DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT ADVANCED MANUFACTURING PARK - INFRASTRUCTURE MASTER PLAN CITY OF LACKAWANNA, ERIE COUNTY, NEW YORK
VOLUME I - DGEIS
PROJECT SPONSOR AND LEAD AGENCY: Buffalo and Erie County Industrial Land Development Corporation 95 Perry Street, Suite 403, Buffalo, New York 14203 TEL: 716-856-6525
PREPARED BY: AECOM USA, Inc. 257 West Genesee Street, Suite 400, Buffalo, New York 14202-2657
WWS Planning 4915 Pineledge Drive North, Clarence, NY 14031
Watts Architecture and Engineering 95 Perry Street, Suite 300, Buffalo, NY 14203
Environmental Design & Research 217 Montgomery Street, Suite 1000, Syracuse, NY 13202
Date Accepted by Lead Agency: Public Hearing Date: Public Comments Accepted Through:
May 5, 2020
Executive Summary
ES.1 Description of the Proposed Action
The Buffalo and Erie County Industrial Land Development Corporation (ILDC) acting as Lead Agency pursuant to the State Environmental Quality Review Act and its implementing regulations promulgated thereto in 6 NYCRR Part 617 (collectively, referred to as SEQRA) has prepared this Draft Generic Environmental Impact Statement (DGEIS) to assess the potential environmental impacts that may result from implementation and construction of the Infrastructure Master Plan to guide the development of the ILDC Advanced Manufacturing Park on a portion of the former Bethlehem Steel Corporation (BSC) steel plant in Lackawanna, New York (the Master Plan or Project). Adoption and implementation of the Infrastructure Master Plan constitutes the Project or Proposed Action subject to SEQRA.
The total Project Site consists of approximately 244 acres, of which the ILDC currently owns approximately 154 acres and is in the process of purchasing approximately 90 acres from Tecumseh Redevelopment, Incorporated (Tecumseh) (the Project Site). It is anticipated that the Project will result in the installation of streets, water, sewer, stormwater management facilities, and private utilities in support of future redevelopment of the Project Site for a mix of commercial, business, and light and medium intensity manufacturing facilities. Thresholds and standards for future build-out of individual development lots will be established to help ensure that private development and state or municipal decisions proceed in accordance with the Master Plan.
The Master Plan is being prepared in accordance with the guidelines established by the Governor’s Office of Regulatory Reform and New York State Empire State Development in order to submit an application for Shovel Ready Certification under the Build Now New York Program as a Multi-Tenant Business and Technology Park. The certification of the property as a “shovel ready” economic development site allows the ILDC, future project developers, and economic development officials to work proactively with the State and other agencies, having already addressed the major permitting issues.
ES.2 State Environmental Quality Review Act Process
A Full Environmental Assessment Form (FEAF) Part 1, was completed by the ILDC in accordance with 6 NYCRR Part 617(f) of the SEQRA implementing regulations. The Proposed Action is classified as a Type 1 Action for the purposes of this environmental review. The ILDC circulated a Lead Agency solicitation letter on September 26, 2019 proposing to seek SEQRA Lead Agency status for the Project. On October 23, 2019, upon receiving no objections from potentially Involved Agencies, the ILDC resolved to assume the designation as Lead Agency. A Draft Scoping Document dated November 20, 2019 was prepared and circulated to the Involved Agencies and Interested Parties. A public scoping meeting was held on December 17, 2019. The Final Scoping Document was issued by the ILDC on January 22, 2020.
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ES.3 Environmental Assessment of Proposed Action
Section 3 of the DGEIS describes the existing environmental setting of the Project Site; identifies potential impacts from build-out of the Master Plan as a Multi-Tenant Business and Technology Park; and wherever possible, offers mitigation measures to reduce the magnitude of significant adverse impacts.
ES.3.1 Potential Adverse Environmental Impacts
Topographic Setting, Geology, and Soils
Natural topographic features across the entire Project Site have been previously disturbed as the property was developed over the years for various buildings, roadways, rail, and other facilities on the former BSC steel plant. The entirety of each development lot will be disturbed again as it is developed in order to construct buildings, parking, or landscaped green space. In order to maintain the Certificate of Completions issued under the New York State Brownfield Cleanup Program with respect to certain portions of the Project Site, anywhere the existing 12 inches of clean cover (soil or other material) is breached, penetrated, or temporarily removed, and if any underlying remaining impacted soils are disturbed, the Site Excavation Work Plan (EWP) must be followed, which is included in the respective Site Management Plans (SMPs) applicable to the Project Site. To minimize future disturbance of remaining contaminated soils, clean utility corridors will be installed along the roadways within the 100-foot ROW for water, sewer, drainage, and private utility lines. Impacts to bedrock are expected to be avoided and therefore, no significant adverse impacts are anticipated.
Brownfield Cleanup Program Status and Hazardous Materials
The Project Site is comprised of 23 individual NYSDEC-designated Brownfield Cleanup Program (BCP) sites that comprise the areas known as Business Park I and Business Park II. The BCP sites in Business Park I and Business Park II have been remediated in accordance with NYSDEC standards or are slated for remediation in accordance with their respective Brownfield Cleanup Agreements in order to facilitate industrial re-use of the BCP sites.
With respect to 9 of the BCP sites currently owned by the ILDC, a minimum of 12 inches of clean cover material has been placed along with a demarcation layer in all areas that are not paved or covered by concrete or structures and Certificates of Completion (COC) have been issued. Remediation is complete on the remaining 6 BCP sites currently owned by the ILDC, and they are in a “cover-ready” state, requiring only the 12 inches of clean cover material to be placed on-site in order to obtain their COCs. The 8 BCP sites which the ILDC is purchasing from Tecumseh are contemplated to be remediated to a “cover-ready” state, requiring only the 12 inches of clean cover material to obtain their COCs.
Any future intrusive construction work must be performed in compliance with the Excavation Work Plan, as well as the Health and Safety Plan and Community Air Monitoring Plan, which are provided as appendices in the Site Management Plans. To minimize future disturbance of remaining contaminated soil, Clean Utility Corridors will be installed along the roadways.
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Water Resources
No surface waters are located within the Project Site. However, the Project Site is bisected by Smokes Creek, which lies within an approximately 150-foot wide corridor owned by Tecumseh. The North and South Return Water Trenches are located west of the Project Site. However, no surface water resources are located within the real property currently owned by the ILDC within the Project Site. During the construction of each phase of property development, the potential exists for silt-laden stormwater runoff from construction areas to enter adjacent surface waters. Adherence to the requirements of State Pollutant Discharge Elimination System General Permit (GP-0-20-001) for the treatment and management of Stormwater Discharges from Construction Activities, and to site-specific Stormwater Pollution Prevention Plans will provide necessary mitigation measures to reduce any adverse impact to surface waters as a result of construction activities during build-out of the individual development lots.
A preliminary Stormwater Pollution Prevention Plan (“SWPPP”) has been prepared based on the current Master Plan.
No significant adverse impacts to groundwater resources are anticipated from site development and therefore, no mitigation measures are proposed.
Approximately 152 acres of the 244-acre ILDC Project Site are located outside of regulated floodplains and therefore, development in those locations are less likely to be affected by flooding. Approximately 5.4 acres of the Project Site are located in the 100-year floodplain and approximately 88.0 acres of the Project Site are located within the 500-year floodplain. Potential impacts from development within the 100-year floodplain will be mitigated through compliance with the construction requirements of §230-68 of the City of Lackawanna Code (Flood Development Permits).
The NYSDEC acquired a permanent easement for flood control purposes, 25 feet from the top of the creek along both sides of Smokes Creek corridor. The easement is within the wider Smokes Creek corridor that will remain in Tecumseh ownership.
No U.S. Army Corps of Engineers-regulated wetlands or NYSDEC-regulated wetlands or 100-foot buffer areas are mapped within the Project Site and no wetlands were observed during the field investigation of the Project Site.
Terrestrial and Ecological Resources
Due to the lack of lack of significant natural communities or rare, threatened or endangered plant species on site, the implementation of the Master Plan and subsequent site development will not result in significant adverse impacts to those natural communities or species. Subsequent build-out of the individual development lots will result in the retention of approximately 49 acres of greenspace.
Wildlife on and in the vicinity of the Project Site is typical of wildlife found in urban areas in Western New York. Development of the Project Site will result in temporary and permanent impacts to wildlife resources
Executive Summary ES-3 Executive Summary Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York and habitat. Impacts to the federally-threatened northern long-eared bat are not anticipated due to the lack of mature trees on or within the vicinity of the Project and impacts to the peregrine falcon and gulls are anticipated to be temporary in nature. Because it is anticipated that implementation of the Master Plan and future build-out of the individual development lots will not result in significant adverse impacts to existing wildlife or to rare, threatened and endangered species, no mitigation is necessary.
Existing Land Use, Zoning and Coastal Zone Consistency
The Master Plan will allow vacant land to be redeveloped with new, less intensive uses compared to the prior heavy industrial activities that formerly occupied the Project Site. This change will be positive in nature and not result in significant adverse impacts to the surrounding community.
The Project Site is located within two zoning sub-districts: BRA-LI and BRA-MI. The Master Plan is consistent with the land use and dimensional requirements for each district. Meeting the applicable zoning requirements minimizes potential impacts to land use, visual resources, noise and air quality impacts.
Implementation of the Master Plan and subsequent build-out of individual development projects are subject to a determination of consistency with the policy objectives of the City of Lackawanna’s Local Waterfront Revitalization Program (LWRP), when individual projects are reviewed by the City. The proposed uses are also consistent with the City of Lackawanna Brownfield Opportunity Area (BOA) plan for the Project Site.
Cultural Resources
A Phase 1A archaeological survey was prepared in response at the request of the New York State Office of Parks, Recreation and Historic Preservation/State Historic Preservation Office (SHPO). SHPO’s review of the completed Phase 1A survey on March 15, 2019 concluded that “It is thus the opinion of SHPO that no historic properties, including archaeological and/or historic resources, will be affected by this undertaking.” Therefore, it is anticipated that implementation of the Master Plan and build-out of the individual development sites will not result in any significant adverse impacts and no mitigation measures for cultural resources are required.
Visual and Aesthetic Resources
The Project Site, which was once a part of the former BSC steel plant, is now characterized as abandoned, vacant land with overgrowth vegetation mainly comprised of early successional plants. The Project Site is devoid of structures except for two existing electrical substations and a vacant building. Implementation of the Master Plan and build-out of the individual development sites will result in significant changes to the visible landscape that are different from the current conditions and surrounding land uses. Overall, future development of the Project Site, as guided by the Master Plan, will result in positive improvements to the aesthetic quality and visual character of the property that will vastly improve existing conditions and replace former heavy industrial land use activity with clean, modern building designs that will enhance views of the Project Site. All future development on the Project Site will be subject to site plan review by the City of Lackawanna Planning Board, with consideration given to the supplemental Design Standards in the
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Zoning Law. Given the programmatic mitigation measures the City has in place, it is not anticipated that build-out of the individual development lots will result in any significant adverse impacts to visual resources and no further mitigation measures are necessary.
Transportation
A Traffic Impact Study (TIS) was completed in 2019 to evaluate the existing local vehicular transportation network and to assess potential impacts the Project could cause on local traffic. In order to quantify potential impacts to the transportation network, the quality of traffic flow was assessed in term of levels of service (LOS). LOS values within the vicinity of the Project, after full redevelopment, are anticipated to be high. However, the LOS changes are due to the forecasted increased traffic on NYS Route 5 and not necessarily the increases associated with the Project redevelopment. The following options are likely to improve the levels of service at these two intersections:
• The addition of designated left turn and right turn lanes at the Ridge Road / SB NYS Route 5 Ramp intersection; and
• The addition of a 200-foot southbound right turn (deceleration) lane at Madison Avenue.
Public Services and Utilities
With improvements to the distribution systems, adequate natural gas and electric services are available to support build-out of the Project Site.
The conceptual site plans included in the Engineers Report for Industrial Park Infrastructure Master Plan, January 2020 prepared by AECOM (Engineers Report) and found in Appendix A. The Engineers Report provides a scenario where all potential lots can be adequately served by expanded public water and sewer systems, primarily along the proposed internal road network.
The anticipated water demand for the development of the Project is 3,528 gallons per minute (GPM). Based on the design parameters, the existing water system will be adequate to meet both domestic and fire-fighting demands from the proposed development. Therefore, no mitigation measures will be required to accommodate the increased water demand.
The total estimated average daily sanitary flow from the site development is approximately 0.65 million gallons per day (MGD). The existing available sewer capacity is 1.0 MGD at the Lackawanna Water Resource Recovery Facility and 2 MGD in the collection system along Odell Street. Therefore, the sewage flow for the proposed development will not exceed the existing sewer capacity and no mitigation measures will be required to accommodate the increased demand for treatment.
Socioeconomic Conditions
Implementation of the Master Plan and future build-out of the individual development sites will not create population within the Project Site. However, the Proposed ILDC Advanced Manufacturing Park project is
Executive Summary ES-5 Executive Summary Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York expected to provide a stabilizing effect on population in the City as employment opportunities will increase and will likely be a catalyst for desired population growth in the First Ward.
According to the ILDC - Industrial Park Infrastructure Master Plan Real Estate Analysis Draft Report prepared by AECOM in January 2019 (Real Estate Analysis Report) found in Appendix G, build-out of the individual development lots may add approximately 1,700 temporary jobs and 5,500 permanent jobs and may result in a net increase in income for workers in the City of Lackawanna and the greater Buffalo area.
Socioeconomic impacts from implementation of the Master Plan and development of the individual parcels on the Project Site are expected to be positive, and therefore, no mitigation is deemed necessary.
Noise
The surrounding land uses near the site include vacant lands and existing industrial operations within the former BSC property. There is also construction noise from various remediation activities on the remaining off-site Tecumseh-owned properties. Miscellaneous industrial operations and storage, and the “First Ward” residential neighborhood are located east of Route 5.
Because the anticipated uses in the proposed Project are permitted uses in the existing City Zoning and will adhere to Chapter 159 Noise, a detailed noise study is not recommended per the NYSDEC Program Policy DEP-00-1 Assessing and Mitigating Noise Impacts, revised February 2001.
The Project is not anticipated to have a substantial adverse change on existing noise levels at or near the Project Site. Construction activities will result in temporary noise impacts, primarily due to the operation of construction-related equipment including trucks entering and exiting the site and heavy equipment. However, construction is anticipated to be limited to “normal business” hours to mitigate the potential effects to noise sensitive receptors.
The Project Site is relatively isolated from residential noise receptors. The closest residential area to the Project is opposite NYS Route 5 to the east, in Lackawanna’s “First Ward” neighborhood. The anticipated increase in noise levels resulting from operations associated with the future light and medium manufacturing and industrial uses on the individual development lots would be similar or lower than current noise levels related to on-going operations of surrounding medium to heavy industries and businesses; and may be lower than the existing traffic-generated noise levels along Route 5. If further assessment is warranted due to the proposed location or proposed uses, then a noise study should be completed in adherence to the NYSDEC Noise Policy as part of site plan review and SEQR.
Air Quality
Impacts to air quality may occur from vehicular exhausts. Based on the traffic impact analysis studies, traffic is not anticipated to exceed the average annual growth rate for the area, and therefore vehicle related emissions impacts are anticipated to be minimal and no significant adverse impacts are expected. During construction, dust may increase but is anticipated to be temporary in nature and will not occur over prolonged periods of time. During construction excavations, if the demarcation layer within the soil is
Executive Summary ES-6 Executive Summary Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York breached (1 foot down), there is the potential that volatile organic compounds and particulates may be exposed. Dust will be controlled by utilizing appropriate best management practices (BMPs), such as mulch, water sprinkling, and wind barriers and the Community Air Monitoring Plan (within the EWP) will be followed if the demarcation layer within the soil is breached.
During the site plan review process, potential air impacts should be identified through the SEQR Coordinated Review process. Should applicant(s) propose a use that requires a state or federal air permit, or if the proposed use requires air modeling and analysis, adherence to the necessary steps needed to obtain the air permit would be required, including mitigation measures or testing or modelling.
Environmental Justice
The Study Area for the Environmental Justice analysis generally encompasses those U.S. Census Bureau block groups which lie within 400 feet of the Project Site. As detailed in the technical assessments in Section 3 of this DGEIS, there would be no significant adverse short- or long-term impacts resulting from the Project. There would be short-term minor construction-related impacts due to increased noise and traffic. There would also be the potential to disturb hazardous substances. Any hazardous substances encountered would be managed pursuant to the NYSDEC-approved SMP designed to be protective of human health and the environment. Also, impacts would have a limited duration and BMPs and other measures would be employed to minimize impacts. Although these impacts potentially could be experienced by low-income and minority populations, the impacts would be felt fairly equally by all populations proximate to the Project Site and therefore would not be disproportionate. The project would result in beneficial socioeconomic and aesthetic impacts, which would be shared equally by all living and working in the area, including minority and low-income populations
Temporary and Short-Term Impacts
Development of the Project Site will result in temporary and short-term impacts related to construction activities. The short-term noise impacts will cease upon completion of the Project construction activities. To mitigate short-term air quality impacts due to construction activities, low sulfur fuel should be used whenever possible and engine idling time should be limited. Dust will be controlled by utilizing the appropriate BMPs, such as mulch, water sprinkling, and wind barriers. To minimize exposure to volatile organic compounds and particulates, where there currently is 12 inches of clean cover material the EWP’s will be followed any time the existing 12 inches of clean cover is breached, penetrated, or temporarily removed, and any underlying remaining impacted soils are disturbed.
Significant Unavoidable Adverse Impacts
Certain environmental impacts associated with the Proposed Action are unavoidable. Unavoidable adverse impacts have been reduced to the extent practicable through the design of the Master Plan; and where appropriate, through the identification of mitigation measures and use of BMPs. Unavoidable environmental impacts associated with the Proposed Action include:
Conversion of 194.9 acres of land to impervious land cover (i.e., buildings, parking lots, roads).
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Changes to the existing drainage conditions from the increase in impervious and potential impacts from erosion and sedimentation of local drainage ways.
Short-term and long-term impacts to the existing noise setting due to construction and operation of the developed properties.
Change in land use from vacant to light and medium industrial as allowed by the City’s zoning policy.
Changes to the visual setting of the Project Site.
Increases in local traffic.
Short-term, temporary impacts related to construction activities, including noise from construction vehicles and equipment, and short-term impacts to air quality from dust and exhaust. In addition, construction activities may increase the potential for erosion, flooding, and drainage problems, although implementation of BMPs will ensure that these problems are minimized.
Irreversible and Irretrievable Commitment of Resources
The proposed Project will require some irreversible and irretrievable commitment of certain material, natural and financial resources. Existing vacant open space and existing vegetation will be replaced with development. Various construction materials and building supplies will also be committed to the future build-out of the individual development lots. The use of materials, such as gravel, concrete, steel, etc., will represent a long-term commitment of these resources. The expenditure of public funds will continue to be required throughout the process for environmental review, site and building design, permitting, site plan approval and construction phases of infrastructure for the Project. The commitment of these resources makes them unavailable for other uses.
Growth Inducing Impacts
Implementation of the Master Plan and build-out of the individual development lots is not likely to result in a greater level of development than the existing zoning otherwise allows. Any secondary development pressure (i.e., for housing and commercial services resulting from development of the Project Site) can be absorbed by vacant lands, underdeveloped properties and redevelopment of existing structures and lands within the City of Lackawanna and surrounding communities. Therefore, the Project is not anticipated to result in significant negative impacts to the surrounding area or the City as the result of further growth in the community.
Cumulative Impacts
In general, cumulative impact analysis of external projects proposed for construction in the region is required by SEQRA where the external projects have been specifically identified. Since no external
Executive Summary ES-8 Executive Summary Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York projects have been identified to be considered under an in-depth analysis of cumulative impacts associated with the Project, no further analysis has been determined to be appropriate for this action. Any development of individual lots within the Project Site that exceeds the thresholds identified in Section 5.0 of this DGEIS that necessitates additional SEQR review would also be required to address potential cumulative impacts. Additionally, when projects subject to SEQR are proposed in the future on the remaining Tecumseh-owned lands they will benefit from this DGEIS in their assessment of cumulative impacts.
The Master Plan is designed to meet market demand in terms of lot size, access, and infrastructure. The road layout and lot configuration is flexible and capable of being developed in phases. Therefore, not all the roads and utility infrastructure must be constructed at one time in order to build out some or all the individual development lots. The assessments conducted for this DGEIS consider the full build out of all the infrastructure and development of all the land available in accordance with the current zoning. The implementation of the Master Plan, including the mitigation measures identified herein, will be no less protective of the environment if all or part of the Project is completed.
ES.4 Alternatives Considered
1. Preferred Alternative: The preferred alternative is the implementation of the Master Plan for the development of an Advanced Manufacturing Park in order to advance the ILDC’s economic and community development goals. The Preferred Alternative presents the ILDC’s objectives to have in place a conceptual design for roads and utilities that can be implemented, in a phased approach as needed, to facilitate the redevelopment of this portion of the former BSC property. The potential impacts of implementation of the Master Plan and future buildout of the development lots (the preferred alternative), are summarized in Section 3 of this DGEIS. Potential impacts have been reduced or mitigated through concept design and the establishment of regulatory requirements.
2. Alternative Sites: Evaluation of alternative sites is limited to properties that are similar in size, condition, and availability. Regarding availability, the ILDC currently owns approximately 154 acres of the Project Site and is in the process of purchasing the remaining 90 acres but, does not own other lands having the unique circumstances afforded to this site. If the ILDC had control of a site of similar size with similar zoning controls, the potential environmental impacts for future development of that alternative site would be similar to implementation of the preferred alternative.
3. Alternative Size and Scale: The Master Plan is designed to be flexible in terms of road and utility layout and lot configuration. If fewer larger lots are assembled and sold, or if more smaller lots are subdivided and sold, the net developable area would be controlled under the same zoning requirements and generally result in the same impacts. Differences under these scenarios may result in the overall length and of public roads and extent of utility installation.
4. Alternative Uses of the Project Site: Under this alternative, land uses other than those proposed by the Project are considered. However, the current zoning and environmental restrictions placed on the BCP sites limit the future use to commercial and industrial facilities; residential uses are not allowed. The ILDC purchased the property with the intent to utilize public resources to facilitate
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the redevelopment of this former heavy manufacturing site to encourage new job creation. Build- out of the Master Plan best meets the ILDC’s goal to construct an advanced manufacturing park as an economic development stimulus project for the City of Lackawanna and the region.
5. No-Action Alternative: Under the No-Action alternative, the Project Site would remain in its existing condition. There would be no further public or private investment in infrastructure improvements. The property would not be subdivided into individual development lots and would remain vacant and underutilized, resulting in a loss of future economic, employment and fiscal benefits to the community. Remaining environmental remediation activities may not proceed at their current pace or at all. If not maintained, portions of the Project Site would continue to naturally revegetate and increase habitat for local flora and fauna. However, successional vegetation on site may hamper the placement of final clean cover.
The No-Action Alternative would result in economic uncertainties for the property owners and does not meet the ILDC’s objectives to obtain shovel ready certification and market the Project Site for development as an advanced manufacturing park. Therefore, it was considered but not selected as the preferred alternative.
