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ENB Region 9 Notices 5/19/2021

Negative Declaration Rescinded - Unlisted, Uncoordinated Review

Niagara County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has rescinded its Negative Declaration issued in connection with 4660 Witmer Road LLC's application for an Air State Facility permit for construction and operation of a counter-flow drum hot mix asphalt plant in the Town of Niagara. Pursuant to 6 NYCRR 617.7(f), a lead agency must rescind a negative declaration before issuing a final decision on an application if new information is discovered. New information was received by NYS DEC upon learning of the Town of Niagara's April 7, 2021 rescission of its Negative Declaration for the 4660 Witmer Rd LLC proposal and the presence of an Environmental Justice (EJ) Area in the affected area of the project.

The permit application will remain incomplete until an EJ Public Participation Plan is submitted by the applicant and accepted by NYS DEC and the State Environmental Quality Review Act (SEQRA) process has concluded.

The project is located at 4660 Witmer Road in the Town of Niagara, New York.

Contact: Kerri Pickard-DePriest, NYS DEC - Region 9 Office, Division of Environmental Permits, 270 Michigan Avenue, Buffalo, NY 14203, Phone: (716) 851-7165, E-mail:

Negative Declaration

Chautauqua County - The Town of Dunkirk Town Board, as lead agency, has determined that the proposed UISC Cold Storage Warehouse will not have a significant adverse environmental impact. The action involves a proposal by USIC to build a 181,920 square foot cold storage warehouse with 24,696 pallet positions for food storage. The building will be able of storing products down to a temperature of negative 20*F and will serve as a distribution warehouse. The project is located on Arrowhead Drive in the Town of Dunkirk, New York.

Contact: James E. Crowell, Town of Dunkirk, 2773 Route 20, Sheridan, NY 14135, Phone: (716) 680-5468, E-mail:

Niagara County - The Village of Barker, as lead agency, has determined that the proposed Village of Barker Municipal Building Facility Replacement will not have a significant adverse environmental impact. The Village of Barker's Village Hall and Public Library municipal building caught fire and burned to the ground in January 2019. The former building, a repurposed railroad depot originally known as the Somerset Station and later known as the Barker Station, was constructed around 1900. The Village is proposing to reconstruct the Village Hall and Library within a combined new facility on the same site in order to replicate the facility that was lost. The new building will consist of an approximately 4,500 square foot single-story wood framed structure. The project is located at 8708 Main Street in the Village of Barker, New York.

Contact: Aaron Nellist, Village of Barker, 1697 East Avenue, Barker, NY 14012, Phone: (716) 628-2578, E-mail:

Wyoming County - The Town of Castile Planning Board, as lead agency, has determined that the proposed SunEast Highview Solar will not have a significant adverse environmental impact. The action involves a proposal by the applicant, SunEast Highview Solar, for a solar energy facility that will generate up to 20 megawatts (MW) of renewable energy in the Town of Castile, New York. The proposed project is located on four undeveloped parcels off of Middle Reservation Road and Hathaway Road in the Town of Castile (note there is a residence with two associated buildings in one of the parcels), with a project footprint of approximately 234 acres. A substation or switching station will connect the facility to the designated point of interconnection (POI), the design of which will determined by New York State Electric & Gas Corporation's (NYSEG) requirements.

Contact: Eric Parker, Town of Castile, 53 North Main Street, P.O. Box 179, Castile, NY 14427, Phone: (585) 493-2233, E-mail:

Conditioned Negative Declaration

Erie County - The Town of Evans Planning Board, as lead agency, has determined that the proposed Grandview Bay, LLC. (Ellicott Development) will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves the redevelopment 4.86 ± acres formerly the site of Mickey Rats and Captain Kidd's beach club. The site includes 1.5 acres of public beach along Lake Erie. The parcel and project limits are split by Lake Shore Road. Proposed is the construction of a 3 story, 24,000 square foot mixed use building (7,500 retail, seven multi-story condominiums); a new single-story, 3120 square foot restaurant; two 2 story single family townhomes; and six 3 story waterfront townhomes on the western 3.64 ± acre portion and eight 2 story, three-bedroom, single-family townhomes with 1.5 car attached garages on the eastern 0.62 ± acre portion. Also, under future consideration on the eastern portion of the site is 680 square foot retail addition at the corner of Lake Shore Road and Iroquois Street. The project is located at the intersection of Lake Shore Road and Iroquois Street in the Town of Evans, New York.

The conditions are:

The applicant shall not be permitted to proceed with Phase 2 of the development until a letter of Map Revision (LOMR) is received from the Federal Emergency Management Agency (FEMA) and the culvert that formerly contained Fern Brook is abandoned.

Contact: William Smith, Town of Evans, 8787 Erie Road, Angola, NY 14006, Phone: (716) 549-0945, E-mail:

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