Response to Comments Received on the SEQRA DEIS
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Response to Comments Received on the SEQRA DEIS 1 INTRODUCTION Based on the proposed funding and regulatory approvals initially anticipated for the Portageville Bridge Project (Project), a Draft Environmental Impact Statement (DEIS) was prepared for the Project in accordance with the New York State Environmental Quality Review Act (SEQRA), with the New York State Department of Transportation (NYSDOT) as SEQRA lead agency. NYSDOT accepted the SEQRA DEIS for circulation on November 26, 2012, and the document was made available for public review. The public review period for the SEQRA DEIS extended from November 26, 2012 through February 1, 2013, and a public hearing was held in January 2013. Subsequent to that process, federal funding for the Project through the Congestion Mitigation and Air Quality improvement (CMAQ) program was identified, making the Project subject to federal environmental review procedures. Accordingly, the Federal Highway Administration (FHWA), in cooperation with NYSDOT, is conducting environmental review of the Project in accordance with the National Environmental Policy Act (NEPA) and SEQRA. A NEPA Environmental Impact Statement (EIS) process has been undertaken, including preparation of a NEPA DEIS in July 2014. FHWA and NYSDOT are the NEPA joint lead agencies and NYSDOT is the SEQRA lead agency for the Project. This document summarizes and responds to the substantive comments received on the Project during the public review period for the SEQRA DEIS. It was prepared immediately prior to release of the NEPA/SEQRA DEIS in July 2014, to describe how comments already provided in the prior review period have been or will be addressed. 2 PUBLIC COMMENT PERIOD FOR SEQRA DEIS During the public comment period on the SEQRA DEIS, copies of the SEQRA DEIS were distributed to the Project mailing list and were made available for review on the Project’s website (www.dot.ny.gov/portagevillebridge) and at the following locations during normal business hours: New York State Department of Transportation: 50 Wolf Road, Albany, NY 1530 Jefferson Road, Rochester, NY New York State Office of Parks, Recreation and Historic Preservation: Letchworth State Park Visitors’ Center, Castile, NY Public Libraries: Bell Memorial Library, 16 East Street, Nunda, NY Mt. Morris Library, 121 Main Street, Mount Morris, NY Cordelia A. Greene Library, 11 S. Main Street, Castile, NY Perry Public Library, 70 N. Main Street, Perry, NY Pike Library, 65 Main Street W., Pike, New York 1 Portageville Bridge PIN 4935.79 The public comment period remained open through the close of business on February 1, 2013. Written comments (mail, fax, email, and submissions at the public hearing) were accepted through that date. Written comments received after February 1, 2013 were also accepted. In addition, a joint public hearing was held by NYSDOT and the Project Sponsor, Norfolk Southern Railway Company, on January 10, 2013 in Mount Morris, New York to accept public comments on the SEQRA DEIS and to accept comments on the acquisition of real property for project right-of-way by the Project Sponsor, including the potential for such acquisition by condemnation pursuant to Section 17 of the New York Railroad Law and Article 2 of the New York Eminent Domain Procedure Law. At the public hearing, engineering, environmental, and right-of-way aspects of the project were described in a brief formal presentation. In addition, before and after the hearing, NYSDOT and Project Sponsor representatives were available to answer questions. A court reporter transcribed the public hearing on the SEQRA DEIS. This document provides a summary of substantive comments received on the SEQRA DEIS during the public review period. Section 3 of this document provides a list of the public agencies, elected officials, organizations, and individuals that commented on the DEIS. Section 4 provides a summary of the comments and a response to each, with the name of the commenter(s) who made the comment provided in parentheses after each comment. These summaries convey the substance of the comments made, but do not necessarily quote the comments verbatim. Comments are organized by subject matter and generally parallel the chapter structure of the DEIS. Where more than one commenter expressed similar views, those comments have been grouped and addressed together. 