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Table of Contents
1 Introduction – Project Description ...... 1-1 1.1 Proposed Action ...... 1-1 1.2 Site Description ...... 1-2 1.3 Project Description ...... 1-11 1.4 Project Purpose and Need ...... 1-11 2 State Environmental Quality Review Act Process ...... 2-1 2.1 Project Classification ...... 2-1 2.2 SEQRA Review Agencies ...... 2-1 2.3 Draft Generic Environmental Impact Statement ...... 2-3 2.4 Public Comment Period ...... 2-5 2.5 Generic Environmental Impact Statement ...... 2-5 2.6 Findings Statement...... 2-5 3 Environmental Setting, Potential Impacts and Mitigation ...... 3-1 3.1 Topographic Setting, Geology, and Soils ...... 3-1 3.1.1 Topography ...... 3-1 3.1.2 Soils...... 3-3 3.1.3 Subsurface Geology ...... 3-4 3.2 Brownfield Cleanup Program Status and Hazardous Materials ...... 3-5 3.2.1 History and Existing Conditions Topography ...... 3-5 3.3 Water Resources ...... 3-10 3.3.1 Surface Water Resources ...... 3-10 3.3.2 Groundwater Resources ...... 3-12 3.3.3 Floodplains ...... 3-13 3.3.4 Wetlands ...... 3-18 3.4 Terrestrial and Ecological Resources ...... 3-21 3.4.1 Plant Communities ...... 3-21 3.4.2 Wildlife Resources ...... 3-22 3.4.3 Rare, Threatened and Endangered Species ...... 3-23 3.5 Existing Land Use, Zoning and Coastal Zone Consistency ...... 3-24 3.5.1 Existing Land Use and Zoning ...... 3-24 3.5.2 Coastal Consistency ...... 3-30 3.5.3 Impacts to Land Use, Zoning and Coastal Consistency ...... 3-34 3.5.4 Mitigation of Impacts ...... 3-36 3.6 Cultural Resources ...... 3-36 3.6.1 Existing Historic/Archaeological Resources ...... 3-36
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3.6.2 Impacts to Cultural Resources ...... 3-38 3.6.3 Mitigation of Impacts ...... 3-39 3.7 Visual and Aesthetic Resources ...... 3-39 3.7.1 Existing Visual and Aesthetic Resources ...... 3-39 3.7.2 Impacts to Visual and Aesthetic Resources ...... 3-43 3.7.3 Mitigation of Impacts ...... 3-44 3.8 Transportation ...... 3-45 3.8.1 Existing Transportation Network ...... 3-45 3.8.2 Impacts to Transportation Network ...... 3-48 3.8.3 Mitigation of Impacts ...... 3-49 3.9 Public Services and Utilities ...... 3-50 3.9.1 Natural Gas ...... 3-50 3.9.2 Electricity ...... 3-50 3.9.3 Public Water Supply ...... 3-51 3.9.4 Sanitary Sewer ...... 3-52 3.9.5 Storm Sewer System ...... 3-53 3.9.6 Solid Waste Disposal ...... 3-54 3.9.7 Medical and Emergency ...... 3-55 3.9.8 Police Services ...... 3-55 3.9.9 Fire Protection ...... 3-55 3.10 Socioeconomic Conditions ...... 3-55 3.10.1 Existing Socioeconomic Conditions ...... 3-55 3.10.2 Impacts to Socioeconomic Conditions ...... 3-58 3.10.3 Mitigation of Impacts ...... 3-59 3.11 Noise ...... 3-60 3.11.1 Existing Noise ...... 3-60 3.11.2 Noise Impacts ...... 3-61 3.11.3 Mitigation of Impacts ...... 3-62 3.12 Air Quality ...... 3-62 3.12.1 Existing Air Quality ...... 3-62 3.12.2 Impacts to Air Quality ...... 3-63 3.12.3 Mitigation of Impacts ...... 3-63 3.13 Environmental Justice ...... 3-64 3.13.1 Environmental Justice Populations in the Study Area ...... 3-65 3.13.2 Environmental Effects ...... 3-66 3.13.3 Public Outreach to Environmental Justice Populations ...... 3-68
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3.14 Temporary and Short-Term Impacts ...... 3-69 3.14.1 Mitigation of Impacts ...... 3-69 3.15 Unavoidable Adverse Environmental Impacts ...... 3-69 3.16 Irreversible and Irretrievable Commitment of Resources ...... 3-71 3.16.1 Natural Resources ...... 3-71 3.16.2 Energy & Material Consumption ...... 3-71 3.16.3 Financial Resources ...... 3-71 3.17 Growth Inducing Impacts ...... 3-72 3.18 Cumulative Impacts ...... 3-73 3.18.1 Phasing ...... 3-73 4 Alternatives to the Proposed Action ...... 4 - 1 4.1 Preferred Alternative ...... 4-1 4.2 Alternative Sites ...... 4-3 4.3 Alternative Size and Scale ...... 4-4 4.4 Alternative Uses of the Project Site ...... 4-4 4.5 No-Action Alternative ...... 4-5 5 Thresholds ...... 5-1 5.1 Thresholds for Future Environmental Review ...... 5-1 5.2 SEQRA Procedures/Compliance for Future Actions ...... 5-1 5.3 Thresholds for Development of the Project Site ...... 5-2 5.3.1 Zoning and Land Cover Thresholds ...... 5-2 5.3.2 Brownfield Cleanup Program Compliance ...... 5-2 5.3.3 Transportation Thresholds ...... 5-3 5.3.4 Utility Thresholds ...... 5-3 5.3.5 Water Resources Thresholds ...... 5-4 5.3.6 Visual Thresholds ...... 5-4 5.3.7 Noise Thresholds ...... 5-4 5.3.8 Air Thresholds ...... 5-4 6 References ...... 6-1
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List of Appendices
Appendix A Engineers Report Appendix B Preliminary Stormwater Pollution Prevention Plan Appendix C Agency Correspondence Appendix D Phase IA Archaeological Report Appendix E Photographic Log Appendix F Traffic Impact Study Appendix G Real Estate Analysis Report
List of Figures
Figure 1 Site Location Map ...... 1-5 Figure 2 Infrastructure Master Plan (with Aerial) ...... 1-7 Figure 3 Former Buildings ...... 1-9 Figure 4 Concept Infrastructure Master Plan (Build-Out) ...... 1-13 Figure 5 Existing Environmental Cover ...... 3-7 Figure 6 Effective FEMA Floodplains ...... 3-15 Figure 7 Wetlands & Streams ...... 3-19 Figure 8 Visual Resources ...... 3-41
List of Tables
Table 1 Impacts to Topography ...... 3-2 Table 2 Additional Remedial Measures Required ...... 3 - 9 Table 3 Floodplain Impacts ...... 3-18 Table 4 Existing Cover Types ...... 3-21 Table 5 Proposed Final Cover Type ...... 3-22 Table 6 Zoning Requirements ...... 3-29 Table 7 National Register of Historic Places Within One Mile of the Project Site ...... 3-37 Table 8 Buildings with Unique Site Numbers Within One Mile of the Project Site ...... 3-37 Table 9 Existing – AM & PM Peak Hour LOS Analysis ...... 3-47 Table 10 Future – AM & PM Peak Hour LOS Analysis ...... 3-49 Table 11 Hydrant Flow Data ...... 3-51 Table 12 Anticipated Water Demand ...... 3-51 Table 13 Water System Design Parameters ...... 3-52 Table 14 Estimated Sewage Flows ...... 3-53 Table 15 Population Trends ...... 3-56 Table 16 Projected Population Trends ...... 3-56 Table 17 Leading Industries in Lackawanna ...... 3-57 Table 18 Low-Income and Minority Populations ...... 3 - 6 6
Table of Contents iv Table of Contents Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
Acronyms/Terminology List
AAQS Ambient Air Quality Standards ACS American Community Survey amls above mean sea level APE Area of Potential Effect Application Shovel Ready Certificate Application AQI Air Quality Index
BCA Brownfield Cleanup Agreement BCP Brownfield Cleanup Program BMP Best Management Practices BRA Bethlehem Redevelopment Area BRA-LI Bethlehem Redevelopment Area-Light Industrial Zoning District BRA-MI Bethlehem Redevelopment Area-Medium Industrial Zoning District BOA Brownfield Opportunity Area BSC Bethlehem Steel Corporation BUD Beneficial Use Determination
COC Certificate of Completion
DGEIS Draft General Environmental Impact Statement DOT Department of Transportation
ECL Environmental Conservation Law ECWA Erie County Water Authority ESDC Empire State Development Corporation EWP Excavation Work Plan
FEMA Federal Emergency Management Agency FGEIS Final Generic Environmental Impact Statement FIRM Flood Insurance Rate Map
GPD gallons per day GPM gallons per minute GEIS General Environmental Impact Statement GORR Governor’s Office of Regulatory Reform GP General Permit
HVAC Heating, ventilation and air conditioning
ILDC Buffalo and Erie County Industrial Land Development Corporation in. Inches IPAC Information for Planning and Consultation
Table of Contents v Table of Contents Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
LOS Level of Service LWRA Local Waterfront Revitalization Area LWRP Local Waterfront Revitalization Program
Master Plan ILDC Infrastructure Master Plan
NFTA Niagara Frontier Transportation Agency NHA National Heritage Area NOI Notice of Intent NYS New York State NYCRR New York Codes, Rules and Regulations NYNHP New York Natural Heritage Program NYS New York State NYSDAM New York State Department of Agriculture and Markets NYSDEC New York State Department of Environmental Conservation NYSOPRHP New York State Office of Parks, Recreation and Historic Preservation NRCS Natural Resources Conservation Service NWI National Wetland Inventory psi pounds per square inch
RCRA Resource Conservation and Recovery Act ROW right of way
SBRR South Buffalo Railroad SCO Smokes Creek Overlay District SEQR State Environmental Quality Review SEQRA State Environmental Quality Review Act and its implementing rules promulgated in Title 6 of the New York Code, Rules, and Regulations, Part 617 SFHA Special Flood Hazard Area SPDES State Pollutant Discharge Elimination System SMDM NYS Stormwater Management Design Manual SWPPP Stormwater Pollution Prevention Plan
Tecumseh Tecumseh Redevelopment Inc. TIS Traffic Impact Study
USACE United States Army Corps of Engineers USDA United States Department of Agriculture USEPA Untied States Environmental Protection Agency USFWS United States Fish & Wildlife Service USN Unique Site Number
WRA Waterfront Revitalization Area
Table of Contents vi Table of Contents 1 Introduction – Project Description
1.1 Proposed Action
The Buffalo and Erie County Industrial Land Development Corporation (ILDC) acting as Lead Agency pursuant to the State Environmental Quality Review Act and its implementing regulations promulgated thereto in 6 NYCRR Part 617 (collectively, referred to as SEQRA) has prepared this Draft Generic Environmental Impact Statement (DGEIS) to assess the potential environmental impacts that may result from implementation of an Infrastructure Master Plan to guide the development of the ILDC Advanced Manufacturing Park on a portion of the former Bethlehem Steel Corporation (BSC) steel plant in Lackawanna, New York (the Master Plan or Project). Adoption and implementation of the Infrastructure Master Plan constitutes the Project or Proposed Action subject to SEQRA.
It is anticipated that the Project will result in the installation of streets, water, sewer, stormwater management facilities, and private utilities in support of the future build-out of one or more individual development lots to be located on the site for a mix of commercial, business, and light and medium intensity manufacturing and industrial facilities. The number of development lots to be created and sold remains to be determined, depending on demand. Thresholds and standards for future development will be established to help ensure that private development and state or municipal decisions proceed in accordance with the Master Plan. The Proposed Action also includes the City of Lackawanna’s review of the Master Plan for consistency with requirements of the City’s subdivision regulations, zoning code, and consistency with the applicable policies and recommendations in the City’s Local Waterfront Revitalization Program (LWRP) and Brownfield Opportunity Area (BOA) plan.
The conceptual Master Plan was prepared in accordance with the guidelines established by the Governor’s Office of Regulatory Reform (GORR) and New York State Empire State Development (ESD) in order to submit an application for Shovel Ready Certification under the Build Now New York Program as a Multi- Tenant Business and Technology Park. The Shovel Ready Certification Application (Application) includes the following elements per the guidance:
Shovel Ready Self-Evaluation Checklist Shovel Ready Certification Application Assembly of the necessary documentation to complete Section 2 of the Checklist including the following:
o Conceptual Site Plan and approval from the municipality o State Historic Preservation Office review and sign off o Phase I and/or Phase II Environmental Site Assessment o Floodplain boundaries and mapping o Park covenants, rules and regulations document (not applicable) o U.S. Fish & Wildlife Service consultation and sign off, if applicable o SEQR compliance including a Negative Declaration or GEIS
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o Site Survey o Soil Survey map o Special district approval (i.e., agricultural districts) o NYSDEC sign off on preliminary SWPPP o Traffic Impact Study with DOT approval o Wetlands delineation and pre-application meeting (not applicable) o Wetlands Mitigation Plan (not applicable)
1.2 Site Description
The Project Site consists of approximately 244-acres of the former BSC steel plant located at 2303 Hamburg Turnpike (west side) in the City of Lackawanna between its borders with the City of Buffalo to the north and the Town of Hamburg to the south (the Project Site). The Project Site is comprised of tax map parcel SBL 141.11-1-48-13 and a portion of tax map parcel SBL 141.11-1-48.11. The ILDC has purchased (or is in the process of purchasing) from Tecumseh Redevelopment, Incorporated (Tecumseh) the portions of the former BSC steel plant known as Business Park I and Business Park II, with the larger planning area referred to as the Bethlehem Steel Redevelopment Area (BSRA). The total Project Site consists of approximately 244 acres, of which the ILDC currently owns approximately 154 acres and is in the process of purchasing approximately 90 acres from Tecumseh. In December 2019, the ILDC conveyed 24 acres of its 154 acres to Time Release Properties, LLC. - Lot 4 on the Master Plan. Figure 1 depicts the Site Location Map. Figure 2 depicts an aerial view of the Project Site with the Master Plan overlain.
The Project Site is principally vacant and unoccupied by buildings. However, in the past the Project Site was developed with numerous buildings and structures utilized by BSC as part of its steel plant operations. With the exception of one building, all the former steel plant facilities have been demolished on the Project Site. The one building exception is an approximately 18,000 square foot vacant building (former locomotive repair shop). Other built features on-site include internal access roads, newly constructed Dona Street, the Bethlehem Shoreline Trail recreation path, relocated South Buffalo Railway tracks, overhead electric, water, and sewer services, and a natural gas pipeline owned by National Fuel Gas. However, numerous foundations and subsurface structures remain below the surface. See Figure 2 for aerial view. A depiction of the former building locations is presented Figure 3. Also located within the bounds of the Project Site are two electrical substations on out-parcels totaling approximately 1.4 acres, which are not included in the ILDC’s 243.7-acre Project Site.
The Project Site is generally situated within the remainder of the larger former BSC site to the north, south and west and bound by Fuhrmann Boulevard and Hamburg Turnpike (NYS Route 5) to the east. Other significant surrounding land uses include:
Gateway Trade Center and Union Ship Canal located to the north near the City of Buffalo Boundary;
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A mix of Gateway Metroport Ship Canal, former BSC industrial buildings and vacant land, new industrial development (Welded Tube USA, Steel Sun Solar Farm), rail yards, and Lake Erie located to the west;
Vacant land and former BSC industrial buildings located to the south near the Town of Hamburg boundary.
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1.3 Project Description
Implementation of the Master Plan will result in the installation of public streets, water, sewer, and private utility infrastructure. The Master Plan was prepared to support the future subdivision and redevelopment of the site for a mix of commercial, business, advanced manufacturing, and light and medium intensity industrial facilities consistent with the land uses allowed in the Bethlehem Redevelopment Area - Light and Medium Industry zoning districts. The ILDC intends to subdivide and sell individual lots for private development. The Infrastructure Master Plan anticipates the creation of approximately twelve separate lots ranging in size from 5.8 acres to 66.6 acres. The conceptual lots are arranged along a proposed street layout that provides access to one of four new public streets. The internal street layout accesses NYS Route 5 from extensions of Ridge Road, Odell Street, Madison Street, and the recently completed extension of Dona Street into the Project Site. The Master Plan depicts a total of approximately 8,950 linear feet of new streets. Each proposed lot has frontage and access along 4,025 linear feet of proposed streets. An additional 4,925 linear feet of potential future streets provide flexibility to accommodate further subdivision of the proposed lots into additional small development lots, if the demand warrants. The potential future streets would also provide interconnection between the four access points to NYS Route 5. Conceptual Site Plans are included in Appendix E of the Engineers Report found in Appendix A of this DGEIS.
The Master Plan is intended to facilitate a shovel ready project that can be modified to meet the market demand in terms of lot size, access, and infrastructure. The lot configuration can be adjusted depending on how lots are sold/assembled and is capable of being developed in phases. The Infrastructure Master Plan is presented in Figure 2 overlain on aerial photography and Figure 4 in a conceptual build-out depicting maximum coverages under existing zoning.
1.4 Project Purpose and Need
A primary purpose of the Project is to support certification of the ILDC Advanced Manufacturing Park under the New York State Shovel Ready Certification Program. According to GORR:
“Having an economic development site certified as a ‘Shovel Ready Site’ means that the local developer has worked proactively with the State to address all major permitting issues, prior to a business expressing interest in the location. This advance work creates a site where construction can begin rapidly, once a prospective business decides to develop a facility there. By reducing the time it takes a company to begin construction of a new facility, New York State and its local partners are able to provide valuable savings to the business and job opportunities for local residents.”
Implementation of the Master Plan to redevelop the subject property as a Multi-Tenant Business and Technology Park will facilitate the creation of jobs in the local economy. The ILDC Advanced Manufacturing Park will provide a unique location to redevelop an underutilized and vacant former heavy industrial site with modern light and medium manufacturing uses consistent with the City’s Comprehensive Plan Update (2017), BOA Implementation Strategy (2018), and application to the NY Downtown Revitalization Initiative.
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Implementation of the Master Plan and build-out of the future development lots will provide benefits to the City, County and region. The Project will facilitate quicker environmental cleanup of the Project Site. The Project will facilitate extension of the Bethlehem Shoreline multi-use path. Implementation of the infrastructure improvements will provide improved road and utility access to the remaining former BSC property and facilitate redevelopment. Redevelopment in conformance with the City’s design standards will provide visual and aesthetic improvement. The primary benefits to the community from the Project will be to serve as a catalyst for economic development; creating temporary and full-time jobs, stimulating secondary economic benefits to local businesses, and returning the site to productive use.
Under the SEQRA process, it is required that the Lead Agency (ILDC) and other Involved Agencies determine if the Project will result in any significant, unavoidable adverse environmental impacts. Each agency must evaluate and balance the public need and other social and economic benefits of the Project against the identified environmental impacts. Knowledge of the public need for a Project, and its intended benefits, assists the agencies in deciding whether any significant and unavoidable environmental impacts are justified.
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2 State Environmental Quality Review Act Process
Pursuant to regulations promulgated under SEQRA, all state, regional, and local government agencies are to consider potential environmental impacts equally with social and economic factors during preliminary stages of proposed development actions. The Lead Agency and other Involved Agencies must assess the environmental significance of all actions they have discretion to approve, fund, or directly undertake. The intent of SEQRA is not that environmental factors be the sole consideration in the decision making process. SEQRA requires Involved Agencies to balance the environmental impacts with social, economic, and other essential considerations when deciding to approve or undertake an action.
2.1 Project Classification
A Full Environmental Assessment Form (FEAF), Part 1 was completed by the ILDC. The FEAF provided a Project description, identified agencies that have permitting and approval jurisdiction over the Project, and identified potential environmental impacts. The Proposed Action is the implementation of the Infrastructure Master Plan and Shovel Ready Certification of the Project Area for development as a Multi- Tenant Commercial Business Park. In accordance with 6 NYCRR Part 617 (f) of the SEQRA implementing regulations, the Proposed Action is classified as a Type 1 Action for the purposes of environmental review because the following regulatory threshold (as identified in 6 NYCRR Part 617.4) would be exceeded:
1. The acquisition, sale, lease, annexation or other transfer of 100 or more contiguous acres of land by a State or local agency [Part 617.4(b)(4)]; 2. Physical alteration of 10 acres [Part 617.4.(b)(6).(i)]; 3. Parking for 500 vehicles in a city, town or village having a population of 150,000 persons or less [Part 617.4.(b)(6).(iii)]; and 4. In a city, town or village having a population of 150,000 persons or less, a facility with more than 100,000 square feet of gross floor area [Part 617.4(b)(6).(v)].
Other Type 1 activities may also be identified as applicable to the Project.
2.2 SEQRA Review Agencies
In the SEQRA process, there are two types of agencies: Involved Agencies (including the Lead Agency) and Interested Agencies. The Lead Agency is the one agency among all of the potential Involved Agencies that has the responsibility under SEQRA to coordinate the environmental review process for the proposed Action and is required by SEQRA for Type 1 actions. Involved Agencies have jurisdiction to fund, approve, or directly undertake an action. Known Involved Agencies and Interested Parties for the Proposed Action under the SEQRA process include:
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Buffalo and Erie County Industrial Land Development Corporation – Lead Agency 95 Perry Street, Suite 403 Buffalo, NY 14203 (716) 856-6525
City of Lackawanna City Hall 714 Ridge Road Lackawanna, NY 14218 (716) 872-6464
Erie County Industrial Development Agency 95 Perry Street, Suite 403 Buffalo, NY 14203 (716) 856-6525
Erie County Edward A Rath County Office Building 95 Franklin Street, 10th Floor Buffalo, NY 14202 Tel: (716) 858-8390
Erie County Water Authority 295 Main St., Room 350 Buffalo, NY 14203-2494 (716) 849-8484
New York State Department of Environmental Conservation, Region 9 270 Michigan Avenue Buffalo, NY 14203 (716) 851-7200
New York State Department of Transportation, Region 5 100 Seneca Street Buffalo, NY 14203 (716) 847-3238
New York Empire State Development 95 Perry Street, Suite 500 Buffalo, NY 14203 (716) 846-8200 Interested Agencies are agencies that do not have (at the time of the environmental review) permitting, funding, or approval jurisdiction directly related to the Proposed Action, but may desire to participate in the review process because of their expertise or concern regarding the action. For this Project, Interested
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Agencies may include, but are not limited to:
New York State Division for Historic Preservation Peebles Island State Park P.O. Box 189 Waterford, NY 12188-0189 (518) 237-8643
United States Army Corps of Engineers, Buffalo District 1776 Niagara Street Buffalo, NY 14207 (800) 833-6390
United States Fish and Wildlife Service 3817 Luker Road Cortland, NY 13045 (607) 753-9334
Pursuant to the requirements of SEQRA, the GEIS and Infrastructure Master Plan for the Proposed Action will be subject to review and comment by the aforementioned Involved and Interested Agencies and the public.
Upon completion of the FEAF, the ILDC circulated a Lead Agency solicitation letter on September 26, 2019 proposing to seek SEQRA Lead Agency status for the adoption and implementation of the Proposed Action. The ILDC solicited comments from all Involved and Interested Agencies. On October 23, 2019, upon receiving no objections from potentially Involved Agencies, the ILDC assumed the designation as Lead Agency for the Project. A Draft Scoping Document dated November 20, 2019 was prepared and circulated to the Involved Agencies and Interested Parties. A public scoping meeting was held on December 17, 2019 and public and agency comments were accepted through December 31, 2019. The Final Scoping Document was issued by the ILDC on January 22, 2020.
2.3 Draft Generic Environmental Impact Statement
New York State’s program to certify sites as “Shovel Ready” seeks to proactively examine what types of development will be appropriate at a proposed site and to determine the potential environmental impacts of such development. The profiles developed for the Shovel Ready program contain the essential information to begin a conceptual level environmental review for a potential site.
The ILDC has determined that a Generic Environmental Impact Statement (Generic EIS or GEIS) rather than a project-specific conventional EIS is well suited for the Project because: Implementation of the Infrastructure Master Plan is one of a number of separate actions including installation of infrastructure, and sale and build-out of individual development lots in the Advanced
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Manufacturing Park which, if considered singly, may have minor impacts, but if considered together may have significant impacts;
The Master Plan is one action in a sequence of actions, contemplated by the ILDC related to the redevelopment of the site; and
The Master Plan is part of the larger program for the redevelopment of the former BSC property having wide applicability to a range of possible future projects.
Since the Proposed Action includes the Shovel Ready Certification of the ILDC Advanced Manufacturing Park as a Multi-Tennant Commercial Business Park, a GEIS is the appropriate vehicle for evaluating the potential impacts associated with development of the property. The GEIS provides a single comprehensive review and a public process to address community concerns, without unduly delaying individual projects. Where appropriate, the DGEIS presents an evaluation of the potential impacts from a full-buildout perspective in order to ensure a thorough evaluation of the potential impacts. The environmental review via a GEIS identifies many of the specific permits that will be required by a business that seeks to locate at the Project Site.
Future projects on the proposed development lots within the Project Site that fit the profile assessed in the completed GEIS will be able to expedite the project-specific aspects of the environmental review process. This may entail submitting an EAF that confirms the specific project falls within the parameters outlined in the GEIS. If no other environmental impacts are identified, the SEQRA process is complete and development can move forward with the site plan approval(s) process with minimal delay.
This DGEIS, was prepared in accordance with SEQRA. The purpose of this DGEIS is to identify and evaluate the potential impacts of developing the property, and where applicable, to identify reasonable mitigation measures to reduce the effect of significant adverse impacts. Additionally, the DGEIS discusses a range of reasonable alternatives that are feasible, presented at a level of detail to allow a comparative assessment of each. Finally, the DGEIS is intended to facilitate the balancing of environmental issues with social and economic considerations.
This DGEIS provides the means for the public and Involved Agencies and Interested Parties to review and comment on the Proposed Action and will provide a sound basis for informed and interested decision- making related to funding and approving or undertaking the Proposed Action. The DGEIS considers impacts that would specifically relate to the Proposed Action, identifies the relevant environmental impacts of the Proposed Action, discusses measures to mitigate or lessen these impacts, and evaluates reasonable alternatives to the Proposed Action.
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2.4 Public Comment Period
After the ILDC, as Lead Agency, reviews the DGEIS and accepts it as complete and ready for public and agency review, the DGEIS will be released for public review and comment. During the public comment period, written comments on the DGEIS will be accepted and a public hearing will be held to allow individuals to provide verbal comments. The length of the public review and comment period will be a minimum of 30 days. The ILDC will establish public review time frames in accordance with SEQRA requirements.
2.5 Generic Environmental Impact Statement
Upon completion of the public review period, the ILDC will prepare a Final Generic Environmental Impact Statement (FGEIS), which responds to and addresses public and agency comments. The FGEIS includes the DGEIS (and its appendices) by reference, the substantive comments received, responses to these comments, and any significant revisions to the DGEIS.
2.6 Findings Statement
The final step in the SEQRA process is the preparation of the Findings Statement. In order for the Proposed Action to be approved, the Lead Agency and the Involved Agencies must prepare Findings Statements that positively demonstrate that the Proposed Action minimizes or avoids the adverse environmental effects to the maximum extent practicable, and that the Proposed Action incorporates practicable mitigation measures that were identified during the SEQRA process. These demonstrations must be based on facts and conclusions derived from the DGEIS, public and agency comments, any hearing records (as applicable), the approved FGEIS, and pertinent regulatory requirements governing, funding, approving, or undertaking the action. The Findings Statement will identify the potential impacts and provide the ILDC’s rationale for its approval or disapproval of the Proposed Action.
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3 Environmental Setting, Potential Impacts and Mitigation
This section describes the environmental setting in which the Project is located; identifies potential impacts from implementation of the Infrastructure Master Plan for the ILDC Advanced Manufacturing Park; and where applicable, identifies possible mitigation measures to reduce the magnitude of significant adverse impacts.
Assessments of anticipated impacts are provided commensurate to the level of detail known at this time. The assessments are based on the conceptual Infrastructure Master Plan prepared to-date (Figure 4) with the understanding that the Infrastructure Master Plan is subject to change as individual development sites are defined, sold and built-out. Note that the Gross Area reported on Figure 4 includes 1.4 acres of Outparcels, which are not included in ILDC’s Project Site. Where no, or limited, detail is available, this section provides qualitative assessments of potential impacts in order to identify the additional review that may be required at the time individual development projects are proposed (See Section 5 - Thresholds).
