Sample Notices for Activities in 100

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Early Notice and Public Review of a Proposed
Activity in a Wetland
To: All interested Agencies (NYS Office of Community Renewal, NYS Department of Environmental
Conservation, NYS Department of Transportation, US Army Corps of Engineers), Groups and Individuals
This is to give notice that the Town of Shelby under Part 58 has determined that the following proposed
action under the Community Development Block Grant (CDBG) Program and Consolidated Funding
Application #58212 is located in a wetland, and the Town of Shelby will be identifying and evaluating
practicable alternatives to locating the action in the wetland and the potential impacts on the wetland from
the proposed action, as required by Executive Order 11990, in accordance with HUD regulations at 24 CFR
55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Protection of
Wetlands. Pride Pak Medina, LLC plans to construct a 66,000 sq. ft. vegetable processing, packing and
distribution facility on a 13-acre site in the County-owned Medina Business Park located on Maple Ridge
Road in the Village of Medina and Town of Shelby, Orleans County. Pride Pak will construct the new facility
and purchase new machinery equipment at a total initial project cost of approximately $10.8 million. The
project will require the relocation of approximately 550 feet of existing, intermittent, class C stream, and the
creation of approximately 740 feet of stream as replacement. A waiver under the Nationwide Permit 38 has
been requested on the basis that the project will result in a minimal adverse effect.
There are three primary purposes for this notice. First, people who may be affected by activities in
wetlands and those who have an interest in the protection of the natural environment should be given an
opportunity to express their concerns and provide information about these areas. Commenters are
encouraged to offer alternative sites outside of the wetlands, alternative methods to serve the same project
purpose, and methods to minimize and mitigate impacts. Second, an adequate public notice program can
be an important public educational tool. The dissemination of information and request for public comment
about wetlands can facilitate and enhance Federal efforts to reduce the risks and impacts associated with
the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal
government determines it will participate in actions taking place in wetlands, it must inform those who may
be put at greater or continued risk.
Written comments must be received by the Town of Shelby at the following address on or before the close
of business on September 9, 2015: Town of Shelby, 4062 Salt Works Road, Medina, New York and 585798-3120, Attention: Merle Draper, Town Supervisor. A full description of the project may also be reviewed
from 8:30 a.m. to 4:00 p.m. Monday through Friday at same address as above. Comments may also be
submitted via email at darlenerich@townofshelbyny.org.
Date: August 25, 2015
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