NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that in accordance with Eminent Domain Procedure Law
§202, a public hearing will be held virtually via WebEx at 5:00 p.m. on the 19th day of April, 2021, or as soon thereafter as possible, to consider the proposed acquisition, by eminent domain, of portions of a properties identified as Map 8, Parcel 10 (Tax Map ID# 328.008-1-20) (Permenent Easement) and Map 8, Parcel 11 (Tax Map ID# 328.008-1-20) (Fee Title) on the Oneida County Acquisition
Map.
The purpose of this hearing will be to inform the public, to consider the need and location of the proposed acquisitions, to review the public use to be served, and to assess the impact of the acquisitions on the environment and the residents prior to acquisition of those properties.
The acquisition of these properties by the County of Oneida will be for the public purpose of reconstructing Middle Settlement Road in the Town of New Hartford.
Persons may appear at the hearing virtually themselves or by agent and will be given the opportunity to present oral or written statements and to submit other documents or information concerning the proposed acquisition.
The meeting will be hosted from the Oneida County Office Building, 800 Park Avenue in the
City of Utica, but due to the COVID-19 pandemic, physical attendance is not allowed pursuant to
Governor Cuomo’s Executive Order 202.15, as continued by 202.29, 202.39, 202.49, 202.55, 202.60,
202.67, 202.72, 202.79, 202.87, 202.92, 202.93, 202.94, 202.95 and 202.99. Anyone wishing to virtually attend the public hearing may request an invitation via email at [email protected].
In lieu of virtual participation, anyone wishing to offer written commentary to be included in the hearing record may submit their statements to [email protected]. For those without email, a telephone number for participation may be requested by calling the County Attorney’s office at 315-
798-5910. Those wishing to offer written commentary to be included in the hearing record may also fax their comments to 315-798-5603, or mail them c/o The Oneida County Department of Law, 800
Park Avenue, Utica, New York, 13501.
Any property owners who may subsequently wish to challenge the condemnation of their property by judicial review may do so only on the basis of issues, facts, and objections raised at this public hearing.
By: S/ROBERT E. PRONTEAU______ROBERT E. PRONTEAU Of Counsel to Peter M. Rayhill ONEIDA COUNTY ATTORNEY DATED: April 1, 2021
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MIDDLE SETTLEMENT ROAD PUBLIC HEARING
April 19, 2021
Section 203 of the Eminent Domain Procedure Law of the
State of New York
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APPEARANCES:
ONEIDA COUNTY DEPARTMENT OF LAW 800 Park Avenue Utica, New York 13501 BY: ROBERT E. PRONTEAU, ESQ. Assistant County Attorney.
ALSO PRESENT:
Mark Laramie, Oneida County Commissioner of Public Works
Transcribed By Nicola Fanelli
Custom Court Reporting Jaclyn Conte, Court Reporter 315-725-7273 1 2
2 MR. PRONTEAU: Good evening and welcome
3 to tonight's public hearing. This hearing is being
4 recorded, and the recording will become a part of the
5 public record. The recording will also be uploaded to
6 the Oneida County government Facebook page shortly
7 after the hearing.
8 This virtual public hearing is being
9 hosted from the Oneida County office building located
10 at 800 Park Ave. in the City of Utica.
11 This is a public hearing being held
12 pursuant to Section 203 of the Eminent Domain Procedure
13 Law of the State of New York.
14 The purpose of this hearing is two fold.
15 First of all, the purpose and proposed location of the
16 project, which is the reconstruction of Middle
17 Settlement Road in the town of New Hartford.
18 Second, most importantly, the purpose of
19 tonight's hearing is to give the public the opportunity
20 to offer commentary, to express concerns, and to
21 provide additional documentation with respect to the
22 proposed project, whether you agree with it or not.