3.1 Topographic Setting, Geology, and Soils
3.1.1 Topography
The Project Site is generally flat without significant topographic relief (Figure 1) and no discernable drainage pattern. Topographic map coverage is provided by the U. S. Geological Survey (USGS), 7.5 minute “Buffalo, SE” quadrangle map, 2016. Topographic contours indicate that the property slopes gently, generally to the west toward the Gateway Metroport Ship Canal and Lake Erie. The Project Site lies at an approximate elevation of 585 feet above mean sea level (amsl) with the highest area at the eastern end of the property.
Immediately west of the Project Site is a man-made drainage channel designated as the North Return Water Trench. The trench begins near the former Pumping Station No. 1 and flows north to the Union Ship Canal. There are no active outfalls into the North Return Water Trench from the Project Site. Further south and immediately west of the Project Site is another man-made drainage channel designated as the South Return Water Trench that begins near the former Blowing Engine House No. 1 and flows south to Smokes Creek. Historically and currently, the trench collects and discharges groundwater and stormwater to Smokes Creek under an active SPDES permit (No. NY-0269310). There are no active outfalls into the South Return Water Trench from the Project Site except for treated groundwater discharge from an on-site groundwater remediation system (i.e., South Linde system on BCP Parcel II-4), which discharges near the confluence of the South Return Water Trench and Smokes Creek.
Natural topographic features across the entire Project Site have been previously disturbed as the Project Site was historically low-lying and then filled with slag and developed over the past approximately 100
Environmental Setting, 3-1 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York years for various buildings, roadways, rail, and other facilities of the former BSC steel plant. Figure 3 depicts the known former BSC buildings and structures that previously occupied the Project Site sometime prior to being razed during past cleanup activities. Within the ILDC Project Site, all but one of the original buildings has been demolished, and further topographic alterations have resulted from remediation activities on the various BCP parcels, including 93.43 acres which have received 12 inches of final clean cover. There are no significant areas remaining on the Project Site that still have natural contours.
3.1.1.1 Impacts to Topography
Impacts to topography will include earthwork to construct and install on-site infrastructure, including utilities and roadways. Given the current conditions of the Project Site, it is anticipated that the entirety of each development lot will be disturbed, and its topography altered as it is developed in order to construct buildings, parking, or landscaped green space. See Table 1: Impacts to Topography.
Table 1: Impacts to Topography
Gross Area Developable Area Lot No. (acres) (acres) 1 41.7 33.4 2 9.9 7.4 3 13.1 10.5 3A 5.8 4.6 4 24.1 19.3 4A 10 8 5 8.5 6.4 6 9.1 6.8 7 66.6 51.9 8 10.8 8.6 9 6.5 4.9 10 11.7 8.5 SUBTOTAL 170.3 Existing Road Right-of-Way 2.4 Proposed Road Right-of-Way 10.7 Shoreline Trail (existing and future) 11.5 Greenspace 1.4 TOTAL PROJECT SITE 243.7 194.9 *Total Project Site excludes 1.4 acres of outparcels (electric substations).
Under the current zoning requirements, impervious surfaces may comprise a maximum 75% of the Light
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Industry lots and 80% of the Medium Industry lots for a maximum total lot coverage of approximately 170.3 acres (not including road ROW and trails). Approximately 84 acres (3.66 million square feet) of the total impervious area may be comprised of buildings. However, for the purposes of this DGEIS, it is anticipated that the remaining lot area will also require grading for landscaping and open space on each of the individual development lots. Given the existing conditions, previous site disturbance and lack of significant relief, build-out of the individual development sites is not anticipated to result in a significant adverse impact to the topography of the Project Site.
3.1.1.2 Mitigation of Impacts
Given the relatively flat nature of the Project Site, construction will not result in major changes to the general topography. Because of the minor nature of the impact to site topography, no mitigation is anticipated beyond standard stormwater controls required by the City of Lackawanna and NYSDEC.
3.1.2 Soils
According the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey, the Project Site is entirely comprised of the soil Urban Land, which consists of paved, foreign, or disturbed soils. Monitoring well drilling logs from within the Project Site indicate that the upper two to eight feet is composed of steel and iron-making slag and/or other miscellaneous fill material. Underlying the fill material are lacustrine silts and clay. Additionally, structural remnants and other features associated with historic integrated steel-making facilities (concrete pads, bricks, etc.) were noted within the Project Site.
Cover material has since been placed on top of the existing soils in parts of the Project Site in order to prevent exposure to remaining contamination on site. A minimum of 12 inches of clean soil, stone, or NYSDEC-approved material has been placed at the following BCP sub-parcels: I-1, I-3, I-5, I-7, I-9, I-10, II-10, I-11, and II-12. On the BCP sub-parcels that have received the 12 inches of clean cover, a demarcation layer (i.e. geotextile fabric, orange poly netting, or similar non-degradable visual demarcation) has also been installed in all areas that are not paved or covered by concrete or structures. The remaining BCP sub- parcels are required to have 12 inches of clean soil, stone, or NYSDEC-approved material in place.
According to the NRCS inventory of farmland soils, the site does not consist of prime farmland soils. The NRCS soils survey mapping has also identified the Project Site as consisting of a hydric rating of 5% and without a drainage class. Hydric soils are defined by the National Technical Committee for Hydric Soils as soils that under natural conditions, are either saturated or inundated long enough during the growing season to support the growth and reproduction of hydrophytic vegetation. Due to the fill material comprising the entire Project Site, percolation rates are high.
3.1.2.1 Impacts to Soils
Temporary or short-term impacts to soils will occur during site earthwork activities associated with construction of roads, infrastructure, and building sites. Existing clean cover soils will be disturbed or removed during Project construction. In order to maintain the existing Certificates of Completion (COC),
Environmental Setting, 3-3 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York for BCP sub-parcels I-1, I-3, I-5, I-7, I-9, I-10, II-10, I-11, and II-12, when the existing 12 inches of clean cover (soil or other material) is breached, penetrated, or temporarily removed, and if any underlying remaining impacted soils are disturbed, the Site Excavation Work Plan (EWP) will be followed, which is included in the respective SMPs. Each EWP indicates that a 15-day advance notice is required to the NYSDEC prior to any proposed ground-intrusive activities.
Fill brought into the site for the Project will generally be for construction bedding material and must follow the requirements indicated in the EWP (NYSDEC-approved borrow soils, etc.). Excavated cover material from building foundations and infrastructure development will be re-used on site as much as possible.
3.1.2.2 Mitigation of Impacts to Soils
Earth work activities will generally be restricted to areas proposed for immediate development.
In areas to be graded, topsoil (where cover has been placed) will be stripped to segregate topsoil from sub-soil and stockpiled for use in site restoration as construction and final grading and landscaping activities are completed.
Disturbance to non-construction areas will be avoided to the maximum extent practicable.
As part of the State Pollutant Discharge Elimination System (SPDES) General Permit for Storm Water Discharges from Construction Activities, a SWPPP will be in place during construction to minimize impacts from soil erosion and to prevent sediment transport from the site. Possible mitigation measures are described more fully in the preliminary SWPPP found in Appendix B.
The EWP will be followed when the existing clean cover material is breached. The EWP includes, but is not limited to, appropriate excavation, transport, and re-use measures.
To minimize future disturbance of remaining contaminated soil at the Project Site, Clean Corridors will be installed along the roadways within the 100-foot ROW. A Clean Corridor is a trench installed along the roadway which is lined with a demarcation layer to separate native soil from clean fill. The trench will be used for water, sewer, drainage, and private utility lines.
3.1.3 Subsurface Geology
Beneath the overburden deposits, the bedrock consists of Levanna shale and Stafford limestone of the Hamilton Group and Skaneateles Formation of the Middle Devonian Period. According to the NYSDEC decision documents for the Tecumseh Business Parks I and II applicable to the Project Site and issued between January 2012 and January 2017, the depth to bedrock beneath the soils mapped on the property is approximately 34 feet in the northwestern corner to 45 feet in the southern portion of Business Park II and within the Business Park I bedrock is approximately 30 feet below surface near the western perimeter and about 60 feet below the surface in the eastern portions of the Property.
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3.1.3.1 Impacts to Subsurface Geology
It is anticipated that earthwork associated with development of the property will not impact bedrock beneath the property. If any impacts were to occur, it would likely be restricted to the regolith overlying bedrock. No blasting or excavation of large amounts of bedrock is anticipated.
3.1.3.2 Mitigation of Impacts to Subsurface Geology
Impacts to bedrock associated with implementation of the ILDC Infrastructure Master Plan are expected to be avoided or not to result in significant adverse impacts, and therefore, no mitigation has been identified. If impacts to bedrock are anticipated during design of the individual development projects, additional assessment and mitigation may be required.
3.2 Brownfield Cleanup Program Status and Hazardous Materials
3.2.1 History and Existing Conditions Topography
The Project Site is comprised of two NYSDEC-designated Brownfield Cleanup Program (BCP) sites: Tecumseh Business Park I and Tecumseh Business Park II. Business Park I and portions of Business Park II are now owned by the ILDC (approximately 154 acres); the portions of Business Park II not currently owned by ILDC are owned by Tecumseh (approximately 90 acres). However, the ILDC is currently in the process of purchasing the remaining portions of Business Park II. The BCP sites in Business Parks I and II have been remediated or are slated for remediation in accordance with their respective Brownfield Cleanup Agreements (BCAs).
The original BCA for the Business Park I BCP Site was executed on December 12, 2005 as BCA Index No. B9-0696-05-06(A). Subsequently, in order to stimulate sale and redevelopment of more manageable-sized properties and promote “green remediation”, Tecumseh requested and NYSDEC agreed to divide the Business Park I BCP Site into 11 sub-parcels that are designated BCP Sites I-1 through I-11. The original BCA for the Business Park II BCP Site was executed on March 14, 2007 as BCA Index No. B9-0696-05- 06(B). Similar to Business Park I, Tecumseh also requested and NYSDEC also agreed to divide the Business Park II BCP Site into 12 sub-parcels (See Figure 5).
The BCA for Site I-11 was amended on December 13, 2017 to divest a 0.77-acre strip of real property currently under construction for future dedication to Erie County for the Bethlehem Shoreline Trail. On March 9, 2018, a separate new BCA was issued for the 0.77-acre divested property (NYSDEC Site No. C915197L). The Bethlehem Shoreline Trail will be extended along another divested strip of real property contained within adjoining Sites I-2, I-4, I-6, I-8, II-8, and II-11 (BCP Site Nos. C915197B, -D, -F, and -H and C915198H and –K, respectively). The BCAs for each of these adjoining sites were amended to divest the property for the Bethlehem Shoreline Trail in similar fashion to the BCA for Site I-11. This creates a single BCA for the Bethlehem Shoreline Trail – BCP Site No. C915197L.
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Certificates of Completion (COC) have been issued for Business Park I Site Nos. I-1, I-3, I-5, I-7, I-9, I- 10, and I-11 (BCP Site Nos. C915197, C915197C, -E, -G, -I, -J, and –K, respectively) and Business Park II Site Nos. II-10 and II-12 (BCP Site Nos. C915198J and –L, respectively). Cover material has been placed at the sites with COCs as an engineering control. A minimum of 12 inches of clean soil, stone, or NYSDEC- approved material has been placed with a demarcation layer (i.e. geotextile fabric, orange poly netting, or similar non-degradable visual demarcation) installed in all areas that are not paved or covered by concrete or structures. All remediation at the following BCP sites is complete, except further placement of the required 12 inches of minimum cover: I-2, I-4, I-6, I-8, II-1, II-6, II-7, II-8, II-9, and II-11. Cover has yet to be placed at the sites.
BCP Sites II-2, II-3, II-4, and II-5 require additional remediation measures prior to cover placement. BCP Site II-2 requires in-situ stabilization (ISS) to be implemented to treat a petroleum impacted area 30 feet by 30 feet in a four-foot layer situated from 5 feet to 9 feet below ground surface located in the northeastern portion of the Project Site. Approximately 45 cubic yards of soil is scheduled to be excavated. Further details on the remedial measures to take place at BCP Site II-2, prior to being developed, is located within the Business Park II Site Management Plan (SMP)
A Source Removal Action Work Plan has been submitted to the NYSDEC for BCP Site II-3 to remove approximately 70 cubic yards of soil. This work is to be completed in the near future and should allow for issuance of a COC.
3.2.1.1 Impacts
The BCP-required protective cover system has been placed on BCP Sites I-1, I-3, I-5, I-7, I-9, I-10, I-11, II-10, and II-12. Certificates of Completion have been issued for each of these BCP sites and they are ready for redevelopment.
In a letter dated June 28, 2017, NYSDEC stated that for the remaining six ILDC-owned BCP Sites (I-2, I- 4, I-6, I-8, II-8, and II-11) all interim remedial measures required by the Decision Documents for the respective sites have been completed and that the only remaining action required to obtain COCs for those sites is placement of the protective cover system.
All eight of the Tecumseh-owned BCP sites within the Project Site (II-1, II-2, II-3, II-4, II-5, II-6, II-7, and II-9) require placement of a protective cover system prior to COC issuance. The placement of the protective cover system will allow for development of future commercial and industrial use at the sites. Additional remedial measures are required for Sites II-2, II-3, and II-5; a Decision Document has not been issued for Site II-4 but it is anticipated additional remedial measures will be required. The additional required work, as laid out in the AECOM Memo dated October 11, 2018, is summarized in the Table 2: Additional Remedial Measures Required.
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Table 2: Additional Remedial Measures Required
Sub- Area Additional Required Work Parcel # (acres)
In-situ stabilization (ISS) will be implemented to treat a petroleum impacted area II-2 9.43 30 feet by 30 feet in a 4-foot layer situated from 5 feet to 9 feet below ground surface located in the northeastern portion of the site of the site.
Source Removal Action Work Plan submitted to NYSDEC. This work to be II-3 23.4 completed in near future and should allow for a closure report.
No Decision Document yet - Tecumseh must present alternatives beyond their II-4 1.4 original remedy (which was rejected). This would have to be presented in a Decision Document and have public input.
ISS will be implemented to treat a petroleum impacted area located in the center II-5 5.78 of the site. The area is 120 feet by 50 feet over a four-foot depth approximately 5 to 9 feet below ground surface.
Construction of the road and utility infrastructure and future build-out of individual development lots will involve excavation and removal of soil for building foundations. Potential impacts from exposure of potentially contaminated soils may result from removing the existing clean cover and disturbing the underlaying soils.
3.2.1.2 Mitigation of Impacts
Any intrusive construction work must be performed in compliance with the EWP, as well as the Health and Safety Plan and Community Air Monitoring Plan, which are provided as appendices in the Business Park I and Business Park II SMPs. The EWP provides procedures to be implemented if the cover system is breached, penetrated, or temporarily removed and any underlying remaining impacted soils are disturbed. A 15-day advance notice must be sent to the NYSDEC prior to any proposed ground-intrusive activities pursuant to the EWP.
To minimize future disturbance of existing soil at the site, clean utility corridors will be installed along the roadways. A clean utility corridor is a trench installed for utilities along the roadway which is lined with a demarcation layer to separate existing soil from clean fill. As depicted on the Conceptual Site Plans for the Advanced Manufacturing Park – Infrastructure Master Plan, October 2019, the “Typical Curbed Pavement Section” includes a “Clean Utility Corridor” outside the 28-foot pavement section. Within the 100-foot ROW, the trench is shown as 26 feet wide and varying depth. The clean utility corridor trenches have room for water or sewer and gas or electric on either side, as well as underdrainage, sidewalks and streetlight conduit on each side. By providing clean utility corridors along both sides of the ROW, disturbance of potentially impacted soils within the ROW is minimized while providing utility access to each proposed lot for future development.
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Soils removed from the ROW for the construction of the road and clean utility corridors will remain on site in accordance with the EWP for that Business Park. Any deviation from the requirements of the EWP will require prior approval from the NYSDEC.
According to the EWP, all soil, fill, and solid waste excavated and removed from the Project Site will be considered contaminated, regulated material to be transported and treated or disposed at a permitted facility in accordance with all local, State, and Federal regulations. If alternate off-site disposal of soil or fill from the site is proposed (e.g., at another regulated brownfield site), a form request with an associated plan will be made to the NYSDEC. Unregulated off-site management of materials from this Project Site will not occur without formal NYSDEC approval.
On-site reuse of soil or fill material, including slag material, is acceptable provided that the material does not exhibit visual or olfactory evidence of contamination, and photoionization detector measurements of the atmosphere at the soil/fill interface do not exceed 5 parts per million above background.
3.3 Water Resources
Surface water, groundwater, wetland, and floodplain resources within the Project Site and vicinity are addressed in this section of the DGEIS.
3.3.1 Surface Water Resources
3.3.1.1 Predevelopment Conditions
No surface waters are located within the Project Site. However, the Project Site is bisected by Smokes Creek, which lies within an approximately 150-foot wide corridor owned by Tecumseh. Smokes Creek has a NYSDEC Classification and Standard of C,C, indicating its best usage is for fishing. Smokes Creek runs westerly into Lake Erie.
The North and South Return Water Trenches are located west of the Project Site. These off-site stormwater channels discharge from adjacent properties into Smokes Creek (South Return Water Trench) and into the Union Ship Canal (North Return Water Trench).
3.3.1.2 Impacts to Surface Water Resources
No surface water resources are located within the ILDC’s Project Site. However, the Project Site is located just east of Lake Erie and is bordered by Smokes Creek to the south and Union Ship Canal to the north. Storm water runoff treatment requirements as prescribed in the New York State Stormwater Management Design Manual will be required and provided for in the site’s development. During the construction of each phase of property development, the potential exists for silt-laden stormwater from construction areas to enter adjacent surface waters. Similarly, build-out of the property will result in an increase in stormwater peak flow and volume due to the conversion of natural land characteristics to impervious surfaces such as buildings, roads and parking lot surfaces.
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Under post-developed conditions, the increased impervious area will decrease the time of concentration of flows leaving the site, which will increase the peak runoff and volume. Uncontrolled, the increase in peak runoff and volume may have negative impacts to the Project Site and/or adjacent properties. In order to mitigate these negative impacts, post-construction stormwater management is required. Due to the high percolation rates on site and limited access to adjacent waterbodies, it is anticipated that localized on-lot treatment and infiltration facilities will be provided. Future site developers will be required to follow the NYS Stormwater Management Design Manual (SMDM) (August 2015), which requires the incorporation of green infrastructure practices. These controls will be designed based on the construction of the facilities. If on-site infiltration methods are not available, stormwater discharges can also be piped through new storm sewers along the NYS Route 5 ROW to either Smokes Creek or the Union Ship Canal. In addition, an easement could be granted by the adjacent property owner(s) to the west to access the existing South Return Water Trench, North Return Water Trench, or the Union Ship Canal.
The proposed streets to be located on-site will manage stormwater through a series of curbside catch basins and 12-inch diameter (minimum) storm sewers located beneath the pavement. Discharge will drain into existing and new storm sewers and ultimately into either Smokes Creek or the Union Ship Canal. A subsurface stormwater treatment structure will be installed on the outlet sewer prior to discharge into Smokes Creek.
A SWPPP is required for coverage under the NYSDEC State Pollutant Discharge Elimination System (SPDES) General Permit for the treatment and management of Stormwater Discharges from Construction Activities associated with development of the Project Site. The SWPPP serves as the minimum requirement necessary for proper stormwater management during construction for the initial site work of the Project. Since the final layout and size of buildings, parking lots, and total impervious area is unknown at this time, stormwater infrastructure and facilities for the final design of the site is also unknown. Therefore, a preliminary SWPPP has been prepared based on the current Master Plan and is found in Appendix B.
The conceptual infrastructure plans and Engineers Report (see Appendix A) describe provisions to handle stormwater collected from proposed public streets. Overall, future build-out of the individual development lots must comply with applicable state and local regulations regarding stormwater and therefore, no significant adverse impacts are anticipated.
3.3.1.3 Mitigation of Impacts
Adherence to SPDES GP-0-20-001 requirements and to the SWPPP will provide necessary mitigation measures to reduce any adverse impact to surface waters as a result of construction activities within the Project Site.
Project-specific SWPPPs will be required for each individual development lot during the site plan review/approval process. Erosion and Sediment Control plans for the site clearing and grading will be included in the project-specific SWPPPs.
In order to mitigate the stormwater impacts from development of the individual development sites, post- construction stormwater management maybe required. The designated post-stormwater management areas
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Pervious pavements Green roofs Rain gardens Subsurface disposal trenches Infiltration/evaporation basins
Mitigation measures identified in the preliminary SWPPP include but are not limited to the following temporary and permanent erosion control/slope stabilization practices:
Silt fence Dust control Stabilized Construction Entrance Check Dams Temporary stockpiling of topsoil, gravel, backfill, etc. Initiating soil stabilization measures as soon as practical
At a minimum, and in accordance with GP-0-20-001, documented weekly site inspections will be performed during construction by a qualified inspector to ensure all required erosion and sediment control measures are in place, properly positioned and in good condition. Those inspections will be continuous until earth-disturbing construction activities have been discontinued and all disturbed areas have been permanently stabilized. If unanticipated site conditions warrant additional methods of control, the Contractor, in consultation with the project Environmental Monitor/Inspector, shall implement those measures in accordance with the NYS Standards and Specifications for Erosion and Sediment Control (November 2016) and the New York State Stormwater Management Design Manual (January 2015).
3.3.2 Groundwater Resources
3.3.2.1 Existing Groundwater Resources
According to the Remedial Investigations completed for the former BSC property, the first water bearing zone ranges from approximately 4 to 6 feet below the ground surface within the soil/slag-fill unit of the Business Park I BCP Site and from approximately 6 to 13 feet below ground surface within the soil/slag- fill unit of the Business Park II BCP Site. Additionally, according to the NRCS Web Soil Survey, the depth to the water table is greater than 6.6 feet. Shallow groundwater generally flows west/southwest toward the Gateway Metroport Ship Canal and Lake Erie, as well as northwest toward the Union Ship Canal and Buffalo Outer Harbor.
Due to the proximity to Lake Erie and the municipal water supply, groundwater in the area has not been developed for industrial, agricultural, or public supply purposes. There is a deed restriction that prohibits
Environmental Setting, 3-12 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York the use of groundwater for potable purposes or non-potable purposes without treatment, therefore, no groundwater supply wells are present within the Project Site.
Groundwater quality throughout the Project Site was assessed during Remedial Investigation activities. Details on groundwater monitoring and sampling results are contained in the SMPs. During site investigations, only one groundwater monitoring well, located near the upgradient side of the site, was found to contain metals (barium, iron, magnesium, manganese, and sodium) at concentrations exceeding the NYSDEC groundwater quality criteria. No contaminants of potential concern were found in exceedance of the NYSDEC groundwater quality criteria in any of the groundwater wells sampled. As a result, no groundwater monitoring is required by the SMPs.
3.3.2.2 Impacts to Groundwater
The Project Site does not overlie any Primary Water Supply Aquifers or Principle Aquifers as defined and mapped by the NYSDEC Division of Water (http://www.dec.ny.gov/lands/36119.html). Facilities developed on the property will not use groundwater for potable water purposes or any other purpose as the site will be served by the Erie County Water Authority.
3.3.2.3 Mitigation of Impacts
No significant adverse impacts to groundwater resources are anticipated from site development and therefore, no mitigation measures are proposed. Any construction activities performed at the site must comply with the SMP’s EWP and therefore, will not result in significant adverse groundwater impacts.
3.3.3 Floodplains
3.3.3.1 FEMA Floodplains
The Project Site is in a location covered by the FEMA Flood Insurance Rate Map Community Panels 36029C0328H and 36029C0336H, with an effective date of June 7, 2019, which indicate that a majority of the Project Site is located in the 500-year floodplain, while a portion is located within a special flood hazard area (SFHA) (Figure 6). A SFHA is an area “that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year,” also known as a 100-year floodplain. Areas along and adjacent to Smokes Creek are within Zone AE or a 100-year floodplain. Further north and south of Smokes Creek, the Project Site is located within the 500-year floodplain.
3.3.3.2 Impacts to Floodplains
Approximately 152 acres of the 244-acre ILDC Project Site is located outside of regulated floodplains and therefore, development in those locations are less likely to be affected by flooding. In accordance with §230-68 - Flood Development Permits of the City of Lackawanna Code, the portion of the Project
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Site located within the 100-year floodplain or SFHA, require a floodplain development permit prior to the start of construction for activities within the 100-year floodplain. Portions of the Project Site within the 500-year floodplain do not require a Flood Development Permit.
According to the effective floodplain mapping, the Project Site would only be located within the 100-year floodplain immediately north and south of Smokes Creek. The Smokes Creek corridor is not owned by the ILDC and therefore, not part of the Project Site. Approximately 5.4 acres of the Project Site is located in the 100-year floodplain, including portions of proposed lots 1, 2 and 3A, as well as a small portion of proposed Road A and portions of the proposed extension of the Shoreline Trail Easement. Approximately 88.0 acres of the Project Site is located within the 500-year floodplain. Potential floodplain impacts within the Project Site are presented in Table 3: Floodplain Impacts.
3.3.3.3 Mitigation of Impacts
Per §230-68 - Flood Development Permits of the City of Lackawanna code, build-out of the future development lots 1, 2 and 3A, which are located within the 100-year floodplain “shall either: have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water.” Further construction details on mitigating flooding are included in §230-68.H.2.b. of the City of Lackawanna code. Adherence to the applicable requirements for development within the 100-year floodplain will minimize the likelihood of significant adverse impacts from flooding.
