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ENB Region 9 Completed Applications 06/30/2021

Erie County

Applicant:

Young Development Inc
1120 Bullis Rd
Elma, NY 14059

Facility:

Midtown Apartment Community
6386 Transit Rd
Cheektowaga, NY 14225

Application ID:

9-1430-00385/00001

Permit(s) Applied for:

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

Project is Located:

Cheektowaga, Erie County

Project Description:

The Department has made a tentative determination to approve an application for the development of a mixed use project that consists of approximately 25,000 sq ft of commercial space and 340 residential units. The project will disturb 2.24 acres of the regulated 100 foot adjacent area of Freshwater Wetland (FWW) LA-19. Mitigation will include monuments and deed restrictions to protect the wetland and tree and shrub plantings around the project perimeter, including dense rows of conifers where the project footprint is within 25 feet of FWW LA-19 to offset the loss of a vegetative buffer in the adjacent area. With mitigation the project meets the Department's Part 663 compatibility and weighing standards. The project is located on 6386 Transit Road in the Town of Cheektowaga. 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 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: Cheektowaga 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.

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 Jul 15, 2021.

Contact:

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


Applicant:

AC Power 14 LLC
6325 Gunpark Dr Ste C
Boulder, CO 80301

Facility:

Lancaster Landfill Solar Array
Gunnville Rd, SBL 83.00-5-6.1
Lancaster, NY 14086

Application ID:

9-1452-00407/00001

Permit(s) Applied for:

Article 11 Endangered/Threatened Species (Incidental Take)

Project is Located:

Lancaster, Erie County

Project Description:

The Department has received and is accepting comments on an application for the installation of one 5 MW AC solar array and one 4.47 MW AC solar array on approximately 40.5 acres of the closed Lancaster Landfill impacting 1.85 acres of suitable habitat for the state-listed threatened species Upland Sandpiper, Bartramia longicauda, which will be mitigated by restricted construction dates and regular mowing on the entire landfill site to maintain and enhance additional habitat.

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: NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.

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 Jul 15, 2021.

Contact:

Kerri L Pickard-DePriest
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


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