Public Notice

Amendments of the Final Freshwater Wetlands Maps for Erie County

Subsequent to the promulgation of the final Freshwater Wetlands Maps for Erie County on September 10, 1986, DEC Region 9 Staff found two inaccuracies affecting Map 11 of 31. Having fully investigated these sites, Staff sent notice of the proposed amendments to the affected landowners and published notice in local newspapers and in the ENB. DEC Staff reviewed public comments received during the comment period and no public hearing was held. Upon review of Staff's findings and recommendations relative to this matter, the Commissioner was satisfied that Staff appropriately responded to all oral and written comments on the proposed amendments, and that Staff's recommendations were consistent with the requirements of the Freshwater Wetlands Act and supported by the record. The Commissioner ordered that CR-29 and CR-30 be added as Class III wetlands to Map 11 of 31 for Erie County, effective March 31, 2000. A copy of the amended final maps will be filed with the office of the clerk of each affected local government and in the Department's Region 9 office.

Contact: Mark Kandel, NYSDEC, 270 Michigan Avenue, Buffalo, NY 14203 at 716 851-7010.

Negative Declaration

Regionwide - The New York State Department of Environmental Conservation, as lead agency, has determined that the proposed Level 3 Communications, LLC, Cleveland, Ohio to Buffalo, New York - City Pair Project Intercity Underground Fiber Optic Cable for an interstate communications system will not have a significant adverse environmental impact. The action involves the installation of approximately 70 miles of 12 inch diameter underground conduit (fiber optic cable) for interstate communications to be buried 42 inches in existing Norfolk Southern Railroad right-of-way (ROW), New York and Lake Erie Railroad ROW, Buffalo Southern Railroad ROW (50.3 miles) and state and local transportation highway ROW (20.2 miles). The project components include the installation of 12, 1 1/4" high density polyethylene 9HPDE) innerducts, fiber optic cables and access handholes. The project also requires an In-Line Amplification Station, consisting of pre-fabricated buildings and an access driveway, to be located on a 5 acre parcel on State Route 39 in Town of Sheridan, New York Construction activities associated with installing the fiber optic conduit will include selective clearing in limited areas of the construction ROW, installing soil erosion and sediment control measures, locating utilities, plowing or trenching the innerduct into the sub-grade, rock-sawing subsurface material (limited to areas of bedrock), horizontal directional drilling, and use of a high pressure blower to push fiber optic cable into the innerduct. Once the conduit and cable are installed (about 1 1/2 miles per day), the construction ROW will be restored to pre-construction conditions. All soil disturbance activities will be limited to a narrow work zone, approximately 15 feet in width. Project location - The conduit line crosses 21 municipalities in three counties from the state border at Ripley to the City of Buffalo. As the Level 3 line enters New York State and enters Chautauqua County, it will proceed along the Norfolk Southern Railroad ROW in a northeasterly direction to the Town of Dunkirk at Middle Road; then continue northeast and south along local road ROW on Middle, Cook, Airport and Newell Roads in the Towns of Dunkirk and Sheridan, turn east onto the New York State Route 39 ROW from the Town of Sheridan to Stafford Road in the Town of Perrysburg, continue east on Stafford Road (a local road) ROW in Perrysburg and West Hill Road ROW in the Village of Gowanda, then turn north along the New York and Lake Erie Railroad ROW in Gowanda (Cattaraugus County) and the Buffalo Southern Railroad ROW (Erie County) to the Tift Railroad Yard in the City of Buffalo.

Notice of Complete Application for this project appeared in the Environmental Notice Bulletin of March 22, 2000.

Contact: Penny Dempsey, Program Aide, Division of Environmental Permit, 270 Michigan Avenue, Buffalo, NY 14203-2999 (716) 851-7165.

Allegany County - The New York State Department of Environmental Conservation, as lead agency has determined that the proposed Hanging Bog Wildlife Management Area, Stands 39 and 40 will not have a significant adverse environmental impact. The action involves silviculturally clear-cutting 43 acres to restore low forest growth to favor shade-intolerant plant and animal species. The 43 acres is split into 7 blocks and the clear-cutting will take place in an area of predominantly mature hardwood forest. Some desired favored species will be white ash, northern red oak, black cherry, rubus, eastern white pine, ruffed grouse, turkey, chestnut-sided warbler, hooded warbler, black-throated blue warbler and indigo bunting. Other species will also benefit - whitetail deer, black bear, gray foxes and varying hare will also use these areas. These blocks are being cut as part of a 40-year plan to create a variety of stand ages and conditions. The first set of clear-cut blocks were cut 12 years ago and the desired plant and animal species were favored with no significant environmental impact. Plant regeneration, including many species, has been very abundant.. The project is located Five miles south of the Hamlet of Rushford, Town of New Hudson.

Contact: Kenneth Kasprzyk, NYS DEC, 128 South Street, Olean, NY 14760 (716) 372-0645.

Niagara County - The Town of Cambria, as lead agency, has determined that the proposed Sansone Planned Development District will not have a significant adverse environmental impact. The action involves the re-zoning of 15.2 acres of land from Ag-Residential to Planned Development District for the ultimate demolition of 12 structures and the phased development of Residential, Commercial and Public uses. The project is located between Diller Road, Saunders Settlement Road and Shawnee Road, Town of Cambria.

Contact: Randy D. Roeseler, Wendel, Suite 100, 95 John Muir Drive, Buffalo, NY 14228, (716) 688-0766.

Notice of Acceptance of Final EIS

Cattaraugus County - The New York State Department of Environmental Conservation, as lead agency has accepted a final Environmental Impact Statement on the proposed Frew Run Gravel Products, Inc. Mine Expansion. The action involves the addition of 60 acres to the current 13.8 acre permitted Frew Run Sand and Gravel Mine. The proposal includes mining above and below the local ground water table on both the new area and part of the existing mine area, resulting in a 39 acre lake up to 50 feet deep. Mine faces are planned to be reclaimed by sloping, terracing and revegetating to grasses. The remainder of the site would be reclaimed to land suitable for farming. Material processing is currently by a wash that recycles process water. No changes in material processing, stockpiling and the hauageway, have been proposed.

Project Location: The existing mine is located north of Frew Run Road, Chautauqua County Route 80, opposite the Bain Road intersection. The expansion area is located east of the existing mine, between the current mine boundary and Peterson Road.

Contact Person: Kenneth Taft, NYS Department of Environmental Conservation, 128 South Street, Olean, NY 14760-3632, (716) 372-0645.