Any mitigation proposal was premature, including offering not to build on some of the property that still would have resulted in a "net loss of wetlands". Both the George Bush & Clinton administrations advocated a NO NET LOSS OF WETLANDS policy to alleviate the tremendous losses to this nation's vanishing wetlands. The sketch, provided with the public notice, seems to be missing wetland (in the photo above) that appears to go towards the Marcia Drive property lines.

U.S. Army Corps of Engineers Buffalo District

Mr. Hermann Probst dba D&H Properties, Inc., 7250 Schultz Road, North Tonawanda, New York 14120, has applied for a Department of the Army permit to develop a site on Meadow Drive, City of North Tonawanda, Niagara County, New York.

The applicant is proposing to develop about a 55-unit senior citizens residence on about 6.6 acres of land. The work that is within Department of the Army jurisdiction entails impacting about 1/4 acre of Federal wetland to construct one of the facilities in the development. As mitigation for impacting a portion of a forested wetland, the applicant is proposing to turn over to the North Tonawanda School System, Western New York Land Conservancy, or some other entity, the remainder of the 17.9 acre parcel. This parcel is comprised of about 3.0 acres of forested wetlands, and about 8.3 acres of upland woods.

The applicant has provided this office with a wetland delineation report that was prepared by his consultant. The wetland boundary as depicted in that report will be field verified by this office in the early spring of the year, but prior to the District Commander rendering a decision on the subject permit application.

The purpose of the project is to construct housing for senior citizens.

Location and details of the above described work are shown on the attached maps and drawings.

Questions pertaining to the work described in this notice should be directed to Gary E. McDannell, who can be contacted by calling (716) 879-4322, or by e-mail at:

[email protected]

The following authorization(s) may be required for this project:

Water Quality Certification (or waiver thereof) from the New York State Department of Environmental Conservation.

There are no registered historic properties or properties listed as being eligible for inclusion in the National Register of Historic Places that will be affected by this project. In addition, available evidence indicates that the proposed work will not affect a species proposed or designated by the U.S. Department of the Interior as threatened or endangered, nor will it affect the critical habitat of any such species.

This notice is promulgated in accordance with Title 33, Code of Federal Regulations, parts 320-330. Any interested party desiring to comment on the work described herein may do so by submitting their comments, in writing, so that they are received no later than 4:30 pm on the expiration date of this notice.

Comments should be sent to the U. S. Army Corps of Engineers, 1776 Niagara Street, Buffalo, New York 14207-3199, and should be marked to the attention of Gary E. McDannell, or by e-mail at:�

[email protected]

A lack of response will be interpreted as meaning that there is no objection to the work as proposed.

Comments submitted in response to this notice will be fully considered during the public interest review for this permit application. All written comments will be made a part of the administrative record. Due to resource limitations, this office will normally not acknowledge the receipt of comments or respond to individual letters of comment.

Any individual may request a public hearing by submitting their written request, stating the specific reasons for holding a hearing, in the same manner and time period as other comments.

Public hearings for the purposes of the Corps permit program will be held when the District Commander determines he can obtain additional information, not available in written comments, that will aid him in the decision making process for this application. A Corps hearing is not a source of information for the general public, nor a forum for the resolution of issues or conflicting points of view (witnesses are not sworn and cross examination is prohibited). Hearings will not be held to obtain information on issues unrelated to the work requiring a permit, such as property ownership, neighbor disputes, or the behavior or actions of the public or applicant on upland property not regulated by the Department of the Army. Information obtained from a public hearing is given no greater weight than that obtained from written comments. Therefore, you should not fail to make timely written comments because a hearing might be held.

The decision to approve or deny this permit request will be based on an evaluation of the probable impact, including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among these are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.

The Corps of Engineers is soliciting comments from the public; Federal, state and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

Paul G. Leuchner

Chief, Regulatory Branch���

(signed in absence by Philip D. Frapwell)