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ENB Region 9 Completed Applications 03/15/2017

Erie County


Erie County
95 Franklin St
Buffalo, NY 14202 -3904


Evans Multi Use Pathway
Old Lake Shore Rd
Evans, NY

Application ID:


Permit(s) Applied for:

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

Project is Located:

Evans, Erie County

Project Description:

The Department has received and made a tentative determination to approve an application for the construction of 1.2 miles of multi-use trail that includes sections of off-road extended trail, boardwalk, and on-road shared trail. These sections are routed from Roat Drive, through Wendt Beach Park, and will end at the Lakeshore Road and Sturgeon Point Road intersection. Portions of the boardwalk will be routed through New York State Freshwater Wetland AN-3 and its 100 foot regulated adjacent area. A culvert on an unnamed NYSDEC Class B waterbody crossing Lakeshore Road near Roat Drive will be replaced with a concrete box culvert. Approximately 81 trees will be removed from the total project area.

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 performed.

SEQR Lead Agency: Erie County Dept of Environment & Planning

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 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 Mar 30, 2017.


Kerri L Pickard-Depriest
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203

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