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Page 1 of 4 We have reviewed the available information in the New York State Natural Heritage Program databases on known occurrences of rare or state-listed animals and plants, of significant natural communities, and other significant habitats. Bald eagle (Haliaeetus leucocephalus), a NYS listed threatened species, was last identified in 2025 in the Town of Boston. For most sites, comprehensive field surveys have not been conducted. We cannot provide a definitive statement as to the presence or absence of all rare or state-listed species or significant natural communities. This information should not be substituted for on-site surveys that may be required for environmental impact assessment. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources. Response: We acknowledge the DEC’s comments regarding biological resources and the potential presence of rare or state-listed species, including bald eagle. We will consider these concerns as part of the SEQR review and will undertake further coordination or specific evaluations, as appropriate, to assess potential impacts and ensure compliance with applicable requirements. Since project activities will involve land disturbance of 1 acre or more, the project sponsor, owner or operator is required to obtain a State Pollutant Discharge Elimination System General Permit for Stormwater Discharges from Construction Activity (GP-0-25-001). This General Permit requires the project sponsor, owner or operator to control stormwater runoff according to a Stormwater Pollution Prevention Plan (SWPPP), which is to be prepared prior to filing a Notice of Intent (NOI) and prior to commencement of the project. More information on General Permit GP-0-25-001, as well as information on how to electronically submit the eNOI form, is available on the NYSDEC’s website at www.dec.ny.gov/chemical/43133.html. Information on permitting requirements and preparation of a necessary Stormwater Pollution Prevention Plan (SWPPP) is available on the NYSDEC’s website at www.dec.ny.gov/chemical/8468.html. The Town of Boston is designated as an MS4 community. The project sponsor, owner or operator of a construction activity that is subject to the requirements of regulated, traditional land use control MS4 shall have their SWPPP reviewed and accepted by the MS4 community. The "MS4 SWPPP Acceptance” form must be signed by the principal executive officer or ranking elected official from the MS4 community, or by a duly authorized representative of that person, and submitted along with the eNOI to receive NYSDEC approval before construction commences. If you have any questions, please feel free to contact Katherine Wachter at [email protected] or 716-851-7165. Response: We acknowledge DEC’s comments regarding stormwater permitting requirements. The project will obtain coverage under SPDES General Permit GP-0-25-001, and a Stormwater Pollution Prevention Plan (SWPPP) is currently being prepared. The SWPPP is being submitted for review and acceptance by the Town of Boston, including completion of the required MS4 SWPPP Acceptance Form, and will be filed with the eNOI prior to the commencement of construction.