Table 3: Floodplain Impacts
Effective Floodplains
100-Year/500- Acreage Location Year Impacted 50’ wide Easement Bethlehem Shoreline Trail 500-Year 0.6 Existing Public Street ROW 500-Year 1.9 Potential Extension of Shoreline Trail Easement 100-Year 2.1 Potential Extension of Shoreline Trail Easement 500-Year 1.0 Proposed 1-acre Trail Head Area 100-Year 0.1 Proposed 1-acre Trail Head Area 500-Year 0.9 Proposed Lot 1 100-Year 3.1 Proposed Lot 1 500-Year 29.2 Proposed Lot 2 500-Year 7.0 Proposed Lot 3 500-Year 11.4 Proposed Lot 3A 100-Year <0.1 Proposed Lot 3A 500-Year 1.3 Proposed Lot 4 500-Year 11.5
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Effective Floodplains
100-Year/500- Acreage Location Year Impacted Proposed Lot 4A 500-Year 0.9 Proposed Lot 5 500-Year 6.5 Proposed Lot 6 500-Year 1.2 Proposed Lot 7 500-Year 10.7 Proposed Public Street ROW (Road A) 100-Year 0.1 Proposed Public Street ROW (Road A) 500-Year 1.4 Proposed Public Street ROW (Road B) 500-Year 1.4 Proposed Public Street ROW (Road C) 500-Year 0.9 Total 100-Year 5.4 Total 500-Year 88.0
3.3.4 Wetlands
3.3.4.1 Existing Wetlands
No U.S. Army Corps of Engineers (USACE)-regulated wetlands or NYSDEC-regulated wetlands or 100- foot buffer areas are mapped within the Project Site (Figure 7). According to the National Wetland Inventory (NWI), three USACE-regulated wetlands are located within proximity of the Project Site including the Gateway Metroport Ship Canal (approximately 750 feet to the west), Lake Erie (approximately 4,500 feet to the west), and Smokes Creek which bisects the Project Site’s southern extent. Smokes Creek is also identified by the NYSDEC as a C,C stream. Smokes Creek, and its accompanying 150-foot wide corridor, is not included as part of the Project Site. The closest NYSDEC-regulated wetlands are located approximately 3,000 feet to the east of the Project Site. A site walk was conducted by AECOM in October 2018 and no wetlands were observed.
3.3.4.2 Impacts to Wetlands
As stated above, no wetlands were observed during the field investigation of the Project Site, and no mapped USACE or NYSDEC regulated wetlands or associated wetland buffers are located on the site. As a result, no impacts to regulated wetlands or wetland buffers are anticipated due to the lack of regulated wetland areas on or in the vicinity of the Project Site.
3.3.4.3 Mitigation of Impacts
No wetland impacts are anticipated and therefore, mitigation measures are not required.
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3.4 Terrestrial and Ecological Resources
The Project Site, once comprised of industrial facilities, is now dominated by early successional plant communities on fill-covered ground and areas of unvegetated fill. Although not on land owned by the ILDC, the Smokes Creek corridor divides the north and south portions of the Project Site and flows into Lake Erie to the west. Locations of gravel, industrial debris, and slag are also interspersed throughout the Project Site.
3.4.1 Plant Communities
3.4.1.1 Existing Plant Communities
North of Smokes Creek, the Project Site is mainly comprised of early successional plants, such as horseweed (Conyza canadensis), common reed (Phragmites australis), goldenrod (Solidago sp.), clover (Trifolium sp.), rye (Secale cereale), crown vetch (Coronilla varia), and various species of grass. Adjacent to State Route 5, young stands of big tooth aspen trees (Populus grandidentata) and sumac (Rhus sp.) are prevalent. Various locations throughout the area are lacking vegetation due to gravel, deteriorated asphalt, or debris piles.
South of Smokes Creek, the Project Site is sparsely vegetated with early successional species, such as crown vetch, common wormwood (Artemisia vulgaris), big tooth aspen saplings, goldenrod, milkweed (Asclepias syriaca), and grape (Vitis vinifera). The southeast corner of the Project Site is dominated by big tooth aspen trees, located within a low-lying area. Species throughout the Project Site are typical for previously disturbed locations. Table 4 presents existing cover types on the Project Site.
Table 4: Existing Cover Types
Existing Cover Type Acreage Clean Fill – Successional Meadow 78.1 Successional Meadow 11.2 Successional 99.3 Clean Fill – Gravel 12.0 Impervious Surfaces 12.6 Other Non-Vegetated 30.5
3.4.1.2 Impacts to Plant Communities
Plant communities identified on site were not identified by the New York Natural Heritage Program (NYNHP) or United States Fish and Wildlife Service (USFWS) as rare, threatened, or endangered or a
Environmental Setting, 3-21 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York significant natural community, as further detailed in Section 3.4.3 below. While the entirety of the site is anticipated to be disturbed by the implementation of the Infrastructure Master Plan, the subsequent build- out of the individual development lots will result in a minimum total of approximately 49 acres of greenspace on the future development parcels as required by the existing zoning requirements. Table 5 presents the proposed final land cover types. Due to the lack of significant natural communities or rare, threatened or endangered plant species on-site, the implementation of the Master Plan and subsequent site development will not result in significant adverse impacts to those natural communities or species.
Table 5: Proposed Final Cover Type
Proposed Final Cover Type Acreage
Developable Area 170.3 (maximum possible impervious surfaces) Existing (Dona St.) and 13.1 Proposed Road Right-of-Way Shoreline Trail and Trail Parking 11.5 (include both paved and landscape surfaces)
Landscaped/Greenspace 48.8
3.4.1.3 Mitigation of Impacts
Per Project design and zoning requirements, each proposed lot within the Advanced Manufacturing Park will require a minimum percentage of its total lot to be landscaped or greenspace. The proposed Advanced Manufacturing Park is located in two zoning districts; Light Industry District and Medium Industry District. Proposed lots in the Light Industry Districts, will require 25% of each proposed lot to be landscaped/greenspace, while proposed lots in the Medium Industry District require 20% of each proposed Lot to be landscaped/greenspace.
3.4.2 Wildlife Resources
3.4.2.1 Existing Wildlife Resources
Wildlife on and in the vicinity of the Project Site is typical of wildlife found in urban areas in Western New York. Common mammals include white-tailed deer, eastern cottontail, raccoon, opossum, gray squirrels, striped skunk, and various other species of small mammals. Typical bird species include songbirds, seagulls, crows and also summer breeding birds, transient visitors during spring and fall migration, and over-wintering birds.
Reptiles and amphibians potentially utilizing the Project Site may include northern garter snake, eastern milk snake, northern brown snake, leopard frog, spring peeper, and American toad.
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3.4.2.2 Impacts to Wildlife Resources
Development of the Project Site will result in temporary and permanent impacts to wildlife resources and habitat. Project development is expected to cause localized population effects on resident fauna. Project construction may result in the mortality of less mobile fauna such as small rodents, insectivores, reptiles, and amphibians. Larger mammals such as deer, raccoon, skunk, and opossum tend to be far-ranging and opportunistic and would be minimally impacted.
Some bird species will be displaced by development. The density of these birds is typically low, and the actual number of birds displaced would also be expected to be low. All of these species are common in the area including the property.
The vacant land on the property currently provides feeding, resting and breeding opportunities for a number of wildlife species. On-site field investigations revealed that the density of bird, mammal, reptile and amphibian species occupying these areas is low. Many of these species will be displaced by development. The majority of the species inhabiting these areas are common in the general region and any will occupy new areas in the vicinity of the Project Site.
For these reasons, it is not anticipated that the Project will result in a significant adverse impact to existing wildlife resources.
3.4.2.3 Mitigation of Impacts
Based on the Master Plan and zoning requirements, of the approximately 244-acre property, a minimum of 20% of each proposed Lot will be restored with landscaping and/or greenspace (minimum of 20% per proposed Lot in the Medium Industry District and 25% in the Light Industry District). Therefore, at full build-out there will be approximately 47.9 acres of greenspace that will provide feeding, resting and breeding opportunities for wildlife.
3.4.3 Rare, Threatened and Endangered Species
3.4.3.1 Existing Rare, Threatened and Endangered Species
The United States Fish and Wildlife Service’s Information for Planning and Consultation (IPAC) was utilized to identify federally threatened, endangered, or candidate species potentially occurring within the Project Site. According to IPAC, the federally-threatened northern long-eared bat (Myotis septentrionalis) was identified as potentially occurring throughout Erie County and on the Project Site, although no suitable habitat was observed within the Project Site during on-site field investigations. IPAC did not identify any other species or critical habitats as occurring within the Project Site, documentation of the IPAC search results are located in Appendix C.
The New York Natural Heritage Program (NYNHP) was contacted to identify rare or state-listed animals or plants, or significant natural communities at the Project Site. Correspondence with NYNHP on October 19, 2018 indicated that NYNHP has no records of rare or state-listed species or significant natural
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3.4.3.2 Impacts to Rare, Threatened and Endangered Species
Impacts to the federally-threatened northern long-eared bat are not anticipated due to the lack of mature trees on or within the vicinity of the Project, as well as the existing density of commercial, industrial and residential development adjacent to the Project Site.
Impacts to the peregrine falcon and gulls are anticipated to be temporary in nature. Peregrine falcons and gulls are known to feed along lakeshores and in open spaces for a variety of prey. Due to the wide variety of feeding habitats around the Lake Erie and Buffalo River shorelines and adjacent open areas, impacts to peregrine falcon and gulls are anticipated to be minimal, https://www.allaboutbirds.org/guide/Peregrine_Falcon/lifehistory#habitat, last accessed June 7, 2019.
Additionally, impacts to the state-threatened lake sturgeon or mooneye are not anticipated due to disturbance only occurring within the Project Site and not within the adjacent waters.
3.4.3.3 Mitigation of Impacts
Because it is anticipated that implementation of the Master Plan and future build-out of the individual development lots will not result in significant adverse impacts to existing wildlife or to rare, threatened and endangered species, no mitigation is necessary.
3.5 Existing Land Use, Zoning and Coastal Zone Consistency
3.5.1 Existing Land Use and Zoning
3.5.1.1 Land Use
The Project Site is located in the City of Lackawanna, in Erie County, and lies within the Ontario-Erie Plain and Finger Lakes Region, a relatively flat expanse of land that is bordered to the north and west by Lake Ontario and Lake Erie, respectively. The City of Lackawanna, which is located north of the Town of Hamburg and the Village of Blasdell, south of the City of Buffalo, and west of the Town of West Seneca, is an urban area on the northeastern shoreline of Lake Erie. The approximately six-square mile City of Lackawanna includes a downtown urban core and a mixture of residential, institutional, industrial, and commercial land uses. Suburban development is also existent within the City’s boundaries. The City is divided into four distinct political wards. The ILDC’s Advanced Manufacturing Park Project Site is located within the First Ward.
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Over one-third of the City’s total land area is zoned for industrial use. The largest portion of industrial acreage is located between NYS Route 5 and the Lake Erie shoreline, on lands formerly owned by the BSC, who manufactured steel, coke, and related industrial products on the site from the mid-1890s to 1983; the coke ovens ceased activity in 2000. The former BSC property encompasses approximately 1,100 acres of brownfields and is owned by Tecumseh. Outside the ILDC’s Project Site, the former BSC property is occupied by other land uses including:
the Gateway Trade Center (also known as the Port of Buffalo), which is a major bulk cargo storage and transfer facility with approximately 20 acres of bulk storage space and 10 acres of paved, open storage area;
a lumber transfer facility and rail yard;
rail lines operated by the South Buffalo Railroad;
the 110,000 sq. ft. Welded Tube facility, a producer of steel pipes and tubes for the oil and gas industry;
the Steel Winds wind energy project, which includes 14 industrial-scale turbines on about 30 acres of land along the Lake Erie shoreline;
the Steel Sun solar farm, which includes 26,000 solar panels occupying lands on the north and south side of Smokes Creek; and
the Lackawanna Solar Land, LLC solar farm, which includes over 8,500 panels located north of the Welded Tube property (west of the Project Site).
Additional industrial and commercial land uses in the vicinity of the Project Site are situated east of NYS Route 5/Hamburg Turnpike, north of and along both sides of Ridge Road, and south of Lincoln Avenue. Residential land use is prevalent east of NYS Route 5, south of Ridge Road, and north of Lincoln Avenue. These areas were initially developed with housing Source: Lackawanna Comprehensive Plan (2017) for workers at the former BSC steel plant. The area east of the Project Site is densely developed with urban land uses; but is also occupied by limited areas of parks and open space.
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The 244-acre ILDC Project Site is located immediately west of NYS Route 5/Hamburg Turnpike. Existing land use on the Project Site primarily consists of vacant former industrial land. A network of internal roadways, utilities, railroad lines, and former parking lots remain on the property, some providing access or service to the Project Site. Most areas of the Project Site are covered with scrub brush and trees, particularly along the NYS Route 5 frontage. While the Project Site has been cleared of former industrial structures, there is a National Grid electrical substation, a Niagara Wind electrical substation, and a vacant building that was formerly a locomotive repair shop on the site.
3.5.1.2 Zoning
Land use in the City of Lackawanna is regulated by the Chapter 230 of the City Code, which establishes separate geographic districts for residential, commercial, and industrial land uses. The Project Site is located within a larger planning area known as the Bethlehem Redevelopment Area (BRA). The BRA zoning regulations establish minimum lot sizes, yards, lot coverage, and landscaping standards for future development within this area. The BRA is divided into five sub-districts that are intended to guide the future redevelopment of the former BSC property.
The Smokes Creek corridor, in the southern portion of the Project Site, lies within the Smokes Creek Overlay (SCO) District. The SCO District is intended to protect the ecological corridor of Smokes Creek. The SCO District traverses the Project Site east to west at its southern end. The Smokes Creek Overlay district follows the creek and prohibits development within 50 feet of its banks. It is important to note that the Smokes Creek corridor (approximately 150 wide) is not included as part of the ILDC’s Advanced Manufacturing Park project area.
In June of 2018 the City adopted a set of zoning amendments that remapped the BRA-Light Industry (BRA- LI), BRA-Medium Industry (BRA-MI), and BRA-Heavy Industrial (BRA-HI) districts. The amendments also updated the land uses allowed as “permitted” with site plan approval and allowed by “special use permit” within these districts. The site area requirements and design standards were revised in order to ensure that new development on the former BSC property is designed in a manner that enhances the visual quality of this area as part of the gateway into the City.
The Project Site is located within two zoning sub-districts: BRA-LI and BRA-MI. The Light Industry District allows development of land uses that are intended to promote employment opportunities and enhance the tax base for the City. Land zoned for this use is located along the NYS Route 5/Hamburg Turnpike corridor. Site layout and design are more strictly regulated to ensure compatibility with land use in the surrounding area and to improve local aesthetics. The Medium Industry District encourages ‘non- smokestack’ manufacturing. Allowed uses include enclosed bulk cargo storage and light manufacturing. Zoning is depicted in the set Conceptual Site Plans in Appendix E of the Engineers Report found in Appendix A of this DGEIS.
The land use and site requirements for the BRA-LI and BRA-MI are summarized in §230-17 Bethlehem Redevelopment Area – BRA and presented below:
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3.5.1.3 Light Industry District (BRA-LI). a. Permitted uses and structures: 1. Banking and commercial offices; 2. Laboratories, experimental, testing, research and development facilities; 3. Offices: corporate/regional headquarters, governmental, administrative and local service centers; 4. Office-based enterprises such as administrative, back office and telemarketing facilities; 5. Professional offices: real estate, insurance, medical and attorneys' offices in individual or common structures of at least 25,000 square feet; 6. Public utility service structure or facility; 7. Research and development offices and laboratories; 8. Trade and industrial schools (postsecondary); 9. Training facilities; 10. Indoor recreation; 11. Laboratories, experimental, testing, research and development facilities; and 12. Light manufacturing, assembly and fabrication, including: (a) Electronic component and equipment assembly; (b) Food and beverage products; (c) Household items and furniture; (d) Office equipment; (e) Panels, sheets, tubes or rods; (f) Pharmaceutical products, cosmetics or toiletries; (g) Plastic and rubber components and finished products; (h) Printing, publishing and engraving, including newspapers; and (i) Recreation equipment or toys. b. Uses allowed with special permit: 1. Telecommunication facilities as a primary use, including towers, dishes and ancillary equipment; 2. Temporary structures for construction purposes; 3. Wholesale home and garden supply, and nurseries; and 4. Warehousing, lumberyards, storage and wholesale distribution facilities (no unenclosed outdoor storage of equipment or materials).
3.5.1.4 Medium Industry District (BRA-MI). a. Permitted uses and structures: 1. Laboratories, experimental, testing, research and development facilities; 2. Offices: corporate/regional headquarters, governmental, administrative and local service centers; 3. Office-based enterprises such as administration, back office and telemarketing facilities; 4. Public utility service structure or facility; 5. Research offices and laboratories; 6. Enclosed bulk cargo storage and handling facilities; 7. Indoor recycling plants; 8. Manufacture, assembly and fabrication of the following and related products:
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(a) Food and beverage products; (b) Household items and furniture; (c) Office equipment; (d) Panels, sheets, tubes or rods; (e) Pharmaceutical products, cosmetics or toiletries; (f) Plastics and plastic components; (g) Printing, publishing and engraving, including newspapers; (h) Recreational equipment or toys; (i) Aluminum and aluminum products; (j) Automobile, marine and heavy equipment; (k) Electrical and electronic equipment and appliances; (l) Extruded products from plastics, metals and ceramics; (m) Fabrication of metal products; (n) Household and industrial chemical compounds; (o) Machinery, including parts and components; (p) Plastic and rubber components and finished products; and (q) Steel refinishing; and (r) Alternative energy components and assembly. 9. Production and handling of fuel sources from organic natural resources. b. Uses allowed with special use permit: 1. Intermodal (uses allowed in the BRA-INT District); 2. Motor freight facilities and depot; 3. Outdoor storage and distribution facilities; 4. Rail yards (limited to BRA-MI area south of Smokes Creek); 5. Concrete production (batch plant); precast concrete and aggregate products, provided there is no outdoor storage of raw materials or reclaimed materials visible from the public right-of-way; 6. Telecommunications towers as a primary use; 7. Temporary structures for construction purposes; 8. Warehousing, storage and wholesale distribution facilities; Noncommercial land filling of on-site remediation material; and 9. Solar energy production. c. Permitted accessory uses: 1. Accessory storage and maintenance buildings; 2. Communication towers/dishes required for operation of primary use; 3. Employee services such as cafeterias, credit unions and recreational facilities, which are located within the primary structure and occupy no more than 10% of the developed floor area; 4. Fences, benches, walls and hedges; 5. Off-street parking and loading facilities in conjunction with primary use (loading facilities shall be properly screened from view of NYS Route 5); 6. Outdoor storage of finished goods produced on-site (limited to 50% of site); 7. Rail sidings and service; 8. Satellite television receiving antenna, if attached to the primary structure;
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9. Signs (see §230-41); 10. Truck shipping and delivery accessory to primary operation; 11. Warehouse and distribution facilities ancillary to the primary use, and limited to a floor area not to exceed 35% of the gross floor area of the primary use; and 12. With a special use permit: Alternative energy system apparatus, if attached to primary structure (not utility scale).
West of the Project Site, the former BSC lands are zoned BRA-MI, BRA-HI and BRA-Intermodal (BRA- INT) uses. The BRA-INT zoning sub-district occupies the land area around the Gateway Trade Center/Port of Buffalo and the Lackawanna Ship Canal, for the continued use and expansion of shipping and rail infrastructure. The lands in the Stony Point area, as the north end of the former BSC property and the land area along the south shore of Smokes Creek, adjacent to Lake Erie, are zoned BRA-Lakefront Open Space (BRA-LOS) to provide for habitat protection and restoration and limited opportunities for passive recreation. East of Route 5 and the Project Site, the zoning consists of mixed residential, industrial, mixed commercial/industrial, neighborhood commercial, and some open space. The zoning requirements for the BRA-LI and BRA-MI districts are presented in Table 6.
Table 6: Zoning Requirements
Bethlehem Redevelopment Area BRA-LI BRA-MI
5 acres, 8 acres, Minimum lot size or 50 acres for PUD or 50 acres for PUD
Minimum lot frontage 300 feet 500 feet
Maximum building height 36 feet or 3 stories 60 feet
30 feet/ 50-foot setback Minimum front yard required from NYS Route 5 50 feet and Hamburg Turnpike ROW
Minimum side yard 25 feet 50 feet
Minimum rear yard NA 50 feet
Minimum buffer to Smokes Creek Greenway Corridor Overlay District 50 feet 50 feet boundary
Minimum building coverage 15% 18%
Maximum lot coverage (including 75% 80% parking)
Minimum landscaping coverage 25% 20%
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3.5.2 Coastal Consistency
The City of Lackawanna is currently updating its Local Waterfront Revitalization Program (LWRP), which was originally approved by the State in 1989. The preliminary draft update is presently under review by the NYS Department of State and is anticipated to be approved by the end of 2020. The Waterfront Revitalization Area (WRA) in the City is divided into two sub-areas due to the history of prior land use and unique character. Sub-Area 1 includes the entire length of the Lake Erie shoreline that falls within the City. The inland boundary for this sub-area is the eastern right-of-way of Fuhrman Boulevard, NYS Route 5, and Hamburg Turnpike. The northern and southern boundaries are the municipal boundaries with the City of Buffalo and the Town of Hamburg, respectively. The portion of the Smokes Creek corridor that extends east from the Lake Erie shoreline to Hamburg Turnpike (NYS Route 5) is included within this area. The ILDC Project Site for the Advanced Manufacturing Park is located in Sub-Area 1.
Sub-Area 1 encompasses the lands that were formerly owned and utilized by BSC. Much of this area has undergone remediation to address contamination problems associated with the prior use of the land. Outside the ILDC Property Site, other areas are currently undergoing or are proposed for future remediation. The primary issue identified in the LWRP in Sub-Area 1 is revitalization of abandoned and underutilized lands, and economic development. Public access is also important, although land use restrictions in Sub-Area 1 make this a more challenging prospect. This sub-area has several natural and man-made barriers that preclude its use for public access and recreation. These include active rail lines, soil stability issues as a result of a long history of land fill with the by-products of steel production, and steep slopes. These conditions present potential safety hazards to the general public.
The LWRP includes 44 policies and associated standards that are used in guiding development actions in the WRA. These policies consider the physical, economic, environmental, and cultural characteristics of the community. They are comprehensive and reflect existing laws and authority regarding development and environmental protection. Together, the policies and their standards are to be used to achieve an appropriate balance between economic growth and development and the environmental preservation, which will enable the beneficial use of waterfront resources in the City without undue impacts.
The LWRP Policies set forth vision, strategies and recommendations for future land use and development actions within the WRA. There are two LWRP policies that specifically speak to the potential redevelopment of the former BSC property, and each includes a sub-policy that applies to the Proposed Action. These include Policies 1 and 25, as follows:
Policy 1 Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational, and other compatible uses Policy 1A Redevelop the former Bethlehem Steel Plant property for industrial, transportation, office and habitat restoration, where possible
Explanation of Policy State and federal agencies must ensure that their actions further the revitalization of urban waterfront areas. The transfer and purchase of property; the construction of a new building, highway or park; the provision of tax incentives to businesses; and establishment of enterprise zones, are all examples of
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governmental means for spurring economic growth. When any such action or similar action is proposed in the City of Lackawanna Local Waterfront Revitalization Area (LWRA), it must be analyzed to determine if the action would contribute to or adversely affect revitalization efforts in this area.
It must be recognized that revitalization of once dynamic waterfront areas is one of the most effective means of encouraging economic growth, without consuming valuable open space outside of these areas. Waterfront redevelopment and revitalization is also one of the most effective ways of rejuvenating, or at least stabilizing, residential and commercial districts adjacent to areas of revitalization activity.
In responding to this policy, several other policy principles must be considered:
1. Uses requiring a location abutting the waterfront must be given priority in any redevelopment effort (refer to Policy 2 for the means to effectuate this priority). 2. As explained in Policy 5, one reason for revitalizing previously dynamic waterfront areas is that the costs for providing basis services to such areas is frequently less than providing new services to areas not previously developed. 3. The likelihood for successfully simplifying permit procedures could increase the interest to invest in the LWRA.
As a local government, the City of Lackawanna has the primary responsibility for implementing this policy. Though implementation of the Lackawanna LWRP need not be limited to redevelopment, the City must identify areas in the LWRA that are suitable for redevelopment and establish and enforce redevelopment programs accordingly.
The former Bethlehem Steel Plant property in Sub-Area 1, which is mostly owned by Tecumseh Redevelopment, Inc., has undergone substantial cleanup efforts to mitigate contamination associated with the industrial use of the site. There are remaining areas that have been characterized and require remediation. This property also supports energy generation in the form of wind and solar, providing a source of renewable energy resources. The approximately 1,100-acre property comprises the bulk of the LWRA and offers opportunities for reuse to revitalize the Lackawanna lakefront as a prosperous area for industrial, commercial and business use. The area has good highway access, water access for commercial shipping activities, as well as access to active rail lines, providing ample opportunities for expanding uses at the Port of Buffalo (Gateway Trade Center and Lackawanna Canal). Rail access will also provide benefits for future commercial and industrial uses on the site.
In an effort to reactivate the former Bethlehem Steel Plant property for redevelopment, the City of Lackawanna, Erie County and various State and Federal agencies are encouraged to continue to work together to relocate active rail lines, as necessary, and open up the site for new development; add an internal roadway network to improve access to newly designated development sites; improve on-site water and sewer infrastructure; review the zoning for the property to make sure that it adequately supports redevelopment; and complete remediation of remaining portions of the property.
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1. When an action is proposed to take place in a location within the LWRA that is regarded as suitable for redevelopment, the following guidelines will be used:
a. Priority should be given to uses that are dependent on a location adjacent to the water (per Policy 2).
b. The action should serve as a catalyst to private investment in the area.
c. The action should improve the deteriorated condition of a site and, at a minimum, must not cause further deterioration. For example, a building could not be abandoned without protecting it against vandalism and/or structural decline.
d. The action must lead to development that is compatible with the character of the area, with consideration given to scale, architectural style, density, visual quality, and intensity of use.
e. The action should have the potential to improve the existing economic base of the community and, at a minimum, must not jeopardize this base. For example, waterfront development meant to serve consumer needs would be inappropriate in an area where no increased consumer demands were expected, and existing development was already meeting demand.
f. The action should improve adjacent and upland views of the water and, at a minimum, must not affect the availability or quality of existing views (see Policy 25).
g. The action should have the potential to enable multiple uses on the site.
