Response to Public Comments
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RECORD OF DECISION ENVIRONMENTAL IMPACT EVALUATION NATIONAL COAST GUARD MUSEUM PEDESTRIAN OVERPASS NEW LONDON, CONNECTICUT MMI #2247-06-9 November 2014 Prepared for: State of Connecticut Department of Economic & Community Development 505 Hudson Street Hartford, Connecticut 06106 Prepared by: MILONE & MACBROOM, INC. 99 Realty Drive Cheshire, Connecticut 06410 (203) 271-1773 www.miloneandmacbroom.com Copyright 2014 Milone & MacBroom, Inc. TABLE OF CONTENTS Page 1.0 INTRODUCTION ...............................................................................................................1 1.1 Project Scoping ....................................................................................................................1 1.2 Public Review ......................................................................................................................1 2.0 RESPONSE TO PUBLIC COMMENT...............................................................................2 2.1 Summary of Comments Received .......................................................................................2 2.2 Response to Department of Energy & Environmental Protection .......................................3 2.3 Response to Department of Public Health ...........................................................................4 2.4 Response to the City of New London ..................................................................................4 2.5 Response to New London Landmarks .................................................................................6 2.6 Response to Union Station ...................................................................................................7 2.7 Response to Cross Sound Ferry Services...........................................................................10 2.8 Response to Mr. Robert Fromer.........................................................................................11 2.9 Response to Verbal Comments from Mr. Joseph Celli......................................................15 2.10 Response to Verbal Comments from Mr. Bill Morse ........................................................16 2.11 Response to Verbal Comments from Mr. Todd O'Donnell ...............................................16 2.12 Response to Verbal Comments from Mr. Marty Olsen .....................................................18 3.0 EIE PAGE REVISIONS ....................................................................................................18 4.0 SPONSORING AGENCY DECISION .............................................................................18 LIST OF APPENDICES Appendix A Documentation of Notification Appendix B Hearing Transcript Appendix C Copies of Written Public Comments Appendix D EIE Page Revisions RECORD OF DECISION NATIONAL COAST GUARD MUSEUM PEDESTRIAN OVERPASS NOVEMBER 2014 TC-i 1.0 INTRODUCTION 1.1 PROJECT SCOPING In 2014, the State of Connecticut Department of Economic and Community Development (DECD) undertook preparation of an Environmental Impact Evaluation (EIE) under the Connecticut Environmental Policy Act (CEPA or the Act) for the proposed National Coast Guard Museum (NCGM) Pedestrian Overpass in New London, Connecticut. Numerous local, regional, and state entities were consulted during the initial scoping phase and throughout the preparation of the EIE. Notice was issued to state review agencies and other interested parties that DECD was undertaking an EIE for the proposed project. The notice was published in the Environmental Monitor (electronic publication of the Connecticut Council on Environmental Quality at www.ct.gov/ceq) on June 4, 2013. A public scoping meeting was held on July 8, 2013. Notice of the meeting was published in the Environmental Monitor on June 4, 2013 and again on July 2, 2013. The scoping period closed on July 18, 2013. General presentations were made to the City of New London (the City) and included attendance by various stakeholders as well as members of the public. Other individuals and agencies have been routinely invited to these informational meetings for pertinent discussion topics. Table ES-1 provides a summary of consultation meetings that have been held. TABLE ES-1 Summary of Project Meetings Meeting Principal Location Overview of Representation Date Purpose 07/08/2013 City Hall – New London Public Scoping DECD, Office of Military Affairs, Payette 10/18/2013 DECD Offices – Hartford Project Meeting DECD, MMI, Various Stakeholders 03/18/2014 State Pier Admin Office – New Project Meeting DECD, MMI, Various Stakeholders London DECD = Department of Economic and Community Development MMI = Milone & MacBroom, Inc. 1.2 PUBLIC REVIEW DECD published its Draft EIE in July 2014. Notification of the