buffalo River. The riverbank will be stabilized through bank reshaping and the use of bendway weirs, locked logs, root wads, and stone toe protection with tie-back trenches. The project will also include the creation of a floodplain wetland, native plantings and the mechanical and chemical treatment of invasive species. As a tentative determination, the Department is seeking public comment prior to making a final decision on permit issuance.

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: Erie County Dept of Environment & Planning

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. The report of the survey is on file. No archaeological sites or historic structures were identified at the project location. 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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 26, 2016.

Contact:

Michelle R Woznick
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

Bella Vista Group Inc
6495 Transit Rd
Bowmansville, NY 14026 -1049

Facility:

Bella Vista Retail & Restaurant Development
6500 Transit Rd
Cheektowaga, NY

Application ID:

9-1430-00369/00001

Permit(s) Applied for:

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

Project is Located:

Cheektowaga, Erie County

Project Description:

The Department has made a tentative determination to approve an application for the construction of an 18,000 square foot retail building and 6,000 square foot restaurant on a 16.98 acre parcel located at 6500 Transit Road in the Town of Cheektowaga. The project will involve .094 acres of impact to New York State Freshwater Wetland LA-9 and 1.0 acres of impact to the 100 foot regulated adjacent area of New York State Freshwater Wetland LA-9. The wetland and adjacent areas will be mitigated with shrub and tree plantings and restoration of 0.11 acres of previously filled wetland. As a tentative determination, the Department is 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 an 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 an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency: Cheektowaga Town Board

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed and cultural resources were identified. 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 adverse 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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 26, 2016.

Contact:

Bruno A Dibella
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

Curtwright Development Corp
158 Brandywine Dr
Williamsville, NY 14221 -0369

Facility:

Birdhaven Subdivision
0 Heise Rd
Clarence, NY 14031

Application ID:

9-1432-00421/00001

Permit(s) Applied for:

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

Project is Located:

Clarence, Erie County

Project Description:

The Department has made a tentative determination to approve an application to allow disturbance to the regulated adjacent area of New York State Wetland CC-48, and the placement of approximately 100 cubic yards of fill within the adjacent area. The purpose of the project is to create a four lot subdivision located on Heise Road in the Town of Clarence. The disturbance to the adjacent area is to allow for a uniform set-back of the four homes in the subdivision. The fill is needed to backfill the home's foundation walls. Mitigation for the disturbance will include conifer plantings. As a tentative determination, the Department is 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 an 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 an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency: Clarence Town Board

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for the project location. 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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 26, 2016.

Contact:

Mark F Passuite
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

Erie County Water Authority
350 Ellicott Sq Bldg
Buffalo, NY 14203 -2403

Facility:

ECWA Sturgeon Point Outfall
722 Sturgeon Point Rd
Evans, NY 14047

Application ID:

9-1444-00317/00001

Permit(s) Applied for:

Article 34 Coastal Erosion Management
Article 15 Title 5 Excavation & Fill in Navigable Waters
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Evans, Erie County

Project Description:

The Department has made a tentative determination to approve an application for the rehabilitation of an existing deteriorating outfall structure for the Sturgeon Point Wastewater Treatment Plant on the shoreline of Lake Erie. The project will include installation of new concrete toe block, slope regrading and armoring and installation of a drainage layer. As a tentative determination, the Department is 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 an 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 application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 26, 2016.

Contact:

Mark F Passuite
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Applicant:

Enbridge Energy Limited Partnership
1409 Hammond Ave
Superior, WI 54880

Facility:

Enbridge Pipelines Line 10
Grand Island to W Seneca
Grand Island to W Seneca, NY

Application ID:

9-1499-00081/00013

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 applicant proposes to excavate areas approximately 14 feet wide, 40 feet long, and up to 10 feet deep to inspect and, if necessary, repair sections of pipeline at 4 mileposts in the Town of Amherst. The proposed work area is within New York State regulated Freshwater Wetland BN-1 and its regulated 100 foot adjacent area. All work will be performed along the pipeline right-of-way, within permanent easements, and all disturbed areas will be seeded and mulched. Proper sedimentation and erosion controls will be utilized to maintain the water quality of the wetland.

The Department has made a tentative determination to approve this application. As a tentative determination, the Department is seeking public comment prior to making a final decision on permit issuance.

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:

Evaluation using a Structural-Archaeological Assessment Form or other information has concluded that the proposed activity will not impact registered, eligible or inventoried archaeological sites or historic structures.

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 May 26, 2016.

Contact:

Lisa M Czechowicz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


Niagara County

Applicant:

Willowbrook Golf Course
4200 Lake Avenue
Lockport, NY 14094 -1163

Facility:

Willowbrook Golf Course
4200 Lake Ave
Lockport, NY 14094

Application ID:

9-2926-00051/00005

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Lockport, Niagara County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 1,000 gallons per minute of water from the East Branch of 18 Mile Creek for golf course irrigation. The facility has been in operation for decades. No changes in current operations from recent years are proposed.

The Department has determined that the Facility is eligible for an Initial Permit under Section 15-1501.9 of the Environmental Conservation Law. Initial Permits are limited to existing facilities for existing water withdrawals over 100,000 gallons per day which were properly reported to the Department prior to February 15, 2012. Section 15-501.9 requires the Department to issue Initial Water Withdrawal Permits for the reported volume.

The Department has determined that the issuance of "initial permits" under ECL section 15-501.9 as implemented by 6 NYCRR 601.7 is a ministerial action and therefore subject to the Type II exemption set out in 6 NYCRR 617.5(c)(19).

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 application type is exempt and/or the project involves the continuation of an existing operational activity.

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 May 26, 2016.

Contact:

Karyn Hanson
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov


Wyoming County

Applicant:

Town of Attica
700 Rte 98
Attica, NY 14011 -9601

Facility:

Tonawanda Creek Stabilization
663 Creek Rd
Attica, NY 14011

Application ID:

9-5622-00084/00001

Permit(s) Applied for:

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

Project is Located:

Attica, Wyoming County

Project Description:

Stabilization of approximately 800 linear feet of Tonawanda Creek, as well as shaping and grading of the channel and streambank, and armoring of the west bank due to erosion. This will help maintain the structural integrity of storage buildings and alleviate the potential for an access road to be threatened.

The Department has made a tentative determination to approve this application and is seeking public comment prior to making a final decision on permit issuance.

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 application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 26, 2016.

Contact:

Lynne J Judd
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


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