Policy 25 Protect, restore or enhance natural and man-made scenic resources that are not identified as being of statewide significance, but that contribute to the overall scenic quality of the coastal area Policy 25A Improve the scenic quality of the New York State Route 5 corridor, which is a part of the Great Lakes Seaway Trail and a designated National Scenic Byway
Explanation of Policy Scenic resources along the Lake Erie shorefront and the Smokes Creek corridor in the City of Lackawanna are locally important. These scenic resources include vistas of Lake Erie and, where available, views of the creek. Hamburg Turnpike and Hamburg Turnpike (NYS Route 5) constitute a segment of the New York State Great Lakes Seaway Trail and a designated National and State Scenic Byway. Efforts should be made to enhance and improve the visual character and quality of this corridor in recognition of this designation. Efforts should also be taken to protect, and where possible, improve the visual quality and visual accessibility of the Lake Erie waterfront areas in the LWRA, including enforcement of the provisions of the City’s Seaway Trail zoning overlay district. This overlay district regulates development along Hamburg Turnpike and Hamburg Turnpike (NYS Route 5) to maintain views of Lake Erie and the visual character of the corridor. These regulations mandate minimum side
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yard setbacks of 100 feet and requires the views cannot be obstructed for more than 400 feet in any one place. New development that occurs on the former Bethlehem Steel property must comply with these regulations to ensure that views of Lake Erie are readily provided along the Hamburg Turnpike/NYS Route 5 corridor and Shoreline Trail extension that is proposed for this area.
In addition, the siting and design guidelines listed below should be considered for proposed actions in the local waterfront revitalization area. More emphasis may need to be placed on the removal of existing elements, especially those that degrade, and on the addition of new elements or other changes that could enhance visual quality. Removal of vegetation at key locations to improve visual access to coastal waters is one such change that might be expected to enhance scenic quality. However, discretion should be used to ensure that this action does not adversely affect other important resources in the waterfront area.
The following siting and facility-related guidelines shall be used to achieve the intent of this policy, recognizing that each development situation is unique and that the guidelines will have to be applied accordingly.
1. Avoiding loss of existing visual access and protecting view corridors provided by streets and other public areas leading to the waterfront and using structural design and building siting techniques to preserve or retain visual access and minimize obstruction of views.
2. Siting structures and other development such as highways, power lines, and signs, back from shoreline or in other inconspicuous locations to maintain the attractive quality of the waterfront and to retain views to and from this area.
3. Clustering or orienting structures to retain views, save open space and provide visual organization to a development.
4. Providing view corridors to the waterfront in those locations where new structures would block views of the waterfront from inland public vantage points.
5. Carefully incorporating existing structures (especially historic buildings) into the overall development scheme of the waterfront.
6. Removing deteriorated and/or degrading elements from the view.
7. Maintaining or restoring original landforms, except when changes screen unattractive elements and/or add appropriate interest.
8. Maintaining or adding vegetation to provide interest, encourage the presence of wildlife, blend structures into the site, and obscure unattractive elements, except when selective clearing removes unsightly, diseased or hazardous vegetation and when selective clearing appropriately creates views of coastal waters.
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9. Using appropriate materials, in addition to vegetation, to screen unattractive features and elements.
10. Allowing the vegetative or structural screening of an industrial or commercial waterfront site if the resulting overall visual quality outweighs the loss of visual access.
11. Using appropriate scales, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape, and do not block existing visual access.
12. Providing interpretative exhibits at appropriate locations for visual access to enhance public understanding and enjoyment of views of waterfront lands and waters.
3.5.3 Impacts to Land Use, Zoning and Coastal Consistency
3.5.3.1 Land Use and Zoning
The implementation of the Master Plan as shown on Figures 2 and 4 will allow vacant land to be redeveloped with new, less intensive uses that are a step forward from prior heavy industrial activities that previously occupied the Project Site. This change will be positive in nature and will not result in significant adverse impacts to the surrounding community.
As noted above, the Project Site was originally zoned for heavy industrial use to support steel manufacturing on the property. The City revised the zoning for the former BSC property, locating the entire site within a larger planning area known as the BRA. In 2018, the City revised the BRA zoning to establish five sub-zoning districts, with specific minimum dimensional standards and supplemental design standards for future development within this BRA area.
The revised BRA zoning dictates future land use on the former BSC property, delineating specific locations for varying degrees of industrial use (light, medium and heavy), as well as areas for intermodal shipping and freight transfer activities and designated areas for environmental protection and limited public access and recreation. This revised zoning is aimed at improving and expanding future land use activities on the property, moving away from the legacy of intensive industrial use that generated adverse impacts on the surrounding community and environment.
The Project Site is located within the BRA- LI and BRA- MI zoning sub-districts. The BRA-LI applies to the land area situated along the NYS Route 5/Hamburg Turnpike corridor where the City wants to create quality employment opportunities and encourage a mix of uses (e.g., office, warehousing, retail and light industry) to improve the local tax base. Development in this sub-district is subject to higher design standards to create and present an attractive setting. The western portion of the Project Site is zoned BRA- MI. This zoning sub-district is considered a transitional area between the light and heavy industrial areas. This zoning encourages advanced manufacturing uses that would offer a higher capacity for employment that would benefit the local community.
The former BSC property has a long history of heavy industrial use and, although the facility provided
Environmental Setting, 3-34 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York employment opportunities for thousands of people in the region, this came at a high cost. After the BSC plant closed, contamination and blight that resulted from this legacy slowed redevelopment of the site for decades and contributed to economic hardship for the Lackawanna community.
The revised zoning for the property fosters development of light and medium level industrial uses and a new future for the entire former BSC property (including the Project Site) that will offer economic benefits without negative externalities. It will enable land use transition from an underutilized brownfield to an Advanced Manufacturing Park that will change the face of this area of the community for the better. Furthermore, supplemental design standards that apply to the BRA-LI and BRA-MI zoning sub-districts will ensure quality design and improved aesthetics. Implementation of the Proposed Action and the application of the new zoning regulations will result in positive socio and economic impacts for the community. Therefore, implementation of the Master Plan and build-out of the individual development sites will result in positive impacts and no further mitigation efforts are necessary related to zoning changes.
3.5.3.2 Coastal Consistency
Implementation of the Master Plan and subsequent build-out of individual development projects are subject to a determination of consistency with the policy objectives of the City’s existing and proposed LWRP Update. All development actions that result from implementation of the Master Plan must undergo site plan review, which will include the submission of a Waterfront Assessment Form as part of the development application and review process. This form must be reviewed to ensure that project proposals are consistent with all LWRP policies and, in particular, Polices 1 and 25.
The overall objective of the Proposed Action is to foster new development on the Project Site and to re- establish economic activity in the area. This is fully consistent with LWRP Policy 1, which promotes redevelopment on the former BSC property (and Project Site) through: (i) the construction of an internal roadway network to improve access, which has already been started and is proposed to continue; (ii) the relocation of railroad lines, which has been completed; (iii) the improvement of on-site water and sewer infrastructure, which is ongoing and will be completed to provide service for new site development; (iv) ensuring appropriate zoning to support redevelopment, which was completed in 2018; and (v) the continued remediation of the property (a portion of the Project Site has been determined to be ready for redevelopment).
The updated zoning for the former BSC property (and the Project Site) includes supplemental design standards that apply to development within the BRA-LI and BRA-MI zoning sub-districts. All proposed development must ensure compliance with these standards, as determined through the site plan review process (which will include LWRP consistency review as noted above). Implementation of site design standards will bring about appropriate site layouts and building designs that respect proximity to NYS Route 5 and the overall location of the property as part of the gateway to the City of Lackawanna. The City’s goal, and the objectives of Policy 25, are to mandate improved visual quality and development aesthetics to make this area a more welcoming location and progress beyond the heavy industrial legacy on the former BSC property.
Through ongoing efforts to revitalize the ILDC’s Project Site through the implementation of the Master
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Plan, future redevelopment actions will meet the standards of LWRP Policies 1 and 25. Required compliance with the supplemental design standards contained in the Lackawanna Zoning Law and compliance through the coastal consistency review will ensure adherence to these LWRP policies. Therefore, implementation of the Proposed action is not anticipated to result in potential significant adverse impacts in the Lackawanna Waterfront Revitalization Area.
3.5.4 Mitigation of Impacts
All new development on the Project Site will be consistent with City’s Zoning Law and the policies of the Lackawanna LWRP. This will be ensured through the site plan review process that will be required for redevelopment of parcels created through implementation of the ILDC’s Infrastructure Master Plan for the Advanced Manufacturing Park. This will include application of allowable land use and bulk regulations and supplemental design standards. Additionally, all development plan applications must include a completed Waterfront Assessment Form for Coastal Consistency Review, which is part of the site plan review process.
3.6 Cultural Resources
3.6.1 Existing Historic/Archaeological Resources
A review of the New York State Office of Parks, Recreation and Historic Preservation/State Historic Preservation Office’s (SHPO) online Cultural Resources Information System (CRIS) was performed to determine whether previously reported cultural resources (i.e., archaeological sites or historic properties) are located within or adjacent to the Project Site (see Appendix D). This research revealed no previously identified historic properties listed on, or eligible for, the State and/or National Registers of Historic Places (S/NRHP) within or immediately adjacent to the Project Site. A review of the National Register of Historic Places (NRHP) database and files identified a total of three listed historic properties within one mile of the Project Site. See Table 7: National Register of Historic Places Within One Mile of the Project Site. Additionally, the CRIS review for buildings with unique site numbers (USN) identified two listed and four eligible for listing properties within one mile of the Project Site. See Table 8 Buildings with Unique Site Numbers Within One Mile of the Project Site.
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Table 7: National Register of Historic Places Within One Mile of the Project Site
Distance NR Number Name Address City Status to Site
Buffalo Harbor 0.6 miles Stony Point end of Buffalo 07NR05735 South Entrance Lackawanna Listed (northwest Harbor South Breakwater Light of site) South Buffalo 0.7 miles 90NR01231 North Side Buffalo Harbor Buffalo Listed (northwest Light of site) South Park, NW along Cazenovia 0.8 miles McKinley Pkwy. to Cazenovia 90NR01246 Park-South Buffalo Listed (east of Park, NW along McKinley Park System site) Pkwy. to Heacock Park
Table 8: Buildings with Unique Site Numbers Within One Mile of the Project Site
Distance to USN Number Name Address City Status Site
Independent 0.4 miles 02940.006755 Cement Co 1751 Fuhrmann Blvd Buffalo Eligible (north of site) Elevator
Saskatchewan 0.7 miles 02940.023703 Cooperative 1489 Fuhrmann Blvd Buffalo Eligible (north of site) Elevator
South Park 0.9 miles 02940.027724 Loop Road Buffalo Listed (east of site) Bridge
Lackawanna 1.0 miles 02944.000013 560 Ridge Road Lackawanna Eligible Public Library (east of site)
1931 Multiple- 0.7 miles 02944.000031 Span Warren Ridge Road Lackawanna Eligible (east of site) Truss Bridge
Buffalo Harbor 0.6 miles 02944.000084 South Lackawanna Listed (northwest of Entrance Light site)
The research also indicated one New York State Museum (NYSM) archaeological area, a Native American trail, that overlaps with the southern and eastern portions of the Project Site. In addition, four Pre-Contact archaeological sites and two other NYSM Pre-Contact archaeological areas are located within one mile of the Project Site. The closest of these sites, which is reported by early-twentieth-century sources to have
Environmental Setting, 3-37 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York contained human remains, is located approximately 450 feet from the Project Site. The location of this site appears to have since been disturbed.
In addition to the CRIS information, a previous Phase 1A survey was conducted by Panamerican Consultants, Inc. (Panamerican) in 2017 for the City of Lackawanna BOA, which includes the entire ILDC Project Site. Panamerican concluded that due to significant disturbance, the only portion of the Area of Potential Effect (APE) that may remain sensitive for the presence of Pre-Contact archaeological sites, if relatively undisturbed, would be the area along Smokes Creek, which is not included as a part of the Project Site. Extensive fill and slag (between two and eight feet in depth) was deposited throughout the property as a result of years of iron and steel production by the former Bethlehem Steel Corporation, further disrupting on-site soil conditions. Due to significant disturbance, Panamerican did not assign any historic- period archaeological sensitivity to the area encompassed by the ILDC Project Site.
On September 13, 2018, an Environmental Design and Research Services (EDR) Project Archaeologist conducted a site visit to document the existing conditions at the proposed Project Site. Existing conditions within the Project Site are described in a Cultural Resources Screening Memorandum. This memorandum and other supporting documentation were part of the submission that was initiated with SHPO on October 25, 2018 via the CRIS online system. A response was received from SHPO on November 8, 2018 requesting that a Phase 1A cultural resources investigation be conducted. The agency correspondences are included in Appendix C. A Phase 1A survey was prepared in response to the comments received from SHPO. SHPO’s review of the completed Phase 1A survey on March 15, 2019 concluded that “It is thus the opinion of SHPO that no historic properties, including archaeological and/or historic resources, will be affected by this undertaking.”
3.6.2 Impacts to Cultural Resources
There are no previously identified historic properties listed on or determined eligible for listing on the S/NRHP within or immediately adjacent to the Project Site. The historic sites and resources identified within one mile of the Project Site will not be impacted by the Proposed Action. The entire Project Site has been extensively utilized for industrial activities throughout the twentieth century, largely steel production. Due to historic industrial use and the construction and demolition of numerous buildings and railroad lines on the Project Site, no intact soils were encountered during the September 2018 Project Site reconnaissance conducted by EDR. Based on the Phase 1A results, the Project Site soils represent significantly disturbed deposits. Furthermore, no intact, buried/covered soils or archaeological deposits are expected to have survived as a result of prior heavy industrial use on the Project Site, and as revealed in the Smokes Creek stream bank profile and an inspection of holes created by uprooted trees.
The entire 244-acre Project Site will be subject to additional ground disturbance. Therefore, it is anticipated that construction of roads and installation of utilities on the Project Site and build-out of the individual development sites will not result in any significant potential adverse impacts on historic properties or archaeologically sensitive areas.
Environmental Setting, 3-38 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
3.6.3 Mitigation of Impacts
No mitigation measures for cultural resources are required.
3.7 Visual and Aesthetic Resources
3.7.1 Existing Visual and Aesthetic Resources
This section of the DGEIS identifies and assesses the potential impacts that may arise from implementation of the Infrastructure Master Plan and build-out of future development lots with respect to change in the character or quality of visual and aesthetic resources in and surrounding the Project Site. This assessment utilizes the latest version of the NYSDEC Program Policy for Assessing and Mitigating Visual Impacts, draft October 30, 2018, as a guide to identifying aesthetic resources and assessing potential impacts on those resources.
As depicted on Figure 2 and described in Section 3.5, the Project Site, which was once a part of the former BSC property, is now characterized as abandoned, vacant land due to prior site disturbance for industrial use, with overgrowth vegetation mainly comprised of early successional plants. A photographic log for the site is included as Appendix E. This property was once fully developed with large buildings and other accessory structures that supported steel and coke manufacturing for almost a century. Although the existing vegetation adds a natural aesthetic character to certain locations on the Project Site, and most of the former industrial buildings have been demolished, overall the site lacks visual quality and offers no significant scenic value to the community. The existence of some remaining deteriorated structures, railroad lines and freight transfer facilities, and electrical generation and transmission infrastructure on the adjacent former Tecumseh-owned property also detracts from the overall scenic value of the Project Site. The Project Site is devoid of structures except for two existing electrical substations and a vacant building that was formerly a locomotive repair shop. The site does not contain any landforms or water features and offers no significant views of Lake Erie to the west. NYS Route 5 borders the Project Site to the east, with various commercial and industrial uses located along and east of NYS Route 5.
The current draft of the NYSDEC’s Program Policy, Assessing and Mitigating Visual Impacts, identifies 16 categories of aesthetic resources of statewide significance which have been recognized through either national or state designations (NYSDEC Program Policy DEP-00-2, December 13, 2019). This policy identifies 16 categories of visual resources that were inventoried within one mile of the Project Site. Of the 16 categories, six were found to exist within a one-mile radius of the Project Site, as noted below and described as follows. See Figure 8 Visual Resources.
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1) Properties of historic significance described in 6 NYCRR 617.4 (b)(9); The three nationally-listed historic properties and the two listed and four eligible for listing buildings with unique site numbers that are located within one mile of the Project Site, as identified in Section 3.6.
2) State Parks [Parks, Recreation and Historic Preservation Law Section 3.09]; Buffalo Harbor State Park and Woodlawn Beach State Park are located within one mile of the Project Site.
3) Heritage Areas (formerly Urban Cultural Parks) [Parks, Recreation and Historic Preservation Law Section 35.15]; The Project Site is located within the Western Erie Canal Heritage Corridor.
4) A site, area, lake, reservoir or highway designated or eligible for designation as scenic [ECL Article 49 Title 1] or DOT equivalent; New York State Route 5, which is located directly east of and parallel to the Project Site, is a designated National Scenic By-Way and segment of the New York Great Lakes Seaway Trail.
5) A state or federally designated trail, or one proposed for designation [16 U.S.C. Chapter 27 or equivalent]; The New York State Bike Route 517 is located along New York State Route 5, directly east and parallel to the Project Site.
6) National Heritage Areas. The Erie Canalway National Heritage Corridor, a federal-designated corridor overlays a broad area from the shoreline east across the City which includes the Project Site.
3.7.2 Impacts to Visual and Aesthetic Resources
Implementation of the Master Plan and build-out of the individual development sites will result in significant changes in the visible landscape that are different from the current conditions and surrounding land uses. Development of the property into a multi-tenant advanced manufacturing industrial business park will be consistent with other industrial land uses in the City and Erie County. The existing views of the vacant, post-industrial property will transition to views of new light and medium manufacturing facilities with associated infrastructure, parking areas, and landscaping that will improve the visual quality of this long-abandoned property. Views of the new development on the Project Site will be available from certain vantage points. Some views will be partially or fully screened by existing vegetation that will remain on the site and surrounding property. The closest residential neighborhoods to the Project Site are within Lackawanna’s First Ward, on the east side of NYS Route 5, south of Ridge Road. Residents in this neighborhood will be subject to views of a modern industrial business park setting, rather than vacant, neglected and overgrown lands. The Proposed Action will not be out of character for the general area, as land use of this nature can be found to the north in the City of Buffalo’s developing Union Ship Canal area. Setbacks and landscaping, and where possible the retention of existing trees, will be utilized to soften the appearance of the new development. Furthermore, all new development must be consistent with the City’s
Environmental Setting, 3-43 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York zoning requirements and design standards for the Bethlehem Redevelopment Area zoning districts (§230- 17.F. – Bethlehem Redevelopment Area Supplemental Regulations: Design Standards). Compliance with these design standards will ensure that future development on the Project Site will not have an adverse impact on the visual resources of Statewide significance that were identified within a one-mile radius of the site and assessed under the NYSDEC visual impact review.
Overall, future development of the Project Site, as guided by the Master Plan, will result in positive improvements to the aesthetic quality and visual character of the property that will vastly improve existing conditions and replace former heavy industrial land use activity with clean, modern building designs that will enhance views of the site. If full build-out is not realized, portions of the property would remain as publicly inaccessible vacant land, reducing the change in the visual setting. However, any extent of development on the Project Site will improve aesthetic character on the site that will benefit the surrounding community. Additionally, the development of new, aesthetically pleasing structures on the Project Site will obscure views of remaining, deteriorated industrial structures on the former Bethlehem Steel property and existing utility infrastructure (e.g., electrical transmission towers and wind turbines).
3.7.3 Mitigation of Impacts
As noted above, all new development on the Project Site must be designed in accordance with Section 230- 17.F. of the City of Lackawanna Zoning Law. This section of the Zoning Law outlines supplemental regulations that establish design standards for all development occurring in portions of the BRA immediately adjacent to New York State Route 5 and/or the Hamburg Turnpike (which are both segments of the New York Great Lakes Seaway Trail and National Scenic Byway). This area is considered part of the gateway area into the City and developing properties that would be visible from these roadways are held to a higher design standard under the law to maintain a quality image of this part of the City. The regulations are established to guide site development as it relates to building and parking orientation, general building design, landscaping, site lighting, signage and outdoor storage for all development that occurs in this portion of the BRA, with particular attention given to the character of site design for development that directly fronts along NYS Route 5 and Hamburg Turnpike. The Zoning Law also establishes an overlay district for the Smokes Creek corridor to protect the integrity of this natural resource. Although the creek corridor is not a part of the Project Site, future development on proposed Lots 1, 2 and 3 (see Figure 2) will respect the locations of the creek, comply with the overlay district regulations and ensure recognition and protection of the visual character of this area.
New development that meets the zoning requirements will be located on parcels with a minimum lot size of five acres. Buildings cannot exceed 36 feet (or three stories) in height in the Light Industry District and 60 feet in the Medium Industry District. Maximum lot coverage ranges from 75% for Light Industry uses to 80% for Medium Industry development, hence, minimum landscaping coverage cannot be less than 25% and 20%, respectively. These standards provide minimum controls that will ensure that the characteristics of new building and site design will improve the visual quality of the area and meet the intent of the zoning regulations.
All future development on the Project Site will be subject to site plan review by the City’s Planning Board for each individual parcel, with consideration given to the supplemental Design Standards in §230-17.F of
Environmental Setting, 3-44 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York the Zoning Law. The City has borne the visual reality of the industrial heritage of the former BSC property; years of heavy industrial use and views of large, unattractive and dirty structures associated with the impacts of this use, as well as the years of neglect and unsightliness that followed the closure of this facility. The City’s Planning Board, in its desire to improve the former Bethlehem Steel property as a welcoming gateway to the City, will ensure compliance with the site design regulations that were put in place to improve site aesthetics and foster attractive development for the community.
Given the programmatic mitigation measures the City has in place, it is not anticipated that build-out of the individual development lots will result in any significant adverse impacts to visual resources and no further mitigation measures are necessary.
3.8 Transportation
3.8.1 Existing Transportation Network
Within the vicinity of the Project Site are various rail, navigable waterways, pedestrian/bicycle accommodations, and vehicular networks. Each of the transportation networks discussed below are found on the Master Plan depicted on Figure 2.
3.8.1.1 Rail
The City of Lackawanna and surrounding areas are currently serviced by seven railroads. The South Buffalo Railroad (SBRR) is a Class III railroad or short line, which is utilized as a switching or terminal railroad, and owned by Brookfield Infrastructure (formerly Genesee & Wyoming, Inc). The SBRR now traverses the western edge of the Project Site, to service the Port of Buffalo. The tracks previously located on the east side of the Project Site, adjacent to NYS Route 5, were removed in 2018. The relocation of this portion of railway allows better access to the Project Site for vehicles and pedestrians.
3.8.1.2 Navigable Waterways
There are no navigable waterways, as designated by USACE, within the Project Site.
Smokes Creek runs through a corridor owned by Tecumseh separating the north and south portions of the ILDC-controlled Project properties. According to the USACE list of navigable waterways in the Buffalo District, Smokes Creek is not considered a navigable waterway.
In the vicinity of the Project Site is the Gateway Metroport, also known as the Port of Buffalo, which includes both the Lackawanna Canal (located directly west of the Project Site) and the Union Ship Canal (located directly north of the Project Site). The Gateway Metroport has direct unrestricted access to Lake Erie and handles both domestic and international freight. Although the Gateway Metroport is a smaller port, it still is a major bulk cargo storage and transfer facility for both imported and exported goods.
Environmental Setting, 3-45 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
3.8.1.3 Pedestrian/Bicycle Accommodations
There are existing sidewalks on all adjacent roads, as well as the east side of NYS Route 5. There is an existing multi-use trail for pedestrians and bicyclists within the Project Site. The trail is approximately 5,600 feet long and 10 feet wide and extends north from proposed Lot 10 to Dona Street. The pathway joins the existing Shoreline Trail to the north and provides bicyclists and pedestrians a safe off-road route along the eastern edge between the Project Site and the nearby Tifft Nature Preserve, Outer Harbor, and Erie Canal Harbor. The trail is owned and maintained by Erie County.
3.8.1.4 Public Transit
There are a number of NFTA Metro Bus routes that operate along NYS Route 5 in the area of the Project Site: Route #42 – Lackawanna (17 trips to Downtown Buffalo and 16 trips to Southgate Plaza) Route #74 – Hamburg (4 trips to Downtown Buffalo and 4 trips to Athol Springs Park & Ride) Route #76 – Lotus Bay (5 trips to Downtown Buffalo and 3 trips to Seneca Bingo) Route #106 – South-Suburban (1 AM trip to Southbound and 1 PM trip to Northbound) (this only operates on school days as this is primarily a school run)
Existing bus stops are located on NYS Route 5 at Madison (northbound and southbound), NYS Route 5 at Dona (northbound and southbound), and NYS Route 5 at Odell (northbound). All five stops are in close proximity to the Project Site.
3.8.1.5 Vehicular Networks and Traffic
A Traffic Impact Study (TIS) for the Project was completed by Watts Architecture & Engineering in 2019 to evaluate the existing local vehicular transportation system and to assess potential impacts the Project could cause on local traffic. The TIS is attached as Appendix F.
Access to the eastern extent of the Project Site is provided by four City-owned roads: Ridge Road, Odell Street, Dona Street, and Madison Avenue (from north to south), which all intersect NYS Route 5. The intersections with NYS Route 5 at Madison Avenue, Dona Street, and Odell Street are all signalized. Ridge Road ends at the current main entrance to the Project Site as well as other businesses and lands owned by Tecumseh to the west; the intersection is controlled with stop signs. Further details on the existing geometry and traffic control at these roadways is detailed within the TIS.
