Resident appeals to EPA re Windsor Ridge South flooding concerns SpeakupWNY | Buffalo NY and Buffalo News

Donna Lukowski learned from regulatory agencies that they are not satisfied with Windsor Ridge Partnership’s latest concept for development of Windsor Ridge South, a 303 single-family subdivision in the town of Lancaster. The Environmental Protection Agency (EPA) EPA would like to see eight more lots removed from development in the wetlands.

Two of the lots, 15 and 16, lie in a federal wetland in the northeastern quadrant and are part of a wetland that encompasses seven lots and connects directly to the south branch of Slate Bottom Creek and have been removed from the developer's site plan concept.

Lukowski questions how the removal of only two of the seven lots that sit in the federal jurisdictional wetland will help resolve flooding and drainage issues she and her neighbors believe will take place should the project sponsor be given the necessary Corps permit to fill in the wetland behind several Brunck Road properties? “How will removing only two of seven lots impact the volume of water now coming my way, our way?”

More disturbing to Lukowski is the project sponsor’s claim made recently to the Lancaster Town Planning Board that there is no distinct channel in this wetland. "There are numerous point sources in the wetland that lead to the creek," declares Lukowski.

Lots 12 –18 sit in a delineated federal wetland that connects to a creek with myriad shallow channels. During snow melt and wet periods the area sheet floods in bands twenty to thirty foot in width.

“The town should be taking the position that not only should lots 15 and 16 be removed from the federal wetland, but lots 12 to 18,” says Lukowski.

“During the SEQR they stated this land contained less than 2-5 percent water you have been provided with pictures and can see this is a floodplain and floodway the more land they use the more flooding it causes”.

“When I heard 2 to 5 percent water I could only question who in their right mind would believe this information? Not anyone who does their homework and actually looked at this area especially in spring or fall. I believe the Corps wetland delineation manual states any area that is inundated with water for more than 5 to 12.5 days during the growing season is wetland. We easily exceed 60 days and will remain that way until June or July.”

Lukowski also objects to the EPA granting a waiver to the Division of Sewerage Management (DSM) that would allow sewer hook ups in wetlands and floodplains.

Lukowski’s recent correspondence to the EPA

Dear Ms Musumeci,

I still have grave concern over the project for Windsor Ridge South, Lancaster NY and EPA permits for Sewers on wetlands. I have addressed this issue on several occasions with the Town Board, Planning Board, NYS Department of Environmental Conservation (DEC) and the Army Corps of Engineers.

My main concern is wetland area B that is much larger than stated it is located behind my property at 135 Brunck Road in the town of Lancaster. The wetland runs west thru my property at 129 Brunck Road and is an actual floodway in the fall, winter and spring.

The elevation of the land to the south raises approximately 6 to 8 feet. The houses on Brunck Road are much lower than the undeveloped land to the south of us and we are in fear of flooding once they start building.

My main concern is Slate Bottom Creek was rerouted 30 years ago. Where before it just touched the NW corner of my property it now runs 335 feet along the west side of my property.

This creek is located 35 to 40 feet from my residence and on most of the project sponsor’s plans this creek is not even shown. They show a little lag where they want to put a road (Manchester Lane) and a bridge that will cross the creek.

What they also don't show is that the creek runs thru 5 other properties on Brunck Road and 335 ft of my property, with a 90-degree turn, and already causes flooding. This property was delineated incorrectly and they have continued to mislead town representatives on the amount of water at this location.

There are hundreds of tributaries on this property located within 2 feet of each other, all flowing to the South Branch of Slate Bottom Creek. The bridge and Road are located within a 100 and 500-year floodplain area, as am I. With this creek 40 feet from my house you can understand my concern.

I understand you requested they not build on several lots due to wetlands. I applaud the EPA for this but still think it won't be enough with the amount of water located on this land. This land is inundated with water during the fall, winter and early spring.

This area is clearly a floodway as seen in the pictures and stems from wetland area B and several other wetland areas which is much larger than .51 acres stated by the project sponsor and all flows go through my property line and drain into Slate Bottom creek.

Even their elevation maps are incorrect. The land elevates to the west and east, visually noticeable from the road in front of my residence. Elevation maps were never changed for the Bowen Square Development to the North. Upon development, the elevation increased 8 to 10 feet from the original farmland elevation.

The water from this subdivision also empties into Slate Bottom Creek. Since developing Summerfield farms, off Bowen Road, the containment ponds and runoff empty into Slate Bottom Creek as well. This land contains far more than 2 to 5 percent water that is claimed by the project sponsor, and is 90 percent clay, which is not very absorbent.

I already am experiencing foundation problems and 3/4 of my land is unusable during the year. My basement has water almost always seeping through the walls, which suggests a high water table in my area. On Hall Rd to the South they were told the water is less than 1 foot from the surface.

I am also going to contact FEMA regarding floodplains and the floodway on this property. The soils in this area are 90 percent hydric and drain poorly. The soils don't expand or contract when they do start to dry and you get huge cracks and craters which causes foundation failures.

The soil now has a rust or copper hew on the surface. Plant life contains this rust color around the roots that suggests a lack of oxygen when land is inundated with water. Now would these conditions exist with 2 to 5 percent water, and would millions of tributaries be formed 6 to 10 inches deep from 2-5 percent water?

The delineation that was made near five years ago was far from accurate as you can see from the attached pictures. I thank you for your attention to this matter and if you question what I tell you I suggest you or a representative take a look at this area and make your own judgment.

The following pictures are from wetland area "B" which is located adjacent (south) of my property and pictures of my basement: