Department of Environmental Conservation

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ENB Region 9 Completed Applications 06/23/2021

Niagara County


Sam D'angelo & Sons
677 Erie Ave
North Tonawanda, NY 14120 -4406


Marc-Shawn Estates
Niagara Falls Blvd - 1000' E of Errick Rd
Wheatfield, NY 14304

Application ID:


Permit(s) Applied for:

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

Project is Located:

Wheatfield, Niagara County

Project Description:

The Department has received an application to construct Phases 2 -5 of Marc Shawn Estates, which involves construction of an 87 lot subdivision in the Town of Wheatfield. The proposed project will impact a portion of NYS FWW TE-1 and its regulated 100 foot adjacent area (AA). Approximately 25 acres of wetland will be deed restricted and lots adjacent to this area will have wetland monuments placed. Additionally, to prevent future encroachment into the wetland area, lots along the northern edge of the subdivision and the southeast corner will have split rail fence to demarcate a "no disturbance area" beyond the fence. Wetland mitigation for this project will include creation of approximately 0.09 acre of forested wetland and will include 24 tree and shrub plantings. Mitigation for AA impacts will include planting of 352 native trees and shrubs in non-wooded areas along the west side of TE-1 in the regulated adjacent area. The Department is seeking public comment on the application 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: Wheatfield Town Board

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 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 Jul 08, 2021.


Lisa M Czechowicz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203

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