NYS Route 5 is a major urban arterial owned and maintained by the State of New York. NYS Route 5, aka the Hamburg Turnpike, is the primary connection between the City of Buffalo and the Town of Hamburg. The northern, southern, and western extents of the Project Site are not currently accessed by public roadways. Within the Project Site, three new intersecting roads are proposed to be installed for ease of travel between the proposed development lots. These roads are currently designated as Roads A, B, C, D and Dona Street (existing). The proposed road network is depicted on the Master Plan, Figures 2 and 4.
Environmental Setting, 3-46 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
In order to quantify potential impacts to the transportation network in the vicinity of the Project, the quality of traffic flow was assessed in term of levels of service (LOS), following the methodologies of the Highway Capacity Manual created by the Transportation Research Board. LOS is split into six categories, ranging from LOS A (very low levels of delays) to LOS F (high levels of delays associated with congestion). Traffic counts (collected in May 2017 and August 2018) and Synchro, a traffic analysis software by Trafficware, were utilized to calculate existing LOS, which are displayed in Table 9. Traffic counts were collected during and analyzed for both morning (AM) and afternoon (PM) weekday peak hour traffic conditions.
Table 9: Existing – AM & PM Peak Hour LOS Analysis
Approach Intersection Intersection EB WB NB SB LOS Madison Avenue/NY Route 5 – AM Peak C A A A Madison Avenue/NY Route 5 – PM Peak - D A E E Dona Street/NY Route 5 – AM Peak - C A A A Dona Street/NY Route 5 – PM Peak - C A E E Odell Street/NY Route 5 – AM Peak - C B A A Odell Street/NY Route 5 – PM Peak - C A E E Ridge Road/Fuhrmann Drive – AM Peak A A - A A Ridge Road/Fuhrmann Drive – PM Peak A B - A B Ridge Road/SB NY Rte 5 Ramp – AM Peak A A - A A Ridge Road/SB NY Rte 5 Ramp – PM Peak A A - D D Ridge Road/NY Rte 5 Ramps – AM Peak A A A - A Ridge Road/NY Rte 5 Ramps – PM Peak A A B - B
Traffic analysis results are theoretical and based on mathematical equations and computer representations of those answers. Field observations may not substantiate these values.
The TIS results indicate that during existing peak AM hours, there are no significant delays for the intersections displayed in Table 9, as the LOS was A. During peak PM hours, three of the six intersections have a LOS D or E. The difference in LOS between the AM and PM peak hours can be attributable to the fact that NYS Route 5 has three through lanes in the northbound direction, but only two in the southbound direction, despite the fact that PM southbound peak hour volumes are roughly equivalent to the northbound AM peak hour volumes.
Environmental Setting, 3-47 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
3.8.2 Impacts to Transportation Network
3.8.2.1 Rail Impacts
Proposed lots 1, 3, 4, 4A, 7, 8, and 10 will have access to the SBRR. All planned relocations of active rail tracks have been completed. Implementation of the Master Plan and build-out of the individual development sites are not anticipated to impact the existing railway facilities with the exception of Lot 1. It is anticipated that the future development of Lot 1, approximately 42 acres located south of Madison Street, will require the remaining track in the existing rail yard to be removed for development of that site.
3.8.2.2 Impacts to Navigable Waterways
There are no navigable waterways on the Project Site and implementation of the Master Plan is not anticipated to impact surrounding navigable waterways. Therefore, no mitigation actions will be necessary regarding navigable waterways.
3.8.2.3 Impacts to Pedestrian/Bicycle Accommodations
The Master Plan for the ILDC Advanced Manufacturing Park includes a future extension of the Bethlehem Shoreline Trail to the south, which will have a positive impact for pedestrians and bicyclists, allowing them a safe and easy way to access the Project Site and surrounding areas. It is anticipated that in 2020 design will begin on an approximately 4,000-foot extension of the multi-use trail from Dona Street to the Town of Hamburg. The Master Plan also proposes that trail head parking be constructed on the Project Site near the extension of Madison Avenue. A 50-foot wide corridor contemplated for future extension of the Bethlehem Shoreline Trail to the south is depicted on the Master Plan. The impact to pedestrian and bicycle accommodations is positive and therefore no mitigation actions will be necessary with regards to pedestrian/bicycle accommodations.
3.8.2.4 Vehicular Networks and Traffic
The aforementioned street intersections were analyzed for the full development of the Project Site. Since full development will take many years, 2039 was utilized as the year for full Project build-out. Additionally, an average annual traffic growth rate of 1.0% was used to calculate future growth. Future traffic impact analyses also included a southbound right turn lane on NYS Route 5 at Dona Street (which is currently under construction), an exclusive northbound left turn only lane at the three intersections along NYS Route 5 (re-striping of existing lane), and the addition of a new third southbound lane on NYS Route 5. The addition of a new southbound lane to NYS Route 5 was added within this analysis due to the anticipated increase in traffic growth along NYS Route 5 and not due to Project redevelopment. Adjusting traffic signal timing resulted in no improvement to the LOS. Table 10: Future - AM & PM Peak Hour LOS Analysis, displays the calculated full development LOSs within the vicinity of the Project. Note that impacts of adding a third southbound lane to NYS Route 5 are only reflected in the PM peak hour calculations.
Environmental Setting, 3-48 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
Table 10: Future – AM & PM Peak Hour LOS Analysis
Approach Intersection Intersection EB WB NB SB LOS Madison Avenue/NY Route 5 – AM Peak C E D A D Madison Avenue/NY Route 5 – PM Peak C C B F F Dona Street/NY Route 5 – AM Peak B C E A D Dona Street/NY Route 5 – PM Peak E F B E D Odell Street/NY Route 5 – AM Peak C E B A B Odell Street/NY Route 5 – PM Peak F C A E D Ridge Road/Fuhrmann Drive – AM Peak A B - A B Ridge Road/Fuhrmann Drive – PM Peak A B - A B Ridge Road/SB NY Rte 5 Ramp – AM Peak B B - B B Ridge Road/SB NY Rte 5 Ramp – PM Peak B B - F F Ridge Road/NY Rte 5 Ramps – AM Peak A A B - B Ridge Road/NY Rte 5 Ramps – PM Peak A A B - C Traffic analysis results are theoretical and based on mathematical equations and computer representations of those answers. Field observations may not substantiate these values.
The AM LOS under the full development of the corridor is predicted to operate at an overall LOS of D. The PM LOS under the same development, including the addition of a third southbound lane on NYS Route 5, is predicted to operate at an overall LOS F.
3.8.3 Mitigation of Impacts
As identified above, LOS values within the vicinity of the Project, after full redevelopment, are anticipated to be high. Even with the addition of the third southbound lane on NYS Route 5, the future traffic growth and full redevelopment of the Project Site is projected to cause a LOS F during the PM peak hour at Madison Avenue and at the Ridge Road / SB NY Rte. 5 Ramp. All other intersections rate at a LOS of D or higher. However, the LOS changes are due to the forecasted increased traffic on NYS Route 5 and not necessarily the increases associated with the Project redevelopment.
The following options are likely to improve the levels of service at these two intersections and may be required as necessary during review of future build-out of the individual development lots as determined by the NYSDOT:
The addition of designated left turn and right turn lanes at the Ridge Road / SB NY Rte 5 Ramp intersection; and The addition of a 200-foot southbound right turn (deceleration) lane at Madison Avenue.
Environmental Setting, 3-49 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
All new roads within the Project will have sidewalks in accordance with City of Lackawanna standards.
As build-out of the individual sites within the Project creates a higher demand for public transit, the NFTA could potentially alter one or more of its existing bus routes to better serve transit patrons. The proposed roads within the Project are sized to accommodate transit bus traffic. Bus stop pads and shelters can be provided as demand is identified.
3.9 Public Services and Utilities
This section identifies public services and utilities that are provided to the Project Site. The Project sponsors have confirmed the availability of the following public services at the Project Site: power, public water supply, sanitary sewer, storm sewer system, medical and emergency services, police services, and fire protection. Additional details on utility connections proposed for the Project are detailed in the Engineers Report found in Appendix A.
3.9.1 Natural Gas
National Fuel currently has a high pressure 16-inch diameter natural gas supply pipe running north-south on the east side of NYS Route 5 at Madison Avenue and on the west side of NYS Route 5 at Odell Street and the Hamburg Turnpike at the Project Site. In addition, at Odell Street National Fuel has a 16-inch diameter natural gas pipe that connects to the north-south pipe and runs west from NYS Route 5 across the Project Site to serve the adjacent properties west of the site.
Once on site, new underground natural gas service pipes will be constructed in clean corridors within the right-of-way of the proposed City streets to serve each individual lot as they develop.
Due to the final alignment of the new street at Odell Street, the existing 16-inch gas pipe may need to be relocated to be within the public right-of-way or, if not practical, an easement will be necessary for the existing gas main. The Engineers Report indicates that National Fuel has sufficient natural gas available in the area to serve the proposed development. Therefore, no mitigation actions will be necessary to account for the increased natural gas demand.
3.9.2 Electricity
Lot 3A currently contains a National Grid substation with 115 kV power. A second substation is located with Lots 4 and 4A to serve the existing wind farm and businesses located west of the Project Site. National Grid has a significant existing power infrastructure in the neighborhood of the proposed development.
As the site is developed, National Grid is planning to bring new overhead power lines to the site terminating at the west side of NYS Route 5 at either Smokes Creek or at Odell Street (see Appendix D of the Engineers Report found in Appendix A of this DGEIS). Once on-site, new underground power service conduits will be constructed in clean corridors within the right-of-way of the new City of Lackawanna streets to serve each individual lot as they develop.
Environmental Setting, 3-50 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
National Grid has indicated that with their improvements there will be sufficient power in the area to serve the proposed development. Therefore, no mitigation actions will be necessary to account for the increased electricity demand.
3.9.3 Public Water Supply
Water is supplied to the Project Site via a 16-inch diameter Erie County Water Authority (ECWA) water main located on the east side of Lake Shore Road (NYS Route 5). The following hydrant flow data was provided by the ECWA and is presented in Table 11.
Table 11: Hydrant Flow Data
Water Main Size Static Pressure Flow @ 20 psi
(in) (psi) (gpm) First Hydrant North of Commerce Drive 16 106 3,659 (north end of site) First Hydrant South of Dona Street 16 104 5,445 (south end of site)
The anticipated water demand for the development of the Project is presented in Table 12.
Table 12: Anticipated Water Demand
Average Daily Domestic Demand (gpm) 507 Peak Domestic Demand (gpm) 2,028 Fire Flow (gpm) 1,500 Total Peak Domestic + Fire Flow Demand (gpm) 3,528
The proposed water system for Lot 1 will consist of 580 linear feet of 8-inch PVC water main and hydrant assemblies spaced at 400-foot intervals located within the right-of-way of a new City street. In-line valves will be provided at 500-foot intervals. The new water main will connect into an existing 16-inch ECWA water main located on the east side of NYS Route 5 at the intersection with Madison Avenue.
Lots 2 and 3 will be served by the existing ECWA 16-inch diameter water main located within the right- of-way of the Dona Street Extension. Lot 3A will not require any connection to water supply because it will continue operating as a National Grid substation.
The proposed water system for Lots 4/4A, 5, 6, and 7 will consist of 1,290 linear feet of 16-inch PVC water main and hydrant assemblies spaced at 300-foot intervals located within the right-of-way of a new City street connecting to NYS Route 5 at Odell Street and the “Times Square” intersection with the adjacent
Environmental Setting, 3-51 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York property to the west of the site. The new water main will connect into an existing 16-inch ECWA water main located on the east side of NYS Route 5 at the intersection with Odell Street and will serve potential future development to the west of the site. In addition, 2,085 linear feet of 16-inch PVC water main and hydrant assemblies spaced at 300-foot intervals will be located within the right-of-way of a new City street connecting the new east-west street at Odell Street and the new Dona Street extension. This water main will create a looped water pipe between the new Dona Street extension and new street at Odell Street. In- line valves will be provided at 500-foot intervals.
The proposed water system for Lots 8, 9, and 10 will consist of 530 linear feet of 12-inch PVC water main and hydrant assemblies spaced at 300-foot intervals located within the right-of-way of a new City street. In-line valves will be provided at 500-foot intervals. The new water main will connect into an existing 12- inch ECWA water main located on the west side of NYS Route 5 at the intersection with Ridge Road.
Construction and disinfection of all new water mains shall be in accordance with the requirements of the ECWA and AWWA C-651, latest revision requirements.
Table 13 summarizes the water system design parameters for the proposed facilities.
Table 13: Water System Design Parameters
Static Pressure Peak Peak Static Residual Pressure Drop Across Operating Design Operating Pressure Pressure at Before Lot RPZ and Demand + Parameters Demand After RPZ Hydrant RPZ Water Meter Fire Flow (gpm) (psi) (psi) (psi) (psi) (gpm)
Lot 1 500 83 20 63 2,000 70 Lots 2 & 104 90 20 70 1,604 83 3/3A Lots 4/4A, 5, 768 87 20 67 2,268 78 6, & 7 Lots 8, 9, & 656 86 20 66 2,156 69 10
Based on these design parameters, the existing water system will be adequate to meet both domestic and fire-fighting demands from the proposed development. Therefore, no mitigation measures will be required to accommodate the increased water demand.
3.9.4 Sanitary Sewer
The Project Site is serviced by the Erie County Sewer District No. 6. Wastewater for the Project Site will be treated at the Lackawanna Water Resource Recovery Facility (260 Lehigh Avenue) and discharged into Smokes Creek.
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The total estimated average daily flow from the site development is 0.65 million gallons per day (MGD). The existing available sewer capacity is 1.0 MGD at the Lackawanna Water Resource Recovery Facility and 2 MGD in the collection system along Odell Street. Therefore, the sewage flow for the proposed development will not exceed the existing sewer capacity and no mitigation measures will be required to accommodate the increased demand for treatment. Table 14 presents estimated sewage flows for the total development.
Table 14: Estimated Sewage Flows
Average Daily Flow Peak Flow Lot Number Tributary Street Sewer (gpm) (gpm)
1 Madison Avenue 125 500 2 Dona Street 16 64 3 Dona Street 10 40 3A N/A N/A N/A 4/4A Odell Street 71 284 5 Odell Street 14 56 6 Odell Street 17 68 7 Odell Street 230 920 8 Ridge Road 5 20 9 Ridge Road 11 44 10 Ridge Road 8 32 Total 507 2028
3.9.5 Storm Sewer System
The site of the redevelopment area is located just east of Lake Erie and is bordered by Smokes Creek to the south and the Union Ship Canal to the north. Due to the proximity to the local watershed’s discharge point of Lake Erie, on-site storm water detention will not be desired or anticipated to be required. Storm water runoff treatment requirements as prescribed in the New York State Stormwater Management Design Manual (latest edition) will be required and provided for the site development.
As development of each individual lot is proposed, a storm water management plan for that particular development will be prepared and will require approval from the City of Lackawanna prior to construction.
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The proposed City streets will manage storm water through a series of curb side catch basins and 12-inch diameter minimum storm sewers located beneath the pavement. The new street located opposite Madison Avenue will drain north through a new storm sewer located within the NYS Route 5 right-of-way and discharge into Smokes Creek. A subsurface storm water treatment structure will be installed on the outlet sewer prior to discharge into the Creek. The new streets located opposite of Odell Street will discharge into an existing County 15-inch diameter storm sewer located on the east side of NYS Route 5 north of Odell Street. The existing storm sewer runs north along NYS Route 5 then runs easterly down Wilson and eventually discharges into Smokes Creek. The new street located opposite Ridge Road will discharge into an existing County 24-inch diameter storm sewer located in the pavement of the Hamburg Turnpike north of intersection with Ridge Road. The existing storm sewer runs north along the Hamburg Turnpike and discharges into the Union Ship Canal.
Due to the high percolation rates reported for the site and limited access to adjacent water bodies, it is anticipated localized on-lot treatment and disposal facilities will be provided. Green infrastructure measures, including pervious pavements, green roofs, rain gardens, subsurface disposal trenches, and infiltration/evaporation basins are potential storm water treatment options and will be encouraged. If on- site disposal methods are not available, storm water discharges can be piped through new storm sewers along the NYS Route 5 right-of-way to either Smokes Creek or the Union Ship Canal. In addition, an easement could be granted by the adjacent property owner(s) to the west to access the existing South Return Water Trench, North Return Water Trench, or the Gateway Metroport Ship Canal.
3.9.6 Solid Waste Disposal
No commercial solid waste is currently being generated at the Project Site due to the fact the land is currently unoccupied. Waste collection for the City of Lackawanna is conducted by Modern Corporation. As individual developments are build-out, they will be responsible for contracting for solid waste hauling. No solid waste will be disposed on-site.
According to the City Code Chapter 190, during construction and demolition activities all brush and tree parts or grass clippings and sod removed by commercial contractors must be removed from the premises by the contractor if it is not mulched for use or disposal on site. All construction and demolition debris produced by a commercial contractor, builder, owner, or occupant must be removed from the premises and not enter the solid waste stream. Debris, etc. may not be placed within a public right-of-way, except temporarily if necessary, in the course of the work which produced the debris, etc.
The City will provide and assign to each business or commercial establishment one tote, but no more than two totes, per building/structure, except as provided in Chapter 190 of the City Code. A business may purchase additional totes from the City provided, however, that no business or commercial establishment shall have more than two totes, except as provided in Subsection C of Chapter 190 of the City Code. The City shall provide for the collection and disposal of solid waste for a business or commercial establishment up to a maximum of two totes.
Any business that exceeds 300 pounds of solid waste (i.e., two totes) per week shall be required to obtain and maintain a dumpster on the premises and/or retain a private garbage collection service. In the event
Environmental Setting, 3-54 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York that a dumpster cannot be placed on the premises of the business, the owner, occupant, or manager of the premises shall make an application to the Commissioner of Public Works for permission to purchase additional totes that the City would collect and dispose of for a fee to be determined by the Commissioner of Public Works, up to a maximum of four totes. The City will not collect or pick up any dumpster or dumpsters, regardless of its size or location anywhere in the City. No significant adverse impacts are anticipated to result from the build-out of the Project and no mitigation measures are necessary.
3.9.7 Medical and Emergency
The closest hospital to the Project Site is Mercy Hospital, located at 566 Abbott Road in Buffalo. Additional hospitals in the area include Erie County Medical Center, Sisters of Charity Hospital, and Buffalo General. Rural-Metro Ambulance Company services the City of Lackawanna. Site development at the Project Site will create some additional demand for medical and emergency services, although demands are anticipated to be minimal.
3.9.8 Police Services
Primary police services are provided to the Project Site by the City of Lackawanna Police Department, located at 714 Ridge Road. Site development at the Project Site will create some additional demand for police services, although demands are anticipated to be minimal.
3.9.9 Fire Protection
Fire protection to the Project Site is provided by the Lackawanna Fire Department. The Lackawanna Fire Department has three locations: 1630 Abbott Road, 2990 South Park Avenue, and 55 Ridge Road. Site development at the Project Site will create some additional demand for fire protection, although demands are anticipated to be minimal. It will be the responsibility of the individual facility operation to coordinate with local emergency services agencies any special needs they would anticipate.
3.10 Socioeconomic Conditions
3.10.1 Existing Socioeconomic Conditions
3.10.1.1 Existing Population
The ILDC’s 244-acre Project Site does not contain any residential properties and, therefore, has a population of zero. None of the area west of Route 5 in the City of Lackawanna is populated. Project build- out does not include any residential development and, therefore, there will be no increase in residential population in the Project Site. However, the creation of jobs from implementation of the Proposed Action is expected to result in potential population increases in the First Ward and possibly other parts of the City and surrounding area.
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The population of the City of Lackawanna was estimated at 17,768 in 2018. The City has had a reduction in total population between 2010 and 2018 according to United States Census data. The First Ward BOA, in particular, has lost approximately 8% of its population, declining from 4,128 residents in 2000 to 3,783 residents in 2010. The population statistics for the City of Lackawanna and Erie County, as reported in the 2010 Census, the 2017 American Community Survey and the 2018 Population Estimates Program, are shown in Table 15: Population Trends.
Table 15: Population Trends
Population Population Population
2010 2017 2018 City of Lackawanna 18,141 18,012 17,768 Erie County 919,040 923,995 919,719
Although the population of the City of Lackawanna has been decreasing, the rate of decline has also decreased. In light of this trend, the projected population for the City for the years 2025 and 2030, as determined by the Greater Buffalo Niagara Regional Transportation Planning Council, is expected to increase. As shown in Table 16: Projected Population Trends, the population is anticipated to increase by 4.7% from 2010 to 2025 and 7.7% between 2010 and 2030.
Table 16: Projected Population Trends
Population Population Population
2010 Projection 2025 Projection 2030 City of Lackawanna 18,141 19,000 19,538
The First Ward’s population is comprised of a diverse racial and cultural background, with a significant number of African American, Hispanic, and predominantly Yemeni immigrant communities being represented in the data. The population of the First Ward has experienced economic and educational disadvantages and suffers from poverty and unemployment at a higher rate than other parts of the City and neighboring communities.
3.10.1.2 Existing Employment
Since the closure of the former Bethlehem Steel Plant and other manufacturing facilities in the area, there are fewer employment opportunities for First Ward residents. Redevelopment of the Project Site will improve the economic livelihood of the community. The service sector has shown modest growth regionally, with new employment in professional services, education, and health care. Manufacturing, while shrinking overall, is a mainstay of the region’s employment base, pays relatively high wages, and has been expanding in the area north of the First Ward and City of Lackawanna, including in the City of Buffalo and other areas further to the north. This area, rebranded as the “Buffalo Green Belt,” has been able to successfully attract a number of logistics and sustainable industries.
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According to the 2017 American Community Survey (ACS) 5-Year Estimates, the City of Lackawanna has an unemployment rate of 5.0%. Additionally, it is estimated that 41.1% of the population does not participate in the Civilian Labor Force. The majority of workers in Lackawanna (81.1%) are employed by private companies, and 16.1% of workers are employed by government agencies. The other 2.8% of workers are self-employed. The leading five industries in Lackawanna, by employment sector are shown in Table 17: Leading Industries in Lackawanna.
Table 17: Leading Industries in Lackawanna
Industry Percent of Workers Educational, Health, and Social Services 19% Manufacturing 16% Retail Trade 16% Arts, Entertainment, Recreation, and Food Services 9% Finance and Insurance, Real Estate and Rental/Leasing 8%
According to the ACS, Erie County has an unemployment rate of 3.4%, with an estimated 37.2% of the population not participating in the Civilian Labor Force. The majority of workers (79.9%) in Erie County are employed by private companies, and 15.9% of workers are employed by a government agency. The other 4.2% of workers are either self-employed or are unpaid family workers.
3.10.1.3 Existing Income
The median household income in the City is $35,482 according to the 2017 ACS estimates. Additionally, 10.2% of households in the City receive Supplemental Security Income (SSI), and 28.2% have received food stamps through the Supplemental Nutritional Assistance Program (SNAP) benefits in the past 12 months. Within the City of Lackawanna, 21.8% of families live below the poverty line. The average salary for jobs within Lackawanna is estimated to be $29,354.
According to the 2017 ACS data, the median household income in Erie County is $54,006. Within Erie County, 6.0% of households receive SSI, and 16.2% have received SNAP benefits in the past 12 months. Additionally, 10.4% of families in Erie County live below the poverty line, compared to over 20% in Lackawanna.
3.10.1.4 Existing Real Estate Market
Land uses in the First Ward vary, with residential and industrial uses as the most dominant, and office as the least dominant land use. Vacant land is also prevalent.
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Residential
Sales prices and rents in the First Ward are significantly below the average for the Buffalo-Niagara Region. The neighborhood’s housing stock is weighted heavily toward older, multi-family rental units, with significantly lower homeownership. Housing vacancy rates are also lower in the First Ward than in the Buffalo-Niagara Region.
Industrial/Flex
Lackawanna’s First Ward has a long history of industrial use, but the major industrial employers have left the area. There is currently a demand for industrial uses in and around the First Ward neighborhood, as evidenced by the success of the nearby Buffalo Lakeside Commerce Park and Lackawanna’s Steelawanna Industrial Park developments.
Retail
The First Ward currently has a small amount of retail space and could support significantly more based solely from demand generated by neighborhood residents. Highway retail is concentrated on NYS Route 5/Hamburg Turnpike, which has attracted new businesses, while neighborhood retail is concentrated on Ridge Road.
Hotel
The First Ward contains one moderately priced hotel on Hamburg Turnpike. This establishment has been successful in attracting tourists and sports fans due to its proximity to downtown Buffalo.
Office
According to the First Ward BOA Nomination Study, the First Ward has very little office space and is considered by local real estate professionals as unlikely to attract such use in the future.
3.10.2 Impacts to Socioeconomic Conditions
3.10.2.1 Impact on Population
As discussed above, the rate of decline in population in the City has been decreasing; the population is expected to increase by 2025. The ethnic diversity of the population is also expected to continue. Demographic data suggests that the population of Lackawanna and the greater Buffalo area can support a mix of industries with a workforce that is diverse in experience and education levels. Implementation of the Master Plan and future build-out of the individual development sites will not create population within the Project Site. However, the Proposed ILDC Advanced Manufacturing Park project is expected to provide a stabilizing effect on population in the City as employment opportunities increase and will likely be a catalyst for population growth in the First Ward.
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3.10.2.2 Impact on Employment
Implementation of the Master Plan and build-out of the individual development sites is anticipated to provide local and regional employment opportunities and have a positive economic impact on surrounding municipalities. The Project Site is zoned for light and medium industrial activity and is expected to be developed with a mix of uses such as offices, research and development facilities, wholesale establishments, warehousing/distribution facilities and other light manufacturing uses. This new development is expected to offer a wide range of job opportunities that will benefit the community, particularly the First Ward. According to the ILDC – Industrial Park Infrastructure Master Plan Real Estate Analysis Draft Report (see Appendix G), maximum build-out of the individual development lots may add approximately 1,700 temporary jobs and 5,500 permanent jobs. Therefore, maximum build-out of the Project is not anticipated to result in significant adverse impacts and no mitigation measures are necessary.