23 We will have a speaker, other than
24 myself, who will provide the basic information about
25 the project, after which we will open up the meeting
Custom Court Reporting Jaclyn Conte, Court Reporter 315-725-7273 1 3
2 for public commentary, if there is any. Please keep in
3 mind that there will be no question and answer format
4 during this hearing. A public hearing held under
5 Section 203 of the Eminent Procedure Law is a vehicle
6 for the public to offer their input and commentary
7 about the proposed project. You're welcome to ask
8 questions as a part of your statement, but there will
9 be no direct question. Anyone that wishes to is also
10 welcome to submit written statement or other
11 documentation to be included as part of the written
12 record. In order to accommodate this, the record will
13 remain open for one week from today through April 26,
14 2021. Anyone wishing to submit written statements or
15 other additional documentation can email them to
16 [email protected]. That's,
17 E-M-I-N-E-N-T-D-O-M-A-I-N, all one word, at OC-G-O-V
18 dot net. Comments can also be mailed to the Oneida
19 County Department of Law, 800 Park Ave, Utica, New
20 York, zip code, 13501.
21 With that I will now begin the hearing.
22 My name is Robert Pronteau, and I am an assistant
23 county attorney with the Oneida County Department of
24 Law. I am the attorney assigned to represent the
25 Department of Public Works here in Oneida County, and
Custom Court Reporting Jaclyn Conte, Court Reporter 315-725-7273 1 4
2 thus I am responsible for the handling of this matter.
3 By resolution No. 23 of 2021, as amended by resolution
4 43 of 2021 dated March 10, 2021, the Oneida County
5 Board of Legislators has authorized and directed the
6 Oneida County attorney's office to perform any and all
7 tasks necessary and appropriate to acquire real
8 property required through completion of the Middle
9 Settlement Road reconstruction project.
10 Pursuant to Section 202 of the Eminent
11 Domain Procedure Law a notice of public hearing was
12 published in the Observer Dispatch on April 6th through
13 April 15, 2021. The same notice of public hearing was
14 served on all interested property owners by personal
15 service or certified mail return receipt requested more
16 than ten days prior to this public hearing. The city
17 notice was also posted in the Oneida County Courthouse
18 in Utica and Rome on April 1, 2021. We have received
19 no statements to be presented at this hearing, and no
20 request for invitations to attend have been received.
21 With that I will now turn the hearing
22 over to Mark Laramie, the Oneida County Commissioner of
23 Public Works. Mark.
24 MARK LARAMIE: Thank you, Bob. This
25 project is located in the Town of New Hartford, and the
Custom Court Reporting Jaclyn Conte, Court Reporter 315-725-7273 1 5
2 scope of work includes reconstruction of Middle
3 Settlement Road beginning at New York State Route 5,
4 also known as Seneca Turnpike, and ending at the
5 intersection of Clinton Street and Woods Park Drive.
6 Public benefits include improved traffic
7 safety, improved pedestrian safety, improved pedestrian
8 and bicycle access, and continued access to a reliable
9 public highway system.
10 Following construction of New York State
11 Route 840, Middle Settlement Road became one of the
12 most heavily traveled county highways with average
13 daily traffic counts in excess of 10,000. Middle
14 Settlement Road is a rapidly developing commercial
15 corridor that serves essential financial, retail, and
16 home improvement establishments. It provides large
17 residential developments access to the state highway
18 system, as well as access to the aforementioned
19 commercial establishments. Additional highway
20 right-of-way along Middle Settlement Road is required
21 to allow reconstruction of Middle Settlement Road to be
22 in compliance with current local, state, and federal
23 design standards. Failure to meet said standards would
24 result in potentially hazardous conditions for
25 motorists, bicyclists, and pedestrians.
Custom Court Reporting Jaclyn Conte, Court Reporter 315-725-7273 1 6
2 Properties proposed to be acquired by
3 commendation consist of the following: Approximately
4 3,240 square feet identified as Parcel No. 10 and
5 approximately 198 square feet as Parcel No. 11 of Tax
6 Parcel No. 328.00-1-20 as shown on Map No. 8, sheets 1,
7 2 and 3, prepared by Prudent Engineering on behalf of
8 Oneida County. The reputed owner is MSR Plaza, LLC.
9 This property is required to provide adequate operation
10 and maintenance of the stormwater drainage system, as
11 well as slope flattening to eliminate a potential
12 hazard. Oneida County and R.K. Hite & Co., Inc. have
13 attempted in good faith to negotiate fair and just
14 compensation for acquisition of this property.
15 Attempts were written and verbal. In addition,
16 in-person meetings were conducted when possible.
17 Unfortunately, all attempts to negotiate settlement
18 were unsuccessful. Continued project delays may result
19 in the loss of grant funds from New York State;
20 therefore, Oneida County has decided to acquire said
21 property via condemnation. Because of physical and
22 regulatory constraints, there are no construction
23 alternatives that would eliminate the need for these
24 properties. Acquisition of these properties will
25 benefit Oneida County residents by providing safer and
Custom Court Reporting Jaclyn Conte, Court Reporter 315-725-7273 1 7
2 more efficient public transportation system for
3 motorists, bicyclists, and pedestrians.
