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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.