availability of the document was published in the Environmental Monitor on July 8, July 22, August 5, and August 19, 2014. An electronic (pdf) copy of the Draft EIE was also made available through the Environmental Monitor. Paper copies of the Draft EIE were available to the public at the City of New London Clerk's office and at the New London Library. Individual copies of the Draft EIE were mailed to the City of New London and to the RECORD OF DECISION NATIONAL COAST GUARD MUSEUM PEDESTRIAN OVERPASS NOVEMBER 2014 PAGE 1 Connecticut Department of Energy & Environmental Protection (DEEP). Other state agencies accessed the document online. A public hearing was held on August 7, 2014. As required, the hearing was scheduled no sooner than 30 days following the date of availability of the Draft EIE. Notice of both the document availability and the scheduled public hearing was published in the New London Day on July 8, July 15, and July 22, 2014. Documentation of EIE notification, distribution, and public hearing notification is included herein as Appendix A. A copy of the public hearing transcript is included as Appendix B. Section 22a-1a-9 of the Regulations of Connecticut State Agencies (RCSA) requires that a sponsoring agency (in this case the DECD) review all comments submitted on its EIE and any other pertinent information it obtains following circulation of the EIE and conduct further environmental study and analysis or amend the evaluation if it determines that such action is appropriate. In all cases, the sponsoring agency must prepare responses to the substantive issues raised in review of the EIE and forward such responses, as well as any supplemental materials or amendments and all comments received on the evaluation, to the Connecticut Office of Policy and Management (OPM). The sponsoring agency must prepare a concise public record of decision (ROD), taking into consideration its findings in the EIE and comments received, and forward the ROD to OPM. The subject document comprises the public ROD for this project. 2.0 RESPONSE TO PUBLIC COMMENT 2.1 SUMMARY OF COMMENTS RECEIVED Written comments on the NCGM Pedestrian Overpass EIE were received by DECD via email and U.S. Postal Service mail from the following individuals and organizations: 1. Connecticut Department of Energy & Environmental Protection – Memorandum dated August 25, 2014 from David J. Fox, Senior Environmental Analyst 2. Connecticut Department of Public Health – Letter dated August 25, 2014 from Eric McPhee, Supervising Environmental Analyst, Drinking Water Section 3. City of New London – Letter dated August 22, 2014 from Tammy Daugherty, Director, with an attached Memorandum dated August 20, 2014 from Harry A. Smith, AICP, City Planner 4. New London Landmarks – Statement dated August 25, 2014 5. Union Station – Letter dated August 25, 2014 from Todd O'Donnell, Managing Partner, Union Station RECORD OF DECISION NATIONAL COAST GUARD MUSEUM PEDESTRIAN OVERPASS NOVEMBER 2014 PAGE 2 6. Cross Sound Ferry Services and Block Island Ferry Services – Comments (undated) from Cross Sound Ferry Services and Block Island Ferry Services 7. Robert Fromer – Letter (with multiple attachments) dated August 22, 2014 from Robert Fromer, Environmental Consultant Verbal comments were conveyed from the following individuals at the August 7, 2014 Public Hearing as documented in the hearing transcript: 1. Mr. Joseph Celli, Water Street Parking Garage Pro Park 2. Mr. Bill Morse, Resident 3. Mr. Todd O'Donnell, Union Station 4. Mr. Marty Olsen, Resident and City Council Member Copies of all written comments (with attachments) are included herein as Appendix C. A summary of both written and verbal comments received and responses follows. 2.2 RESPONSE TO DEPARTMENT OF ENERGY & ENVIRONMENTAL PROTECTION 1. Clarifying Questions – DEEP posed the following questions regarding a possible phasing of the pedestrian overpass: Question: Is the timing of initiation of the first phase dependent on the construction of the museum or would it be built to facilitate access to the ferry terminal if the museum project is delayed? Response: The timing of overpass construction will be dependent on the construction of the NCGM. The two are inextricably linked. There are no plans to construct the overpass without construction of the museum or vice versa. Additionally, the overpass must be constructed and functional prior to opening of the museum. Question: Alternatively, would a smaller first phase, limited to an up-and-over for rail passengers, be contemplated? Response: A limited first phase approach will be contemplated, as described in the EIE. The decision to move forward with a limited first phase would be largely dependent upon available funding. 2. Nonintensive Floodplain Use – DEEP indicated that, while the pedestrian overpass