4 There were no objections to Oneida
5 County designing itself as the lead agency with respect
6 to the State Environmental Quality Review Act.
7 Following completion of applicable reviews and a short
8 environmental assessment form, the Oneida County Board
9 of Legislators, by Resolution No. 24 of 2021, was able
10 to issue a negative declaration. This document has no
11 adverse effect to the environment or upon the residents
12 of the areas immediately adjacent to and in close
13 proximity to the project. This concludes my statement.
14 MR. PRONTEAU: As there is no one in
15 attendance, and there have been no comments received by
16 any means, or any request to speak at the hearing, this
17 concludes our public hearing. Thank you and good
18 night.
19 (Whereupon the proceedings were adjourned.)
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Custom Court Reporting Jaclyn Conte, Court Reporter 315-725-7273 1 8
2 C E R T I F I C A T E
3
4 Certified to be a true and accurate transcript by:
5 6 Nicola______Fanelli______7 Nicola Fanelli, Transcriptionist
8 Date: April 22, 2021
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Custom Court Reporting Jaclyn Conte, Court Reporter 315-725-7273 result [2] - 5:24, 6:18 T traffic [2] - 5:6, 5:13 Woods [1] - 5:5 11 retail [1] - 5:15 Transcribed [1] - 1:23 word [1] - 3:17 T [2] - 8:2 return [1] - 4:15 transcript [1] - 8:4 work [1] - 5:2 tasks [1] - 4:7 Review [1] - 7:6 Transcriptionist [1] - Works [3] - 1:17, 3:25, Tax [1] - 6:5 reviews [1] - 7:7 8:7 4:23 ten [1] - 4:16 right [1] - 5:20 transportation [1] - would [2] - 5:23, 6:23 than [2] - 2:23, 4:16 right-of-way [1] - 5:20 7:2 written [4] - 3:10, thank [2] - 4:24, 7:17 Road [7] - 2:17, 4:9, traveled [1] - 5:12 3:11, 3:14, 6:15 that [6] - 3:3, 3:9, 5:3, 5:11, 5:14, 5:20, true [1] - 8:4 3:21, 4:21, 5:15, 5:21 turn [1] - 4:21 Y 6:23 ROAD [1] - 1:4 Turnpike [1] - 5:4 that's [1] - 3:16 York [7] - 1:7, 1:13, Robert [1] - 3:22 two [1] - 2:14 the [64] - 1:6, 2:4, 2:5, 2:13, 3:20, 5:3, 5:10, ROBERT [1] - 1:13 2:6, 2:7, 2:9, 2:10, 6:19 Rome [1] - 4:18 U 2:12, 2:13, 2:14, you [3] - 2:22, 4:24, Route [2] - 5:3, 5:11 2:15, 2:16, 2:17, under [1] - 3:4 7:17 2:18, 2:19, 2:21, unfortunately [1] - you're [1] - 3:7 S 2:24, 2:25, 3:5, 3:6, 6:17 your [1] - 3:8 safer [1] - 6:25 3:7, 3:11, 3:12, 3:18, unsuccessful [1] - safety [2] - 5:7 3:21, 3:23, 3:24, 4:2, 6:18 Z said [2] - 5:23, 6:20 4:4, 4:5, 4:8, 4:10, up [1] - 2:25 zip [1] - 3:20 same [1] - 4:13 4:12, 4:13, 4:16, uploaded [1] - 2:5 scope [1] - 5:2 4:17, 4:21, 4:22, upon [1] - 7:11 second [1] - 2:18 4:25, 5:4, 5:11, 5:17, Utica [4] - 1:13, 2:10, section [1] - 1:6 5:18, 6:3, 6:8, 6:10, 3:19, 4:18 Section [3] - 2:12, 3:5, 6:19, 6:23, 7:5, 7:6, 4:10 7:8, 7:11, 7:12, 7:13, V Seneca [1] - 5:4 7:16, 7:19 V [1] - 3:17 served [1] - 4:14 their [1] - 3:6 vehicle [1] - 3:5 serves [1] - 5:15 them [1] - 3:15 verbal [1] - 6:15 service [1] - 4:15 there [7] - 3:2, 3:3, via [1] - 6:21 settlement [1] - 6:17 3:8, 6:22, 7:4, 7:14, virtual [1] - 2:8 Settlement [7] - 2:17, 7:15 4:9, 5:3, 5:11, 5:14, therefore [1] - 6:20 5:20, 5:21 these [2] - 6:23, 6:24 W SETTLEMENT [1] - this [15] - 2:3, 2:8, was [4] - 4:11, 4:13, 1:4 2:11, 2:14, 3:4, 3:12, 4:17, 7:9 sheets [1] - 6:6 4:2, 4:16, 4:19, 4:24, way [1] - 5:20 short [1] - 7:7 6:9, 6:14, 7:10, 7:13, we [3] - 2:23, 2:25, shortly [1] - 2:6 7:16 4:18 shown [1] - 6:6 through [3] - 3:13, week [1] - 3:13 4:8, 4:12 slope [1] - 6:11 welcome [3] - 2:2, 3:7, thus [1] - 4:2 speak [1] - 7:16 3:10 to [45] - 2:3, 2:5, 2:12, speaker [1] - 2:23 well [2] - 5:18, 6:11 2:19, 2:20, 2:21, 3:6, square [2] - 6:4, 6:5 were [5] - 6:15, 6:16, 3:7, 3:9, 3:10, 3:11, standards [2] - 5:23 6:18, 7:4, 7:19 3:12, 3:14, 3:15, State [5] - 2:13, 5:3, when [1] - 6:16 3:18, 3:24, 4:6, 4:7, 5:10, 6:19, 7:6 whereupon [1] - 7:19 4:10, 4:16, 4:19, state [3] - 1:7, 5:17, whether [1] - 2:22 4:20, 4:22, 5:8, 5:17, 5:22 which [2] - 2:16, 2:25 5:18, 5:21, 5:23, 6:2, statement [3] - 3:8, who [1] - 2:24 6:9, 6:11, 6:13, 6:17, 3:10, 7:13 will [11] - 2:4, 2:5, 6:20, 7:4, 7:6, 7:10, statements [2] - 3:14, 2:23, 2:24, 2:25, 3:3, 7:11, 7:12, 7:13, 4:19 3:8, 3:12, 3:21, 4:21, 7:16, 8:4 stormwater [1] - 6:10 6:24 today [1] - 3:13 Street [1] - 5:5 wishes [1] - 3:9 tonight's [2] - 2:3, submit [2] - 3:10, 3:14 wishing [1] - 3:14 2:19 system [4] - 5:9, 5:18, with [8] - 2:21, 2:22, town [1] - 2:17 6:10, 7:2 3:21, 3:23, 4:21, Town [1] - 4:25 5:12, 5:22, 7:5
Custom Court Reporting Jaclyn Conte, Court Reporter 315-725-7273
INTRODUCTORY F.N. 2021-023.1 NO. 023
ONEIDA COUNTY BOARD OF LEGISLATORS
RESOLUTION NO. 023
INTRODUCED BY: Messrs. Waterman, D’Onofrio 2ND BY: Mr. Davis
RE: RESOLUTION AUTHORIZING COUNTY ATTORNEY TO EFFECT THE ACQUISITION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF NEW HARTFORD
WHEREAS, The County intends to reconstruct Middle Settlement Road (County Route 30) in the Town of New Hartford, and
WHEREAS, Relative to the reconstruction of Middle Settlement Road (County Route 30) in the Town of New Hartford, Oneida County, as lead agency, has commenced the New York State Environmental Quality Review (SEQR), and
WHEREAS, The acquisition of such properties will need to be made in accordance with the findings set forth by the Department of Public Works concerning the forthcoming Final Environmental Impact Statement, now, therefore be it
RESOLVED, That the Oneida County Board of Legislators hereby authorizes and directs the County Attorney to perform any and all tasks necessary and appropriate to acquire said real property; and be it further
RESOLVED, That the Oneida County Board of Legislators hereby authorizes the County Executive to execute any agreements and any other documents necessary to acquire said real property.