3.10.2.3 Impact on Income
The jobs created by development of the Project Site as an advanced manufacturing park will vary greatly in terms of required skill, experience, and education levels. As a result, the wages and salaries for individual jobs will vary greatly. However, it is anticipated that there will be a net increase in income for workers in the City and the greater Buffalo area. The availability of a mix of temporary and permanent jobs will help to improve income levels and overall economic conditions in the First Ward, and potentially improve poverty rates in the area.
3.10.2.4 Impacts to Real Estate Market
Development of the Project Site will increase the amount of real estate in the City dedicated to industrial, retail, and office uses, and will decrease the amount of vacant land in the City. This reduction in vacant land will improve real estate market conditions in the area overall.
According to the BOA, in the larger First Ward area, construction of new retail (outside the Project Site) is feasible for larger-scope projects, which have a lower cost of construction per square foot. The creation of smaller-scale neighborhood retail would require a modest capital subsidy of approximately 20% to enable development. New industrial development was found to be more feasible for flex space, which commands significantly higher rents, compared to warehouse space.
3.10.3 Mitigation of Impacts
Socioeconomic impacts from implementation of the Master Plan and development of the individual parcels on the Project Site are expected to be positive for the City of Lackawanna and Erie County. Therefore, no mitigation is deemed necessary.
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3.11 Noise
3.11.1 Existing Noise
The Project Site is currently vacant except for one former BSC building. The surrounding land uses near the site include vacant lands and industrial operations within the former BSC property. To the east is Route 5 beyond which are miscellaneous industrial operations and storage, and the “First Ward” residential neighborhood opposite NYS Route 5. Existing noise levels include environmental sounds, such as airplanes, noise from adjoining businesses and traffic on nearby roadways. Businesses within the vicinity include NDS Lumber Transfer Facility, a solar farm, and the Welded Tube pipe manufacturing facility. There is also construction noise from various remediation activities on the remaining off-site Tecumseh- owned properties.
The City of Lackawanna has an adopted noise ordinance to control unreasonably loud, disturbing and unnecessary noise in the City (Chapter 159 Noise). Per Section 159-5, construction activities will be conducted between the hours of 8:00 a.m. and 8:00 p.m.
“The conduct of any construction activities, including but not limited to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private roadways, roads, premises, parks, utility lines or other property, including related activities such as land clearing, grading, earthmoving, excavating, blasting, filling or landscaping, so as to project a noise therefrom which is audible on a property being used for residential purposes, between the hours of 9:00 p.m. and 8:00 a.m. of the following day.”
Because the anticipated uses in the proposed Project are permitted uses in the existing City Zoning and will adhere to Chapter 159 Noise, a detailed noise study is not recommended per the NYSDEC Program Policy DEP-00-1 Assessing and Mitigating Noise Impacts, revised February 2001 (NYSDEC Noise Policy). The State guidance presumes that noise was considered when the zoning was established and that: “Any residual noise that is present following BMP implementation should be considered an inherent component of the activity that has been found acceptable in consideration of the zoning designation of the Site.”
The NYSDEC Noise Policy is intended to provide direction to the NYSDEC for the evaluation of sound levels and characteristics (such as pitch and duration) generated from a proposed facility during a permit approval process. This guidance also serves to identify when noise levels may cause a significant environmental impact and gives methods for noise impact assessment, avoidance, and reduction measures. These methods can serve as a reference to applicants preparing documentation in support of an application for a permit. Additionally, this guidance explains the Department’s regulatory authority for undertaking noise evaluations and for imposing conditions for noise mitigation measures in the agency’s approval of permits for various types of facilities pursuant to regulatory program regulations and through the SEQR process.
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3.11.2 Noise Impacts
The Project is not anticipated to have a substantial adverse change on existing noise levels at or near the Project Site. Construction activities will result in temporary noise impacts, primarily due to the operation of construction-related equipment including trucks entering and exiting the site and heavy equipment. However, construction is anticipated to be limited to “normal business” hours to mitigate the potential effects to noise sensitive receptors.
The Project Site is relatively isolated from residential noise receptors. The closest residential area to the Project is opposite NYS Route 5 to the east, in Lackawanna’s “First Ward” neighborhood. It is anticipated that the mix of manufacturing and industrial uses targeted for the Project will be limited to indoor operations, except for shipping and delivery activities. The location of a 50-foot easement for the Bethlehem Shoreline Trail multi-use path along NYS Route 5 as well as minimum 50-foot front setbacks ensures buildings will be at least 100 feet from the ROW of NYS Route 5, increasing the distance to the residential neighborhood. In addition, the supplemental zoning design standards require that buildings be oriented towards the internal road network which will minimize the amount of parking along NYS Route 5. The supplemental zoning design standards limit loading dock access to the internal road network and require they be screened; further reducing potential noise impacts to the residential neighborhood. Another standard to reduce noise impacts requires equipment that emits noise to be appropriately screened to prevent sound from traveling beyond the property line. Possible mitigation measures may include attenuation by distances to sensitive noise receptors, adherence to City Zoning (Chapter 230) and Noise (Chapter 159) regulations. Assuming future site development will adhere to the zoning supplemental design standards and City noise regulations, it is not anticipated that Project build-out will result in significant adverse impacts.
3.11.2.1 Short-Term Noise Impacts
Development of the lot/property will result in temporary and short term increases in noise levels associated with construction equipment such as backhoes, compactors, bulldozers, trucks and traffic. Noise produced by heavy equipment will vary throughout the day and during the entire construction period. During a typical work shift, construction equipment may be idling while preparing to perform a task or operating at maximum capacity. As a result, construction, operation, and hauling vehicle sound levels will vary. Short- term impacts would cease upon completion of the project development activities.
3.11.2.2 Long-Term Noise Impacts
Long-term noise levels would be consistent with surrounding development. Traffic volumes in the vicinity of the site will increase as a result of new incremental site development, as well as normal growth in the surrounding area. NYS Route 5 is a very busy and heavily traveled north-south route in Lackawanna. With proper mitigation, this roadway will have the capacity to handle the additional traffic from future build-out of the Project site, which will result in an increase in traffic-related noise. However, given the existing setting and current ambient noise levels, it is not anticipated that the increase in traffic will result in significant adverse noise impacts.
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3.11.3 Mitigation of Impacts
During the site plan review/approval process for each development site, the City can ensure there are adequate distances and landscaping to provide noise buffers between the specific site developments and residential properties. Noise from truck deliveries and loading/unloading activities will be mitigated by maximizing the distance to property lines and introducing landscaped buffers and berms.
Operation of heavy equipment during the construction phase of development would be temporary and restricted to typical day time work hours. Managing the hours at which the loudest of the operations can take place can provide additional mitigation of construction noise. Construction activities will be limited to “normal business” hours to mitigate the potential effects to noise sensitive receptors.
The anticipated increase in noise levels resulting from operations at the future light and medium industrial uses on the individual development lots would be similar or lower than current noise levels related to on- going operations of surrounding medium to heavy industries and businesses. Development of the Project Site will adhere to City Zoning (Chapter 230) and Noise (Chapter 159) regulations.
During the site plan review/approval process for development of the individual parcels, potential noise impacts should be identified through the SEQR Coordinated Review process. If further assessment is warranted due to the proposed location or proposed uses, then a noise study should be completed in adherence to the NYSDEC Noise Policy as part of site plan review and SEQR.
3.12 Air Quality
3.12.1 Existing Air Quality
The NYSDEC measures air pollutants at sites throughout New York State with continuous and/or manual instrumentation. These sites are part of the federally-mandated National Air Monitoring Stations Network and the State and Local Air Monitoring Stations Network. At the NYSDEC’s monitoring sites, a combination of the following air pollutants are recorded in real time: ozone, sulfur dioxide, oxides of nitrogen, carbon monoxide and PM2.5. Test are also conducted annually for filter based PM2.5, lead, and acid deposition. Overall, “the objectives of New York’s ambient air monitoring networks are to:
(A) Provide air pollution data to the general public in a timely manner; (B) Provide data to determine compliance with ambient air quality standards and to develop emission control standards; and (C) Support air pollution research studies.”
The closest air monitoring site to the Project Site is in Buffalo, New York. Located at the New York State Thruway Authority Bridge Maintenance Facility, the site monitors for the following: oxides of nitrogen, sulfur dioxide, carbon monoxide, PM2.5, PM10, and toxics. According to the New York State Ambient Air Quality Report for 2018, this air monitoring site did not contravene any New York or Federal Ambient Air Quality Standards (AAQS). Additionally, according to the New York State Ambient Air Monitoring
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Program 2015 Network Assessment, New York State, as a whole, follows AAQS except for ozone.
“The Air Quality Index (AQI) is an index for reporting daily air quality. It was created as an easy way to correlate levels of different pollutants to one scale to show the public how clean or polluted the air is, and what associated health effects might be of concern. When levels of ozone and/or fine particles are expected to exceed an AQI value of 100, an Air Quality Health Advisory is issued alerting sensitive groups to take the necessary precautions.” The closest air monitoring station the measures for ozone is located in Amherst, which has recorded an AQI over 100 for ozone an average of 2.7 days between the years of 2012 and 2014. New York State as a whole has had an average of 11.7 days between the years of 2012 and 2014 with an AQI of over 100. Ozone can cause a variety of detrimental health effects to humans such as premature aging of lungs and or/chronic respiratory illnesses. “Ozone also affects sensitive vegetation and ecosystems. Specifically, ozone can lead to reductions in agricultural and commercial forest yields, reduced survivability of sensitive tree seedlings, and increased susceptibility to disease, pests, and other environmental stresses such as harsh weather.”
3.12.2 Impacts to Air Quality
In June of 2018 the City of Lackawanna adopted a set of zoning amendments that remapped the BRA-Light Industry (BRA-LI), BRA-Medium Industry (BRA-MI), and BRA-Heavy Industrial (BRA-HI) districts. The Project Site is located within two zoning sub-districts: BRA-LI and BRA-MI. Zoning at the Project Site permits construction of Light Industry and Medium Industry businesses. Per the adopted zoning, a Medium Industry District “is intended to encourage ‘non-smokestack’ manufacturing.” Therefore, future uses of the proposed lots are not anticipated to significantly impact air quality.
Impacts to air quality may occur from vehicular exhausts. Based on the traffic impact analysis studies, traffic is not anticipated to exceed the average annual growth rate for the area, and therefore vehicle related emissions impacts are anticipated to be minimal and no significant adverse impacts are expected.
During construction, dust may increase but is anticipated to be temporary in nature and will not occur over prolonged periods of time. During construction excavations, if the demarcation layer within the soil is breached (1 foot down), there is the potential to expose volatile organic compounds and particulates and triggers the requirements of the SMPs.
3.12.3 Mitigation of Impacts
In order to mitigate potential air quality impacts regarding vehicle emissions, low sulfur fuel should be used whenever possible, limiting engine idling time, and using engines that comply with the applicable air quality regulations, such as the USEPA New Source Performance Standards or the engine National Emission Standards for hazardous air pollutants, as appropriate. Additionally, vehicles and equipment will be maintained per industry standards, have appropriate mufflers and air filters, and be kept in working order throughout Project construction. Dust will be controlled by utilizing appropriate BMPs, such as mulch, water sprinkling, and wind barriers. The Community Air Monitoring Plan (within the EWP) will be
Environmental Setting, 3-63 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York followed if the demarcation layer within the soil is breached. The Community Air Monitoring Plan monitors in real-time for volatile organic compounds and particulates. It provides details on response actions to be taken to mitigate potential impacts if State of Federal AAQS will be exceeded by the Project.
Future uses of the proposed lots are not anticipated to significantly impact air quality. In order to mitigate potential air quality impacts regarding potential uses on the Project Site, natural gas should be utilized when possible for the HVAC systems for future facilities built on the individual development sites. Mitigation measures, such as scrubbing technologies could also be placed on exhaust systems if needed.
Furthermore, during proposal for each lot/project, the City can ensure there are adequate air quality mitigation efforts in place, and that all NYSDEC guidelines are met to ensure no impacts to air quality occur and that no sensitive receptors (i.e. residential buildings) are adversely impacted by the other uses on the Project Site.
During the site plan review/approval process for development of the individual parcels, potential air impacts should be identified through the SEQR Coordinated Review process. Should applicant(s) propose a use that requires a state or federal air permit, or if the proposed use requires air modeling and analysis, adherence to the necessary steps needed to obtain the air permit would be required, including mitigation measures or testing or modelling.
3.13 Environmental Justice
Environmental justice is defined by the U.S. Environmental Protection Agency (USEPA) as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, age, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
Executive Order 12898, “General Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” enacted in 1994, requires all federal agencies to identify and address the disproportionately high and/or adverse human health, economic and social impacts of their programs and policies on minorities and low-income populations and communities. A disproportionately high and adverse effect on minority and low-income populations is defined as “an adverse effect that:
is predominately borne by a minority population and/or a low-income population, or
will be suffered by the minority population and/or low-income population and is appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the non-minority population and/or non-low-income population.”
The Council on Environmental Quality (CEQ)’s Environmental Justice Guidance under the National Environmental Policy Act (1977) (NEPA) is the guiding documentation for the assessment of environmental justice impacts under NEPA. In order to determine if a project may have a disproportionately high and adverse effect on minority or low-income populations, a study area is identified and then, based on census
Environmental Setting, 3-64 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York data, the analysis examines whether low-income or minority populations reside within the area. Once the potential impacts of the project are understood, the analysis looks at whether the project impacts are disproportionately high on the low-income or minority populations. The analysis should consider whether the health effects are significant, as defined by NEPA, or above generally accepted norms; whether the risk or rate of hazard exposure is significant and appreciably exceeds or is likely to appreciably exceed the risk or rate to the general population; and whether health effects occur in a minority or low-income population affected by cumulative or multiple adverse exposures from environmental hazards. Similarly, the NYSDEC’s Commissioner’s Policy 29 (CP-29) requires an environmental justice analysis to identify and address effects on minority and low-income communities. Both the CEQ guidance and CP-29 guide the analysis that follows.
The Study Area for the analysis generally encompasses those U.S. Census Bureau block groups which lie within 400 feet of the Project Site. This Study Area is consistent with the Study Area used for the assessment of both socioeconomic and land use impacts. The specific census tracks and block groups included are identified in the analysis below. This environmental justice evaluation was conducted in order to determine that the Project will not result in any disproportionately high and adverse effects on minority and low- income populations in the area.
3.13.1 Environmental Justice Populations in the Study Area
Census data were reviewed to determine the percentage of low-income and minority populations within the Study Area. The CEQ guidance and CP-29 define minorities as members of one of the following racial or ethnic groups: American Indian or Alaskan Native; Asian or Pacific Islander; Black, not of Hispanic origin; or Hispanic (CEQ 1997). Pursuant to the CEQ guidance, minority populations exist where: “(a) the minority population of the affected area exceeds 50 percent or (b) the minority population percentage of the affected area is meaningfully greater than the minority population percentage in the general population or other appropriate unit of geographic analysis” (CEQ 1997). The percentage of minority population in Erie County was used as a threshold/reference population for determining environmental justice populations in the Study Area. The minority population of Erie County is 17.4 percent.
The CEQ guidance does not set a specific threshold (percentage) for identifying low-income populations as environmental justice communities; however, CP-29 defines a low-income community as one in which the percentage of the population living below the poverty line equals or exceeds 23.59 percent. To be consistent with the approach for identifying minorities, the Erie County population percentages were also used to establish the threshold for identifying low-income populations within the Study Area. The low- income population in Erie County is 10.2 percent, well below the CP-29 threshold of 23.59 percent.
Table 18: Low-Income and Minority Populations, identifies low-income and minority populations within the Study Area based on census block groups that intersect the Study Area and have residential buildings within the Study Area.1 Low-income and minority data for Erie County is included to establish the thresholds for identifying low-income and minority populations.
1 Note that the total population for the block groups in the Study Area is greater than the actual population in the Study Area because these block groups contain residential buildings that lie outside of the Study Area. However, for the purposes of identifying environmental justice communities, these block groups cannot be split up.
Environmental Setting, 3-65 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
Table 18: Low-Income and Minority Populations
Low-Income Minority Census Tract Block Group Total Population Population Population 2 0% 0% 0 1.10 3 10.7% 1.0% 722 130.01 2 8.1% 0% 565 1 31.9% 14.0% 1,189 2 2.5% 25.7% 903 174 3 47.3% 43.6% 583 4 64.7% 94.1% 656 Study Area 28.1% 27.7% 4,618 Erie County 10.2% 17.4% 919,866 Source: U.S. Census Bureau ACS 5-year estimates, 2013-2017; the Poverty Status data set was used to determine low-income populations.
The Study Area includes seven Census block groups which together contain 4,618 residents, according to U.S. Census Bureau 5-year ACS estimates (2014-2018). The Study Area population is 28.1 percent low- income, as compared to 10.2 percent in Erie County. The Study Area population is 27.7 percent minority, as compared to 17.4 percent in Erie County. Thus, the entire Study Area and all but 3 of the block groups (Census Tract 1.10, Block Group 2, Census Tract 130.01, Block Group 2 and Census Tract 174, Block Group 2) meet the environmental justice definition of a low-income community. The entire Study Area and all but 4 of the block groups (Census Tract 1.10, Block Groups 2 and 3, Census Tract 130.01, Block Group 2 and Census Tract 174, Block Group 1) meet the environmental justice definition of a minority community. Therefore, this environmental justice evaluation was conducted in order to determine that the Project will not result in any disproportionately high and adverse effects on minority and low-income populations in the area.
3.13.2 Environmental Effects
3.13.2.1 No-Action Alternative
Under the No-Action Alternative the Project Site would remaining in its existing condition. There would be no further public or private investment in infrastructure improvements and the property would not be subdivided into individual development lots, remaining vacant and underutilized, with remaining environmental remediation activities possibly not proceeding at their current pace.
Under the No-Action Alternative the neighboring community would continue to reside near an underutilized former heavy industrial site and would not experience the benefits of the site’s redevelopment, including access to jobs and the continued remediation of the property.
Environmental Setting, 3-66 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
Under current conditions, approximately one third of the City land area is underutilized. The No-Action Alternative would continue this situation, which may greatly impair the City’s ability to sustain the current level of services.
3.13.2.2 Preferred Alternative
The Preferred Alternative consists of the implementation of an Infrastructure Master Plan to guide the development of a portion of the former BSC steel plant in Lackawanna, New York. The following discussion summarizes both the potential adverse impacts and beneficial effects of the project.
Summary of Benefits
Socioeconomic: In the long term, implementation of the Master Plan will provide local and regional employment opportunities and have a positive economic impact on surrounding municipalities. In addition, the Project will increase the amount of real estate in the City dedicated to industrial, retail, and office uses, and will decrease the amount of vacant land. This reduction in vacant land will improve real estate market conditions in the area overall. There would also be a short-term beneficial socioeconomic impact, as construction jobs would be created.
Remediation: Implementation of the Master Plan and build-out of the individual development lots will result in further remediation of those lots that have not yet received 12 inches of clean cover material.
Visual and Aesthetic Resources: With the implementation of the Master Plan, the existing views of the vacant, post-industrial property will transition to views of new light and medium manufacturing facilities with associated infrastructure, parking areas, and landscaping that will improve the visual quality of this long-abandoned property.
Summary of Adverse Impacts
Noise and Vibration: The Project Site is relatively isolated from residential noise receptors. The closest residential area to the project is opposite NYS Route 5 to the east, in Lackawanna’s “First Ward” neighborhood. It is anticipated that the mix of manufacturing and industrial uses targeted for the project will be limited to indoor operations, except for shipping and delivery activities. The location of a 50-foot easement for Bethlehem Shoreline Trail multi-use path along NYS Route 5 as well as minimum 50-foot front setbacks ensures buildings will be at least 100 from the ROW of NYS Route 5, increasing the distance to the residential neighborhood. Construction activities will result in temporary noise impacts, primarily due to the operation of construction-related equipment including trucks entering and exiting the site and heavy equipment. However, construction is anticipated to be limited to “normal business” hours to mitigate the potential effects to noise sensitive receptors.
Public Health: During the construction of the Project, absent the use of best practices, both noise and hazardous materials could have temporary adverse impacts. With the implementation of the mitigation measures for noise during construction, the nearby population would not experience chronic exposure to high levels of noise, exposure to noise levels above 85 dBA, or episodic exposure to short-term impacts of
Environmental Setting, 3-67 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York noise. Additionally, hazardous materials are potentially present in portions of the site. However, with the implementation of a variety of measures prior to and during construction (including both testing and health and safety procedures), no significant adverse impacts related to hazardous materials would be expected to occur as a result of Project construction. There would be no long-term adverse impacts to public health.
Analysis of Potential for Disproportionately High and Adverse Effects
As indicated above and as detailed in the technical assessments, there would be no signficant adverse short- or long-term impacts resulting from the Project. There would be short-term minor construction-related impacts due to increased noise and traffic. There would also be the potential to disturb hazardous substances, which must be mitigated during construction. Any hazardous substances encountered would be managed pursuant to the NYSDEC-approved SMP designed to be protective of human health and the environment. Also, impacts would have a limited duration and best management practices and other measures would be employed to minimize impacts. Although these impacts would be experienced by low- income and minority populations, being the populations living within the vicinity of the Project Site, the impacts would be felt fairly equally by all populations proximate to the Project Site and therefore, would not be disproportionate.
The Project would result in beneficial socioeconomic and aesthetic impacts, which would be shared equally by all living and working in the area, including minority and low-income populations.
3.13.3 Public Outreach to Environmental Justice Populations
In accordance with EO 12898, federal agencies must work to ensure effective public participation and access to information. Similarly, CEQ guidance states that: “Agencies should assure meaningful community representation in the process. Agencies should be aware of the diverse constituencies within any particular community when they seek community representation and should endeavor to have complete representation of the community as a whole.” The following summarizes the outreach activities undertaken as part of the planning processes related to the installation of coastal resiliency measures in the Study Area.
3.13.3.1 Project Outreach
On October 25, 2018, a public information meeting was held at St. Anthony’s Church in the First Ward neighborhood of Lackawanna. Members of the Project team provided an overview of the project, a brief history of the site, status of the Brownfield Cleanup program and presented 4 alternative layouts of the proposed roads and future building lots. The public was invited to view the layout plans in small groups and report back to the whole at the end of the evening.
On December 13, 2019, a SEQR Public Scoping meeting was held at St. Anthony’s Church in the First Ward neighborhood of Lackawanna. Members of the Project team provided an update on the status of the Master Planning project and an overview of the SEQR process. A detailed outline of the content of the DGEIS was presented and comments taken regarding the Draft Scoping Document.
Environmental Setting, 3-68 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
A third public meeting will be held at a date to be determined to present this DGEIS and provide opportunity to receive public and agency input.
3.14 Temporary and Short-Term Impacts
Development of the Project Site will result in temporary and short-term impacts related to construction activities. These impacts include noise from construction vehicles and equipment, as well as short-term impacts to air quality from dust and exhaust. Temporary and short-term impacts to soils will occur during site earthwork activities associated with site development.
3.14.1 Mitigation of Impacts
Construction activities are anticipated to be limited to normal business hours to mitigate the potential effects to noise sensitive receptors. The short-term noise impacts will cease upon completion of the Project construction activities.
To mitigate short-term air quality impacts due to construction activities, low sulfur fuel should be used whenever possible and engine idling time should be limited. Dust will be controlled by utilizing the appropriate best management practices, such as mulch, water sprinkling, and wind barriers. The Community Air Monitoring Plan will be followed if the demarcation layer within the soil is breached.
In order to maintain the BCP Certificates of Completion, Site EWPs will be followed to avoid or mitigate problems that may arise anywhere the existing 12 inches of clean cover is breached, penetrated, or temporarily removed, and any underlying remaining impacted soils are disturbed.
3.15 Unavoidable Adverse Environmental Impacts
Certain adverse environmental impacts associated with implementation of the proposed Project are unavoidable. Unavoidable adverse impacts will be reduced as much as possible through the proposed site design, application of appropriate mitigation measures, and use of best management practices. Unavoidable adverse environmental impacts associated with the proposed Project include:
At full build-out (installation of proposed and future roads and the Bethlehem Shoreline Trail and maximum coverage of the development lots), it is estimated that approximately 194.9 acres (80% of the Project Site) will be developed with impervious land cover (i.e., buildings, parking lots, roads). This is an unavoidable adverse impact that can be reduced but not totally avoided.
The impervious land cover will decrease the time of concentration of flows leaving the site, which will increase the peak runoff and volume of stormwater. Uncontrolled, the increase in peak runoff and volume may have negative impacts to properties that are downstream and adjacent to the Project Site. Increases in impervious areas are unavoidable; however, impacts to surface waters
Environmental Setting, 3-69 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
(off-site) can be minimized by the proper design and construction of stormwater management facilities for developed lots.
During construction activities, the potential exists for silt-laden storm water drainage from construction areas to enter site drainageways and ultimately be conveyed to Smokes Creek, or the Union Ship Canal. This impact can be reduced and mitigated by the adherence to the Storm Water Pollution Prevention Plan that will be developed for the development of each lot.
Construction and operation of the developed Project Site will result in short-term and long-term impacts to existing noise levels in the area. These impacts are not considered to be significantly adverse and would be reduced or mitigated by operating construction equipment during typical daytime work hours. Increases in ambient noise may also be generated by on-site activities and traffic. However, anticipated noise levels are expected to be well below the level of noise that emanated from the site when it was operating as a steel manufacturing facility.
While the Project will result in a significant and unavoidable change in land use, that change is in compliance with the City of Lackawanna Zoning Law, which allows light and medium advanced manufacturing uses that will not result in the negative externalities of prior land uses on the site. Land use changes in the Project Site will not result in adverse impacts to the surrounding community.
Development of the Project Site will change the visual setting of the site. This impact is unavoidable and anticipated through the zoning and development policies of the City. Visual character of the anticipated development is guided by Chapter 230 of the City Code-the City of Lackawanna Zoning Law and is expected to result in a considerable improvement to existing aesthetic and visual quality.
