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ENB Region 9 Completed Applications 02/03/2021

Erie County

Applicant:

Rane Property Management LLC
1325 Millersport Hwy
Williamsville, NY 14221

Facility:

Palumbo Property
3455 Niagara Falls Blvd
Amherst, NY 14228

Application ID:

9-1422-00587/00003

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 Department has received and made a tentative determination to approve an application for construction of mixed-use development project consisting of two 5-story buildings, parking, a stormwater retention pond and associated infrastructure at 3455 Niagara Falls Boulevard in the Town of Amherst. The proposed project will impact approximately 4.93 acres of NYS regulated Freshwater Wetland (FWW) TE-45 and approximately 1.18 acres of the regulated 100-foot adjacent area of FWW TE-45. As mitigation for these impacts, 9.86 acres of wetland will be created an at off-site location, to be protected through deed restriction, and 150 native trees and shrubs will be planted around the outer perimeter of the project footprint to provide a vegetative buffer between the development and FWW TE-45. 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: Amherst Town Planning Board

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 Feb 18, 2021.

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:

Anthony D Certo

Facility:

Certo Property
3787 Lower River Rd
Porter, NY 14092

Application ID:

9-2934-00293/00005

Permit(s) Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters

Project is Located:

Porter, Niagara County

Project Description:

The Department has made a tentative decision to approve an application for the placement of 123 linear feet of stone for erosion control along the Niagara River. The project will include the placement of medium stone fill atop a layer of light stone fill and surge stone and the planting of vegetation on the upper bank. Approximately 90 cubic yards of fill will be placed below the mean high water level. 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 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 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 Feb 18, 2021.

Contact:

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


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