3 COMMENTERS 3.1 Representatives of Federal, State, County, and Local Governments U.S. Department of the Army, Buffalo District, Corps of Engineers, Mark L. Lester, Biologist, letter dated January 16, 2012 (USACE) – Comment 31. U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Northeast Region, Mary A. Colligan, Assistant Regional Administrator for Protected Resources, letter dated January 11, 2013 (NMFS) – Comment 29. U.S. Department of the Interior, Bureau of Indian Affairs, Scott Meneely, Acting Director Eastern Region, letter dated January 28, 2013 (BIA) – Comment 36. U.S. Department of the Interior, U.S. Fish and Wildlife Service, David A. Stilwell, Field Supervisor, letter dated January 31, 2013 (USFWS) – Comments 30, 43. New York State Department of Environmental Conservation, Scott E. Sheeley, Regional Permit Administrator, letter dated February 8, 2013 (NYSDEC) – Comments 3, 4, 28, 44, 45. New York State Office of Parks, Recreation and Historic Preservation, Mindy Scott, Deputy Commissioner Finance and Administration, letter dated February 1, 2013 (OPRHP) – Comments 2, 8, 20, 21, 32, 33, 39, 46, 47, 54. Livingston County Environmental Management Committee, David W. Parish, written comments provided at public hearing (Livingston EMC) – Comments 1, 7. Town of Portage, NY, David M. DiMatteo, Esq., of Law Office of David M. DiMatteo, counsel to the Town of Portage, letter dated February 5, 2013 (Portage) – Comment 53. 2 Response to Comments Received on SEQRA DEIS 3.2 Elected Officials U.S. Congressman Tom Reed, comments made at public hearing on January 10, 2013, delivered by Alison Hunt (Reed) – Comment 26. New York State Senator Cathy Young, comments made at public hearing on January 10, 2013, delivered by William Heaney (Young) – Comment 7. 3.3 Representatives of Interest Groups and Businesses Buffalo–Niagara Partnership, Craig Turner, comments made at public hearing on January 10, 2013 (BNP) – Comment 26. Finger Lakes Trail Conference, Inc., Irene Szabo, letter dated January 15, 2013 (FLTC) – Comment 52. Friends of the Genesee Valley Greenway, Joan Schumaker for FOGVG Board of Directors, letter dated January 20, 2013 (FOGVG) – Comments 14, 16, 17, 52. Landmark Society of Western New York, Wayne Goodman, Executive Director, letter dated January 31, 2013 (Landmark Society) – Comments 14, 16, 17, 37. Parks & Trails New York, Robin Dropkin, Executive Director, letter dated January 29, 2013 (PTNY) – Comments 14, 16, 17. The New York, Susquehanna and Western Railway Corporation, Nathan R. Fenno, President, letter dated January 3, 2013 (NYS&W) – Comment 26. Keith Nugent, Owner, Keith’s Citgo, Portageville, NY, written comments provided at public hearing (Nugent) – Comment 27. Rails-to-Trails Conservancy, Carl Knoch, Manager of Trails Development, Northeast Regional Office, e-mail dated January 15, 2013 (RTC) – Comment 7. Western New York & Pennsylvania Railroad, Carl Belke, COO, comments made at public hearing on January 10, 2013 (WNYPR) – Comment 26. 3.4 Individuals Evelyn Avery, e-mail dated January 18, 2013 (Avery) – Comment 7. Brian Bodah, e-mail dated January 14, 2013 (Bodah) – Comment 7. Pauline Buck, e-mail dated January 15, 2013 (Buck) – Comment 7. Caliber Building, e-mail dated January 14, 2013 (Caliber) – Comment 12. George Comes, e-mail dated January 15, 2013 (Comes) – Comment 13. Karen Cox, e-mail dated January 7, 2013 (Cox) – Comment 15. Douglas Cunningham, e-mail dated January 15, 2013 (Cunningham) – Comment 19. Amy Currier, e-mail dated January 23, 2013 (Currier) – Comment 7. Joseph Dougherty, e-mail dated January 10, 2013 (Dougherty) – Comment 13. Neil G. Gow, e-mail dated January 17, 2013 (Gow) – Comment 7. David R. Griggs, e-mail dated January 29, 2013 (Griggs) – Comment 7. Michael Herzog, e-mail dated January 19, 2013 (Herzog) – Comment 17. 3 Portageville Bridge PIN 4935.79 Paul Hoffman, e-mail dated February 2, 2013 (Hoffman) – Comments 18, 52. Jamie M. Howard, e-mail dated January 16, 2013 (Howard) – Comments 7, 19. Steve Hull, e-mail dated January 16, 2013 (Hull) – Comment 7. Marylyn Ianiri, e-mail dated January 15, 2013 (Ianiri) – Comment 15. Kerry Ivers, e-mail dated January 15, 2013 (Ivers) – Comment 7. Richard H. Jordan III, e-mail dated January 30, 2013 (Jordan) – Comment 9. Jim Kemp, e-mail dated January 11, 2013 (Kemp) – Comment 22. Harvey L. Kliman, e-mail dated January 20, 2013 (Kliman) – Comment 7. John Kucko, comments made at public hearing on January 10, 2013 (Kucko) – Comments 15, 18. Jeffrey Marcus, e-mail dated January 14, 2013 (Marcus) – Comment 10. Mb, e-mail dated January 15, 2013 (Mb), – Comment 7. Martin V. Oulton, Jr., e-mail dated January 17, 2013 (Oulton) – Comment 25. Cindy Myers, e-mail dated February 9, 2013 (Myers) – Comments 15, 23, 24. Diane H. Peapus, e-mail dated January 17, 2013 (Peapus) – Comment 7. Donald L. Pevsner, Esq., e-mails dated December 18, 2012 and December 24, 2013 (Pevsner) – Comments 9, 11, 35. Esther Pitzrick, e-mail dated January 19, 2013 (Pitzrick) – Comment 7. Jason Poole, e-mail dated January 2, 2013 (Poole) – Comments 7, 34. Gary Prodrick, e-mail dated January 17, 2013 (Prodrick) – Comment 7. Marsha E. Redden, letter dated January 13, 2013 (Redden) – Comment 7. Rory Schnurr, e-mail dated January 2, 2013 (Schnurr) – Comment 7. Edward J. Sheats, Esq., e-mail dated January 15, 2013 (Sheats) – Comment 7. B.B. Steitz, e-mail dated January 15, 2013 (Steitz) – Comment 7. Scott Thomas, e-mail dated February 1, 2013 (Thomas) – Comment 7. James H. Tyler, P.E., F.ASCE, e-mail dated January 14, 2013 (Tyler) – Comment 15. Don Ulp, e-mail dated January 22, 2013 (Ulp) – Comments 7, 55.