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ENB Region 9 Completed Applications 05/24/2017

Erie County


Town of Orchard Park
4295 S Buffalo St
Orchard Park, NY 14127


Bussendorfer Drainage Ditch
Willowbrook Dr to Bussendorfer Rd
Orchard Park, NY 14127

Application ID:


Permit(s) Applied for:

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

Project is Located:

Orchard Park, Erie County

Project Description:

The Department has made a tentative determination to approve an application for the proposed construction of a 236,425 sq. foot storm water retention pond and enhancement of approximately 800 linear feet of ditch. The project will impact .51 acres of NYSDEC Wetland BU-12 and 3.04 acres of its regulated adjacent area. As for mitigation for these impacts the Town is proposing creation of approximately 1.02 acres of wetland and 3.07 acres of adjacent area enhancement. 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: Orchard Park 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 Jun 08, 2017.


Bruno A Dibella
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203

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