EPA orders developer to restore Amherst wetland

[steven]

How do you fix a broken wetlands?

That’s the quandary facing developer William L. Huntress.

Federal environmental officials said Friday he has 30 days to explain how he will undo the damage he caused to a protected wetland on his property at 2190 and 2210 Wehrle Drive in Amherst. There are trees to replant.
There are ferns and grasses to replace.

Not to mention the tire tracks from heavy equipment that must be leveled.
It won’t be easy. And it won’t be easy to convince Huntress that he has to do it.

“We never did any damage to the site, so I don’t know what there is to put back together. That’s number one,” he said Friday. “And number two is it’s not a regulated wetlands.”

An inspector who checked the property early this year reported that nearly a third of the site’s nine acres of wetland was “completely devoid of both [trees and other wetlands plants] and was imprinted with truck tires from heavy equipment.”

The U.S. Environmental Protection Agency on Thursday ordered Huntress to restore the wetlands and plants that were removed from the Wehrle site, “including species of forbs, grasses, sedges, rushes, vines, shrubs, saplings and trees.”

The eight-page EPA order said that workers for Huntress’ Acquest Development used earth-moving equipment to knock over, uproot and remove trees from the wetland, resulting in what officials called “a knowing and willful violation” of the federal Clean Water Act.
An EPA spokesman said the agency’s New York City regional office is monitoring Huntress’ activities.

“Violating environmental law is serious business, and we’re going to keep a close eye on the situation,” EPA spokesman Elias Rodriguez said.
It could be years before the matter is settled.

The order states that federal officials will not consider the restoration a success until the site is “densely vegetated” with healthy native plants that have survived for at least two years.

http://www.buffalonews.com/cityregion/story/89497.html

[|- Amherst Stakeholder -|]

It's long overdue that a snotty developer got reprimanded.

[PaulJonson]

I think Amherst in general needs more development.

Wetlands--schmetlands.

[Surfing USA]

A good part of Amherst's overall development has been done so over wetlands. Is the EPA going to demand that the town of Amherst knock down every structure that's been built over said wetlands, and replace every species of plant-life that existed prior to clearing the lots?

[Dvoakley]

It all goes back to the original complaint. The gal and her hubby want to have a pristine view out their kitchen window while eating their breakfast every morning. So they rally their neighbors, hire a shyster lawyer and how we got to where we are today. No small help from Shelly.

[dragonslayer]

Hey Don once again you fail to understand the facts. Good news the neighborhood called me and they want to register in the Independence Party to get rid of you and Orsini. Keep talking it sure makes things easy.

[Ben There]

Chris you are a joke do you really belive people care what you think or say .list all of these people I was just at the board of elections no one has regersted, in the I.P. from Amherst more bragging and lies wake up the only one that belive you are mom and dad .P.S. isn't your dad the one that told you to take a mulligan on a putt and you did ,cheating must run in the family

[Enough]

Developer turns the drain pipe on longtime nemeses
By Thomas J. Dolan NEWS STAFF REPORTER
Updated: 06/23/07 7:26 AM

Residents of Amherst’s Bellingham Drive and their nemesis, developer William Huntress, are fighting again — but this time it’s residents who are being charged with illegally damaging a wetlands on Huntress’ property at 2220 Wehrle Drive.

Minutes after workers found evidence of the alleged wrongdoing Friday morning, Huntress invited an Amherst building inspector and The Buffalo News to the site, where an employee pointed out a 2-inch-diameter white plastic drain pipe projecting about 4 feet into Huntress’ property from the backyard of a home on Bellingham Drive. At the end of the pipe was a small puddle of dirty water.

But it wasn’t just any house: This one belongs to Ann and Thomas Suchyna, leaders in a neighborhood effort that has for years blocked the developer’s plans to build an office park on the Wehrle Drive site.

“People who live in glass house shouldn’t throw stones,” Huntress said, declining to comment further.

Amherst Building Commissioner Thomas C. Ketchum said his staff was searching records to determine when the pipe was installed and whether the job was legal under town law. But, he said, for more than 75 years it has been illegal to discharge water on a neighboring property without permission.

Suchyna said he and his family moved to the neighborhood about 10 years ago and they were not aware of the discharge pipe. However, he speculated that it might be an outlet for his sump pump, which removes ground water that builds up under the house.

If so, he said, there was no difference between the pipe and the runoff of storm water that falls on his backyard and runs into the Huntress property.

Ann Suchyna said she has never seen the pipe. “I don’t know anything about it. We’ll just wait to see what the town does,” she said.

Omar Abu-Sitta, who identified himself as an employee of Huntress’ Acquest Development, also pointed out other pipes found by workers, In all, workers have uncovered six drainage pipes leading from houses on Bellingham Drive, he said.

Earlier this year, the Suchynas and a group of neighbors who call themselves “NOSAW,” filed a citizens suit in U.S. District Court, charging Huntress with violating the federal Clean Water Act by damaging a federally protected wetlands on the developer’s property.

Huntress and his attorney also continue to negotiate with town officials regarding more than 30 violations of a law requires workers to obtain a permit before felling trees.

[Slim.fsp]

That is just one more example that you don't own your private property because if you did own your property you would be permitted to drain water or put water in.

[Dartaganon]

Huntress should be allowed to build his park if the area is zoned for it. The fact that it is a protected wetlands would mean that the government would need to own it to enforce what it deems the land to be. Huntress should not have been able to buy it if it was protected. I find it ridicules to prevent developers from starting a business in an area. Just think what the city of Buffalo would be like if we decided to enforce stupid laws like this two hundred years ago. This whole area would be called Buffalo street instead of the city of Buffalo. How do people think that we were able to prosper. Areas had to be cleared. Maybe we should declare the houses that are already there protected wetlands and make them restore the properties to their naural states. That is how much this lacks common sense.

[WNYresident]

Hey Don once again you fail to understand the facts. Good news the neighborhood called me and they want to register in the Independence Party to get rid of you and Orsini. Keep talking it sure makes things easy.

I head the neighbornood doesn't like people who cheat and make stuff up either. Well unless the neighborhood don't mind stuff like that.

[WNYresident]

Huntress should be allowed to build his park if the area is zoned for it. The fact that it is a protected wetlands would mean that the government would need to own it to enforce what it deems the land to be. Huntress should not have been able to buy it if it was protected. I find it ridicules to prevent developers from starting a business in an area. Just think what the city of Buffalo would be like if we decided to enforce stupid laws like this two hundred years ago. This whole area would be called Buffalo street instead of the city of Buffalo. How do people think that we were able to prosper. Areas had to be cleared. Maybe we should declare the houses that are already there protected wetlands and make them restore the properties to their naural states. That is how much this lacks common sense.

If they didn't have IDA's giving incentives I would agree with you. The area isn't growing so why are they trying to build more and more? If you are only shifting businesses from one area to another area like a business park using incentives I wouldn't allow it. The empire zones were supposed to help distressed areas not PAVE OVER CHEAP land in general.

[Cgoodsp466]

It all goes back to the original complaint. The gal and her hubby want to have a pristine view out their kitchen window while eating their breakfast every morning. So they rally their neighbors, hire a shyster lawyer and how we got to where we are today. No small help from Shelly.

I kind of like pristine. so suck it up miss prissy.

[FMD]

the whole fiasco here is nothing more than a money flow problem. its painfully obvious to me, that huntress isnt paying the right people cause hes got all this BS going on. Unless you know which crook in town hall to pay off, you ccant do anything except build a dog house, and even that you prolly need a smoke detector for.