APPROVED: Public Works Committee (February 4, 2021) Ways and Means Committee (February 10, 2021 )
DATED: February 10, 2021
Adopted by the following vote: AYES 23 NAYS 0 ABSENT 0 INTRODUCTORY F.N. 2021-023.2 NO. 024
ONEIDA COUNTY BOARD OF LEGISLATORS
RESOLUTION NO. 024
INTRODUCED BY: Messrs. Waterman, D’Onofrio 2ND BY: Mr. Davis
RE: APPROVAL OF THE SHORT ENVIRONMENTAL ASSESSMENT FORM FOR UNLISTED ACTIONS PURSUANT TO THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT RECONSTRUCTION OF MIDDLE SETTLEMENT ROAD IN THE TOWN OF NEW HARTFORD
WHEREAS, Oneida County has completed the impact assessment pursuant to the State Environmental Quality Review (SEQR) process for the reconstruction of Middle Settlement Road in the Town of New Hartford, and
WHEREAS, The review process has determined that the proposed action will not result in any significant environmental impacts should this project be undertaken, now, therefore be it
RESOLVED, That the Oneida County Board of Legislators, hereby confirms the findings set forth in the Short Environmental Assessment Form that the reconstruction of Middle Settlement Road in the Town of New Hartford, will not result in any significant environmental impacts. Accordingly, the County of Oneida hereby issues a Negative Declaration with regard to the reconstruction of Middle Settlement Road in the Town of New Hartford.
APPROVED: Public Works Committee (February 4, 2021) Ways and Means Committee (February 10, 2021)
DATED: February 10, 2021
Adopted by the following vote: AYES 23 NAYS 0 ABSENT 0
March 10, 2021, the Oneida county board of legiINTRODUCTORY F.N. 2021-043 NO. 044
ONEIDA COUNTY BOARD OF LEGISLATORS
RESOLUTION NO. 044
INTRODUCED BY: Messrs. Waterman, D’Onofrio 2ND BY: Mr. Joseph
RE: APPROVAL OF AN AMENDMENT TO RESOLUTION NO. 023 OF 2021
WHEREAS, This Board is in receipt of a request to amend Resolution No. 023 of 2021, which was passed on February 10, 2021, to add a provision authorizing the Chairman of the Board of Legislators to executive any agreements to acquire real property associated with the acquisition of property relative to the reconstruction of Middle Settlement Road in the Town of New Hartford, and
WHEREAS, Said Amendment must be approved by the Oneida County Board of Legislators, now, therefore, be it hereby
RESOLVED, That the Oneida County Board of Legislators hereby authorizes the Chairman of the Board of Legislators to execute any deeds or other documents that he is required to execute pursuant to the law, the County Charter or Administrative Code, and hereby authorizes the County Executive to execute any other agreements and any other documents necessary to acquire said real property.
APPROVED: Public Works Committee (March 9, 2021) Ways and Means Committee (March 10, 2021)
DATED: March 10, 2021
Adopted by the following vote: AYES 23 NAYS 0 ABSENT 0 Short Environmental Assessment Form Part 1 - Project Information
Instructions for Completing
Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item.
Part 1 – Project and Sponsor Information
Name of Action or Project:
PIN 2754.27 - Middle Settlement Road Improvement Project Project Location (describe, and attach a location map): Town of New Hartford, Oneida County, New York Brief Description of Proposed Action: The proposed project consists of the reconstruction of the road surface, the construction of pedestrian facilities, the improvement of drainage, andthe improvement of non-standard horizontal and vertical curves to meet current design standards along approximately 0.7 miles of New York State Route 5B (Middle Settlement Road) from New York State Route 5 (Seneca Turnpike) to Clinton Street in the Town of New Hartford, NY. The project includes reconstructing the existing highway without the addition of new travel lanes. Project work will include minor widening of roads to provide 11-foot wide lanes to meet design criteria (existing lanes are 10-feet wide) and adding a 5-foot sidewalk along the entire length of the Project site. Project disturbance will not exceed 10 acres.
