Southtowns Record

TB 2026-05-06 Agenda Packet

Government
Town of Boston
Board
Town Board
Meeting
May 6, 2026
Posted by publisher
May 22, 2026
Kind
Agenda packet
Topics
Budget and taxes, Water, sewer and drainage, Public safety, Zoning and land use, Parks and recreation, Audits and oversight, Roads and traffic, Energy and data center siting, Housing, Moratoriums

Original document

Same meeting

Text · page 242 of 322

Read the whole document on one page (all 322 pages, each with its own heading)

Page 1 of 4

The project area may include federally regulated wetlands based on a review of the National
Wetlands Inventory wetland mapping. The project sponsor should consult with the United States
Army Corps of Engineers (USACE), telephone: 716/879-4330, concerning USACE regulatory
jurisdiction to determine if the project will impact federally regulated wetlands or require any other
approval from that agency. If federal wetlands are involved, USACE may require the project
sponsor to obtain a Section 401 Water Quality Certification (WQC) from NYSDEC. More
information related to this requirement can be found on NYSDEC’s website at
https://dec.ny.gov/nature/waterbodies/wetlands/freshwater-wetlands-program/conserve/federal-
regulatory-programs.

Response: We acknowledge the DEC’s comments regarding the potential presence of
federally regulated wetlands. We will coordinate with the U.S. Army Corps of Engineers to
confirm federal jurisdiction and will comply with any applicable requirements, including
obtaining any necessary approvals or certifications.

Please note that Eighteen Mile Creek has a water classification and standard of A, pursuant to 6
NYCRR Part 837, Item 252. Therefore, any physical alteration (i.e. Land clearing, filling, drainage
pipe/ditch installation, etc.) to the bed or banks within 500 feet of the stream) will require an
Article 15, Title 5, Protection of Waters Permit from the NYSDEC.

Response: We acknowledge DEC’s comments regarding the classification of Eighteen Mile
Creek and the associated permitting requirements. We will coordinate with NYSDEC and
obtain Article 15, Title 5 Protection of Waters Permit if project activities involve physical
alteration within the regulated area.

Portions of this project are located within Erie County Agricultural District #15. Impacts to the
agricultural district should be considered during the review of this action.

Response: We acknowledge the DEC’s comments regarding the project’s location within Erie
County Agricultural District #15. Potential impacts to the agricultural district will be
considered as part of the SEQR review process. A submission will be provided to NYS Ag &
Markets for their review and approval.

The project site was noted to be located in an archaeologically sensitive area based on information
obtained through the Cultural Resource Information System (CRIS) on the New York State Office
of Parks, Recreation and Historic Preservation’s (OPRHP) website at https://cris.parks.ny.gov/. As
part of the SEQR process, this concern should be evaluated, unless it can be verified by appropriate
documentation that the site has been significantly disturbed in a way that would destroy potential
artifacts. Please recognize that normal agricultural activities, such as plowing, would not constitute
such land disturbance. If there are any questions regarding this, contact OPRHP (telephone:
518/237-8643).

Response: We acknowledge the DEC’s comments regarding the site’s potential
archaeological sensitivity. As part of the SEQR process, we are currently in the process of
retaining a qualified archaeologist to evaluate this concern and will coordinate with OPRHP
as needed to ensure appropriate review and documentation.