Name of Applicant or Sponsor: Telephone: (315) 793-6213
Oneida County Department of Public Works, Mark E. Laramie, P.E. (Commissioner) E-Mail: [email protected] Address: 5999 Judd Road City/PO: State: Zip Code: Oriskany New York 13440 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ✔ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: ✔ 3. a. Total acreage of the site of the proposed action? ______6.25 acres b. Total acreage to be physically disturbed? ______5.08 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? ______N/A acres
Check all land uses that occur on, DUHadjoining RU near the proposed actioQ Ƒ✔ 8UEDQ Rural (non-agriculture) ,ndustrial ✔ Commercial Residential (suburban) Ƒ✔ )RUHVW Agriculture $TXDWLF✔ 2WKHU 6SHFLI\ Fields 3DUNODQG
Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ✔ b. Consistent with the adopted comprehensive plan? ✔
NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ✔
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: ______✔
NO YES a. Will the proposed action result in a substantial increase in traffic above present levels? ✔ E Are public transportation services available at or near the site of the proposed action? ✔ F Are any pedestrian accommodations or bicycle routes available on or near WKHsite of the proposed ✔ action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies:
Not______applicable to the proposed project. ✔ ______
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No, describe method for providing potable ZDWHU: ______✔ ______
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No, describe method for providing wastewater treatment: ______Not applicable to the proposed project ✔ ______
D'RHVWKHSURMHFWVLWHFRQWDLQRULVLWVXEVWDQWLDOO\FRQWLJXRXVWRDEXLOGLQJDUFKDHRORJLFDOVLWHRUGLVWULFW NO YES ZKLFKLVOLVWHGRQWKH1DWLRQDORU6WDWH5HJLVWHURI+LVWRULF3ODFHVRUWKDWKDVEHHQGHWHUPLQHGE\WKH &RPPLVVLRQHURIWKH1<62IILFHRI3DUNV5HFUHDWLRQDQG+LVWRULF3UHVHUYDWLRQWREHHOLJLEOHIRUOLVWLQJRQWKH ✔ 6WDWH5HJLVWHURI+LVWRULF3ODFHV"
✔ E ,VWKHSURMHFWVLWHRUDQ\SRUWLRQRILWORFDWHGLQRUDGMDFHQWWRDQDUHDGHVLJQDWHGDVVHQVLWLYHIRU DUFKDHRORJLFDOVLWHVRQWKH1<6WDWH+LVWRULF3UHVHUYDWLRQ2IILFH 6+32 DUFKDHRORJLFDOVLWHLQYHQWRU\" D. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? ✔ E Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? ✔ If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: ______A Wetland Delineation Report for the project (EDR, 2018} identified two small wetlands (0.04 acre total) and two intermittent streams within______the Study Area. The wetlands and streams are likely to be considered jurisdictional by the USAGE under Section 404 of the Clean Water Act. The project development and construction plans are being designed to avoid or minimize impacts to the wetlands and______streams. Impacts are expected to be below 0.10 acre, and the project should qualify for a Nationwide Permit (#14) with no mitigation required.
Page 2 of 3 Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ƑShoreline Ƒ✔ Forest ✔Agricultural/grasslands ✔Early mid-successional ✔ Wetland ✔ƑUrban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? ✔ The EAS Section 7 finding for the project is: May affect, not likely to adversely affect the Northern long-eared bat. 16. Is the project site located in the \HDUIlood plan? NO YES ✔
NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, ✔
a. Will storm water discharges flow to adjacent properties? ✔
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? ✔ If Yes, briefly describe: ______
______
18. Does the proposed action include construction or other activities that ZRXOGresult in the impoundment of water NO YES or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain WKHpurpose and sizeRIWKHLPSRXQGPHQWBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Due to the nature of the project, stormwater management facilities will need to be a part of the project. Treatment will take place inside ✔ of______the ditches in dry swales which will impound stromwater during rainfall events and control the outlet rate post storm.
_19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes, describe: ______✔ ______
20.Has the site of the proposed action or an adjoining property been WKHsubject of remediation (ongoingRU NO YES completed)for hazardous waste? If Yes, describe: ______✔ ______
I &(57,)< THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsorname: BBBBBBBBBBBBBBBBBBBBBMark E. Laramie, P.E. ______BBBBBBBBB ______Date:1/6/2021 ______
Signature: ______7LWOHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBCommissioner
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Part 2 LVWREHFRPSOHWHGE\WKH/HDG$JHQF\ Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? ✔ 2. Will the proposed action result in a change in the use or intensity of use of land? ✔
3. Will the proposed action impair the character or quality of the existing community? ✔
4. Will the proposed action have an impact on the environmental characteristics that caused the ✔ establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ✔ affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ✔ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ✔ a. public / private water supplies? b. public / private wastewater treatment utilities? ✔ 8. Will the proposed action impair the character or quality of important historic, archaeological, ✔ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, ✔ waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage ✔ problems? 11. Will the proposed action create a hazard to environmental resources or human health? ✔
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For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ✔ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts.
______Oneida County ______Name of Lead Agency Date ______Gerald J. Fiorini Chairman ______of the Board of Legislators Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer ______Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer)
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