Development of the Project will result in unavoidable increases in local traffic. At full build-out, traffic impacts may result in a decreased LOS and/or increased queue lengths at the following intersections: o Madison Avenue and NYS Route 5 o Dona Street and NYS Route 5 o Odell Street and NYS Route 5 o Ridge Road and Fuhrmann Drive o Ridge Road and NYS Route 5
Potential mitigation measures are identified for the site that include the addition of designated left turn and right turn lanes at the Ridge Road/southbound NYS Route 5 Ramp intersection and the addition of a 200-foot southbound right turn (deceleration) lane at Madison Avenue.
An increase in the amount of energy resources used in association with the construction and operation of the Project Site is unavoidable.
Environmental Setting, 3-70 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
3.16 Irreversible and Irretrievable Commitment of Resources
The proposed Project will require the irreversible and irretrievable commitment of certain material, natural and financial resources, as described below. For the most part, the commitment of these resources will be offset by the benefits generated by the Project. Although a full range of site design features and environmentally-sound mitigation measures will be implemented to minimize these commitments, some resources will become unavailable for future use.
3.16.1 Natural Resources
Implementation of the Master Plan and development of the individual development lots represents a commitment of land for the life of the Project. Approximately 244 acres of previously vacant industrial land are proposed to be converted to new development with impervious surfaces such as buildings, roads, and parking lots (approximately 195 acres), as well as the installation of landscaped areas, changing its current use. This new development will replace existing vacant land, a change that could not be fully recovered. Additionally, the visual character of the Project Site will be altered. The replacement of vacant land with buildings will change the visual character of the Project Site. Plant communities on the Project Site have not been identified by the NYSOPRHP or USFWS as rare, threatened, or endangered or a significant natural community; therefore, no significant loss of irreplaceable wildlife species will occur as a result of site development. However, open space and existing vegetation will be replaced with development.
3.16.2 Energy & Material Consumption
Energy resources will be irretrievably committed to future Project development, during both the construction and operation of new land uses. Fuel and electricity will be required during site preparation and construction activities for the operation of various types of construction equipment and vehicles, and for the transportation of workers and materials to and from the Project Site. It is anticipated that energy demand will be typical of an advanced manufacturing park, which will have demand forecasts similar to existing facilities in the region.
Various types of construction materials and building supplies will also be committed to the future build-out of the individual development lots. The use of materials, such as gravel, concrete, steel, etc., will represent a long-term commitment of these resources, which will not be available for other projects.
3.16.3 Financial Resources
Financial resources have already been and will continue to be expended by the property owners, the various Federal and New York State agencies, Erie County, and the City of Lackawanna for the planning and review of the Project. The expenditure of funds will continue to be required throughout the process for environmental review, site and building design, permitting, site plan approval and construction phases of the Project.
Environmental Setting, 3-71 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
Development capital expenditures refers to the costs associated with construction, including engineering, financial, legal and other professional services; labor and materials; and financing. Included in these costs are the premiums for insurance and other risks that are part of any type of construction/development venture. The commitment of these resources makes them unavailable for other uses.
There will also be costs associated with the daily operation of the facilities. The commitment of these monetary resources to operate and maintain the site facilities makes them unavailable for other uses.
3.17 Growth Inducing Impacts
The existing zoning of the Project Site allows for light and medium industrial uses. Development of the Project Site is not likely to result in a greater level of development than the existing zoning otherwise allows. Any secondary development pressure (i.e., for housing and commercial services resulting from development of the Project Site) can be absorbed by vacant lands, underdeveloped properties and redevelopment of existing structures and lands within the City of Lackawanna and surrounding communities. Therefore, the Project is not anticipated to result in significant negative impacts to the surrounding area or the City as the result of further growth in the community.
Implementation of the ILDC Master Plan by installing some or all the infrastructure will facilitate the sale and buildout of the proposed development lots. These actions are anticipated to induce economic growth both locally and, in the region, as follows.
The Project will generate new job opportunities that will potentially be filled by residents in the City (particularly the First Ward area), the County, and the western New York region as a whole. According to the Real Estate Analysis Report for ILDC, job growth could be as high as 5,500 permanent jobs and 1,700 temporary jobs. The creation of new jobs will help to create a positive environment for employment in the region.
The Project will provide secondary economic benefits to local vendors and suppliers used by employees (i.e., grocery and other retail sales, restaurant patronage, banking, etc.).
An increase in local and County property taxes generated by Project Site development may help keep local property tax rates lower.
New businesses can have a multiplier effect in the local economy. An illustration of the economic ripple effect might include a new employee who spends his/her wages locally on goods or services provided by a local vendor who, in turn, spends their earnings on goods and services provided by another local vendor. While the value of a multiplier associated with the proposed Project has not been calculated, considerable economic value is expected to be created and distributed as a result of bringing one or more new businesses into an area.
Environmental Setting, 3-72 Potential Impacts and Mitigation Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
3.18 Cumulative Impacts
SEQRA requires a consideration of cumulative impacts where such impacts are “applicable and significant” (6 NYCRR §617.9[b][5][iii][a]). Cumulative impacts are two or more individual environmental effects that, when taken together, are significant or would compound or increase other environmental effects. The individual effects may be effects resulting from a single project or, in certain circumstances, from separate projects that are developed over time. Cumulative impacts that are typically considered included loss of land resources and open space and habitat, increased usage and capacity of infrastructure and public services, traffic generation, water quality and stormwater runoff, cultural resources and visual charter/quality, increased demands for community services, and socio-economic impacts (tax revenue, jobs, impacts to schools, etc.).
In general, cumulative impact analysis of external projects proposed for construction in the region is required by SEQRA where the external projects have been specifically identified and are either part of a single plan or program, or under common ownership or control. Since no external projects have been identified to be considered under an in-depth analysis of cumulative impacts associated with the proposed project, no further analysis has been determined to be appropriate for this action. Any development of individual lots within the Project Site that exceeds the thresholds identified in Section 5.0 of this GEIS that necessitates additional SEQRA review would also be required to address potential cumulative impacts of the proposed lot development with other developed lots in the area. Additionally, when projects subject to SEQRA are proposed in the future on the remaining Tecumseh owned lands they will benefit from this DGEIS in their assessment of cumulative impacts.
3.18.1 Phasing
The Master Plan is designed with the intent it may be modified to meet market demand in terms of lot size, access, and infrastructure. The lot configuration can be adjusted depending on how lots are subdivided and is capable of being developed in phases. Therefore, not all the road, water and sewer infrastructure must be constructed for the successful redevelopment of the Project Site; or to build out some or all the individual development lots. The assessments conducted for this DGEIS consider the full build out of all the infrastructure and all the land available in accordance with current zoning (approximately 195 acres). The implementation of the Master Plan, including the mitigation measures identified herein, will be no less protective of the environment if some or part of the Project is completed or if implementation is phased.
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4 Alternatives to the Proposed Action
This section presents a qualitative assessment of various alternatives considered for the Proposed Action, which consists of implementation of the ILDC’s Infrastructure Master Plan. Implementation includes: City review of the Concept Master Plan, Shovel Ready Certification as a Multi-Tenant Commercial Business Park Site under the Build Now-NY program; design and construction of roads and public infrastructure; and the ultimate sale and development of individual development lots. As a GEIS, the Proposed Project is still at the conceptual stage and potential future site-specific development projects are somewhat speculative. Correspondingly, this alternatives analysis is general in nature, focusing on alternative uses and scale of future development.
4.1 Preferred Alternative
The Preferred Alternative is the implementation of the Master Plan for the development of the Advanced Manufacturing Park, as depicted in Figure 2. The Preferred Alternative best advances the ILDC’s goal to have a conceptual design for roads, utilities and development lots that can be implemented in a phased approach, as needed, to facilitate the maximum redevelopment of this portion of the former BSC property on NYS Route 5 in the City of Lackawanna, thereby encouraging new investment and job creation.
The Preferred Alternative consists of the entire approximately 244-acre Project Site. It is anticipated that the Project will result in the installation of streets, water, sewer, stormwater management facilities, and private utilities in support of the future build-out of one or more individual development lots to be located on the site for a mix of commercial, business, and light and medium density industrial facilities.
The Master Plan shows twelve individual development lots ranging in size from 5.8 acres to 66.6 acres. The number and size of the development lots subdivided and sold remains to be determined, depending on demand. The lots are arranged along a proposed street layout that provides access to one of four new public streets. The Master Plan depicts a total of approximately 8,950 linear feet of new streets. Each proposed lot has frontage and access along 4,025 linear feet of proposed streets. An additional 4,925 linear feet of potential future streets provide flexibility to accommodate phasing or further subdivision of the proposed lots into additional smaller development lots if the demand warrants. Not all the road, water and sewer infrastructure must be constructed for redevelopment of the entire Project Site or to build out a smaller number of individual development lots. This assessment considers full development of all the infrastructure and will be no less protective of the environment if the Advanced Manufacturing Park is constructed in phases.
The ILDC Advanced Manufacturing Park will provide a unique opportunity to redevelop an underutilized and vacant former heavy industrial site with modern light and medium manufacturing uses. The Preferred Alternative has been selected because: it provides the ILDC the most flexibility in terms of lot size, access, and infrastructure to meet future market; it is capable of being built-out in phases; it is consistent with the City’s recent planning initiatives; it is consistent with the ILDC’s economic development goals; and it will
Alternatives to the Proposed Action 4-1 Alternatives to the Proposed Action Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York serve as a catalyst for creating temporary and full-time jobs, stimulating secondary economic benefits, and returning the site to productive use.
The potential impacts of implementation of the Master Plan and future buildout of the development lots (the preferred alternative), are summarized below based on their assessment in Section 3 of this DGEIS. Potential impacts have been reduced or mitigated through concept design and the establishment of regulatory requirements.
Land Cover: Under current zoning requirements for lot coverage, full buildout of the development lots may create a maximum of approximately 170.3 acres of new impervious surfaces. Another 24.6 acres would be in existing and proposed road rights-of-way and trail easements. There would be approximately 49 acres in landscaped areas and open space.
Soils: Temporary or short-term impacts to soils will occur during site earthwork activities associated with construction of roads, infrastructure, and building sites. Where the existing 12 inches of clean cover soils are disturbed, the work must follow the EWP for that BCP site. Excavated materials for building foundations and infrastructure development will be re-used on site.
Surface Waters: In order to minimize the impacts to surface waters from soil erosion and sedimentation, individual lot developments will be required to follow the NYS Stormwater Management Design Manual standards, which requires the incorporation of green infrastructure practices. A Stormwater Pollution Prevention Plan will be prepared for each lot.
Floodplains: Approximately 5.4 acres of acres on two development lots are located within the 100-year floodplain along Smokes Creek. Development activities on these lots will comply with the provisions of §230-68 of the City of Lackawanna Zoning Law (Flood Development Permits).
Planning and Zoning: The Master Plan is consistent with the policies and recommendations of the City of Lackawanna Comprehensive Plan, Brownfield Opportunity Area Nomination Study and Implementation Strategy, and the Local Waterfront Revitalization Program (existing and proposed). The Master Plan shows that the Project Site can be developed in accordance with the existing City of Lackawanna Zoning, in terms of anticipated land uses and dimensional and design standards.
Economic Growth: According to the Real Estate Analysis Report for ILDC, development of the Project Site could result in as many as 5,500 additional permanent jobs and 1,700 additional temporary jobs.
Consistency with Brownfield Cleanup Program: Activities to study and remediate the Project Site were begun on the former BSC property prior to the ILDC’s acquisition of the Project Site. Participation in the BCP lays out a series of actions that must be completed prior to obtaining a Certificate of Completion and eventually must be followed prior to future redevelopment of the site. However, with implementation of the Preferred Alternative, it is likely that final clean cover
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and completion of BCP-required cleanup activities will occur sooner than under the No-Action Alternative.
Visual: Build-out of the individual development lots will result in significant changes in the visible landscape that are different from the existing site conditions. Potential visual impacts are mitigated by adherence to the City of Lackawanna zoning and design standards.
Transportation: Implementation of the Master Plan, including three new streets accessing NYS Route 5 and the build-out of the individual development lots will increase traffic in the immediate area. The Traffic Impact Study prepared for the Project indicates key improvements that would mitigate traffic impacts; designated left turn and right turn lanes at the Ridge Road / southbound NYS Route 5 Ramp intersection; and a southbound right turn (deceleration) lane at Madison Avenue
Noise: The Preferred Alternative will result in the development of new land uses that will generate noise that exceed existing ambient noise levels on the site. Potential land use on the Project Site are not expected to generate noise that would adversely impact surrounding sensitive receptors (primarily the First Ward residential neighborhood). Furthermore, noise generated by new uses and traffic on the site would be far less offensive than prior heavy industrial uses. All proposed land uses on the site will comply with Chapter 159 of the City Code (Noise).
Air: Implementation of the Preferred Alternative would result in the development of “clean” uses, such as offices, warehousing, distribution centers, advanced manufacturing facilities and similar light and medium industrial activities that will not generate adverse impact to local air quality. Proposed use of the Project area will be a vast improvement over former heavy industrial uses that adversely affected air quality. All proposed land uses in the Project area will comply with existing NYSDEC regulations for air quality, as required.
4.2 Alternative Sites
Evaluation of Alternative Sites is limited to properties that are similar in size, condition, and availability. Regarding availability, the ILDC currently owns approximately 154 acres of the Project Site and is in the process of purchasing the remaining 90 acres and does not own other lands having the unique circumstances afforded to this site. The Project Site is uniquely situated as: a site that was historically utilized for heavy industrial use; a site, portions of which have successfully participated in the BCP; a site where the majority of the previously impacted land has been remediated as needed and determined to be ready for non- residential development; a site with ready access to highway, rail and water transportation at a scale to serve light industrial and advanced manufacturing users; and a site that is separated from nearby residential development. While there are other lands in the City’s Bethlehem Redevelopment Area (BRA) zoning districts where manufacturing and industrial uses are allowed, the Project Site is the only area controlled by the ILDC and is uniquely situated to meet that agency’s development goals and, therefore, it is the preferred site for implementation of the Proposed Action.
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However, if the ILDC had control of a site of similar size with similar zoning controls, the potential environmental impacts for future development of that site would be similar to implementation of the preferred alternative. However, impacts may differ slightly given another site’s location in terms of:
Access to existing transportation networks, Availability of public utility services and capacity, Avoidance of protected surface waters or wetlands, and Avoidance of existing cultural resources.
4.3 Alternative Size and Scale
Alternatives to the Proposed Action based on a different size and scale of the recommended lots and street layout are presented in this section as a comparison to the preferred alternative. The Master Plan is designed in order to be flexible in terms of road and utility layout and lot configuration. If fewer larger lots are assembled and sold, or if more smaller lots are created and sold, the net developable area would be controlled under the same zoning requirements. The allowable land uses would not change, and the maximum lot coverage limits would be the same: 75% in the BRA-LI district and 80% in the BRA-MI district. Differences may result in the overall length and layout of public roads and the extent of utility installation. Visual, noise and air quality impacts may also differ if there are more or fewer buildings constructed; however, the same regulatory permits and controls would apply, minimizing the net difference in overall impacts.
4.4 Alternative Uses of the Project Site
Alternative uses of the ILDC’s Project Site, other than the land uses identified for the preferred alternative, are described in this section.
The environmental restrictions placed on the BCP sites limit their future use to commercial and industrial facilities; residential uses are not allowed. The proposed non-residential land uses include those allowed by the newly applied zoning regulations, as supported by the Local Waterfront Revitalization Program, as described in Section 3.5. Implementation of the Master Plan cannot propose land uses that are not permitted under the existing zoning.
The ILDC purchased the property with the intent to utilize public resources to facilitate the redevelopment of this former heavy manufacturing site. Given the resources allocated to finish site cleanup, relocate railroad trackage, and construct the extension of Dona Street and the Bethlehem Shoreline Trail, anything but the sale of the individual lots for private development would not be justified. Build-out of the Master Plan best meets the ILDC’s goal to construct an advanced manufacturing park as an economic development stimulus project for the City of Lackawanna.
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4.5 No-Action Alternative
To establish a baseline for assessing the relative impacts and benefits of the proposed action, SEQRA requires a discussion of the No-Action Alternative. The No-Action Alternative discussion is intended to identify the adverse and beneficial impacts that may occur on the site in the absence of the Proposed Project. The No-Action Alternative considers the Project Site remaining in its existing condition. Implementation of this alternative would result in impacts that differ from those expected from the Preferred Alternative, as follows:
1. There would be no further public or private investment in infrastructure improvements and Erie County and New York State would not realize a return on their investments to-date.
2. The Project Site would not be subdivided into individual development lots and would remain vacant and underutilized, offering no future benefits to the community.
3. Opportunities for new manufacturing and/or industrial development in the City of Lackawanna would be reduced, removing any opportunity for economic prosperity, increased tax revenues, improved services and lowering of poverty levels.
4. There would be no employment opportunities and potential benefits to the local population would be lost (i.e., professional and entry level jobs, job training, full-time employment opportunities).
5. The City and WNY region would not realize the benefits of this economic development project, by way of increased tax base and, as previously mentioned, job opportunities
6. Potential improvements to the visual character of the site would not occur.
7. Potential traffic, noise and air impacts would be avoided.
8. Remaining environmental remediation activities may not proceed at their current pace.
9. If not maintained, portions of the Project Site would continue to naturally revegetate and increase habitat for local flora and fauna. However, successional vegetation on site may hamper the placement of final clean cover and opportunities for future redevelopment.
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5 Thresholds
5.1 Thresholds for Future Environmental Review
The conceptual master plan is intended to lead to an eventual build-out of the individual development lots located on the Project Site. Those future development projects will require Site Plan Review and potentially Special Use Permits, both of which are subject to SEQRA. The GEIS has evaluated potential generic impacts associated with the Project as it is currently defined, as well as the potential long-term impacts associated with the future build-out of the proposed infrastructure and development lots. As Project build- out progresses, changes may occur as site-specific developments are proposed. It is anticipated that lot sizes and lot coverages may vary from what is shown on the Master Plan, including increases or decreases in net building areas and specific uses on each lot.
This section outlines the conditions or criteria and procedures to be followed in evaluating future proposals pursuant to the requirements of SEQRA. Any exceedance of the thresholds outlined below will result in the triggering of additional SEQRA requirements for the development of certain lots.
5.2 SEQRA Procedures/Compliance for Future Actions
According to the provisions of 6 NYCRR 617.10:
(c) Generic EISs and their findings should set forth specific conditions or criteria under which future actions will be undertaken or approved, including requirements for any subsequent SEQR compliance. This may include thresholds and criteria for supplemental EISs to reflect specific significant impacts, such as site specific impacts, that were not adequately addressed or analyzed in the generic EIS.
(d) When a final generic EIS has been filed under this Part:
(1) no further SEQR compliance is required if a subsequent proposed action will be carried out in conformance with the conditions and thresholds established for such actions in the generic EIS or its findings statement;
(2) an amended findings statement must be prepared if the subsequent proposed action was adequately addressed in the generic EIS but was not addressed or was not adequately addressed in the findings statement for the generic EIS;
(3) a negative declaration must be prepared if a subsequent proposed action was not addressed or was not adequately addressed in the generic EIS and the subsequent action will not result in any significant environmental impacts; and
(4) a supplement to the final generic EIS must be prepared if the subsequent proposed action was not addressed or was not adequately addressed in the generic EIS and the subsequent action may have one or more significant adverse environmental impacts.
Thresholds 5-1 Thresholds Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
Significant changes to the conceptual Master Plan and future development projects will require further evaluation pursuant to the SEQR procedures. The City of Lackawanna Planning Board, as the agency responsible for the approval of site plans for future development projects, will be responsible for making a SEQR determination whether those projects are consistent with the FGEIS and the Findings Statement before taking action to approval future development projects.
Upon submission of applications for future development projects for site plan approval, the Planning Board must determine if the potential environmental impacts associated with the development of each proposed project has been adequately addressed in the FGEIS and Findings Statement. They must take into account whether the proposed projects exceed any of the thresholds and conditions set forth in the GEIS.
Based on the analysis contained within the DGEIS, the thresholds and conditions contained within Section 5.3 must be met, and if they are met, development as contemplated herein will be allowed without the need for further SEQRA compliance.
5.3 Thresholds for Development of the Project Site
Future development projects that do not exceed, or that conform to, the following conditions or thresholds shall be considered to have been adequately addressed in this GEIS and would not require any further review pursuant to SEQRA:
5.3.1 Zoning and Land Cover Thresholds
Maximum lot coverage for full build out for each development lot, as established by the zoning regulations and the Preferred Alternative concept design, which is estimated to be approximately 195 acres of building and parking coverage cumulatively for the Project Site.
Maximum building square footage for each development lot, as established by the zoning regulations and Preferred Alternative concept design, which is approximately 3.66 million square feet cumulatively for the Project Site.
Conformance with all applicable zoning requirements for the Light Industry District (BRA-LI) and BRA-Medium Industry District (BRA-MI) for lot coverage and building setbacks, parking and other design standards.
5.3.2 Brownfield Cleanup Program Compliance
Remain in compliance with all conditions and requirements of the applicable Certificate of Completion, Site Management Plan and EWP.
All excavated soils remain on site and receive 12 inches of clean cover, or otherwise appropriately disposed-of consistent with New York law.
Thresholds 5-2 Thresholds Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
All utilities within the public right-of-way are installed within a clean utility corridor, as described in this DGEIS.
5.3.3 Transportation Thresholds
As proposals are submitted to the City to develop individual lots, traffic counts for each proposed use will have to be provided and analyzed against the following thresholds established in the Traffic Impact Study:
Any proposal that would cause a LOS of F at the Ridge Road/southbound NY Route 5 ramp intersection will require the addition of designated right turn and left turn lanes at the intersection.
Any proposal that would cause a LOS of F at the Madison Avenue/NY Route 5 intersection will require the addition of a 200-foot southbound right turn deceleration lane at Madison Avenue.
Any proposal that would cause a LOS of F at any other intersection in the development area will require proposed mitigation measures to be included in a site-specific traffic study.
Depending on the traffic counts, a new traffic impact study may be required to document proposed trip generation and distribution and other updated traffic information, including traffic coming from other developments within the advanced manufacturing park. This study will be reviewed against the findings of the GEIS and will be reviewed and approved by the NYSDOT and Erie County DPW.
5.3.4 Utility Thresholds
For each proposed project, the applicant will need to submit an Engineers Report documenting information concerning domestic water demand, sewage generation figures, stormwater calculations, electric power demand, and natural gas demand. Based on the Engineers Report, the following cumulative thresholds are established for the build-out of the advanced manufacturing park:
Cumulative peak water demand or fire flow needs in excess of 3,528 gpm will require further evaluation and potential mitigations.
Cumulative peak sewage generation exceeding 0.65 million gallons per day will require additional review and possible mitigations.
Electric power demand will be submitted to National Grid and, if the demand cannot be met by the improvements National Grid is proposing under this Master Plan, then additional review and possible mitigation will be required.
Natural gas demand will need to be reviewed by National Fuel Gas and, if the proposed development’s demand cannot be met by available facilities, further review and possible mitigation will be required.
Thresholds 5-3 Thresholds Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
5.3.5 Water Resources Thresholds
Site-specific SWPPPs will be required for each individual development lot during the site plan review process. Soil Erosion and Sediment Control plans for site clearing and grading must be included in the project-specific SWPPPs.
Disturbance of any wetland areas unknown at the time of this DGEIS will be avoided.
Location of structures in the 100-year floodplain will be avoided.
5.3.6 Visual Thresholds
Any proposed development that does not meet the City of Lackawanna’s applicable zoning requirements for height, building and parking orientation, building spacing and façade length, general building design, outdoor storage, landscaping, lighting, and signage will require further review and possible mitigation.
5.3.7 Noise Thresholds
All construction and operations shall comply with the City of Lackawanna Noise Ordinance (Chapter 159 of the City Code). Per Section 159-5, construction activities will be conducted between the hours of 8:00 a.m. and 8:00 p.m. and will not be “…audible on a property being used for residential purposes, between the hours of 9:00 p.m. and 8:00 a.m. of the following day.”
Any proposed development that differs from the uses allowed by zoning, or that does not meet the zoning design guidelines, will be subject to further review, including review in accordance with NYSDEC Program Policy DEP-00-1 Assessing and Mitigating Noise Impacts, and possible mitigation.
5.3.8 Air Thresholds
Should any development project include a use that requires a state or federal air quality permit, or if the proposed use requires air modeling and analysis, the project will obtain the permit prior to receiving final site plan approval from the City Planning Board.
Natural gas should be utilized for the HVAC systems for future facilities built on the individual development sites.
During construction operations for new facilities, all vehicles are required to observe limited engine idling times and only use engines that comply with the applicable air quality regulations.
Thresholds 5-4 Thresholds
6 References
AECOM. (2020). Engineer's Report for Industrial Park Infrastructure Master Plan (Former Bethlehem Steel Property).
Benchmark Environmental Engineering & Science, PLLC; TurnKey Environmental Restoration, LLC. (2010). Interim Remedial Measures Work Plan, Railroad Realignment Phase I-III Business Park Areas.
Buffalo and Erie County Industrial Land Development Corporation. (2019). ILDC - Industrial Park Infrastructure Master Plan Real Estate Analysis Draft Report.
C&S Companies. (2018). City of Lackawanna First Ward Brownfield Opportunity Area Step 3 Draft Implementation Strategy.
C&S Engineers, Inc. (2015). Former Bethlehem Steel Site Rail Utilization Study.
City of Lackawanna. (2012). City of Lackawanna First Ward Brownfield Opportunity Area Step 2 Nomination.
City of Lackawanna. (2013). City Code, Chapter 190 - Solid Waste.
City of Lackawanna. (2017). Comprehensive Plan Update June 6, 2017.
City of Lackawanna. (2018). City of Lackawanna First Ward Brownfield Opportunity Area, Step 3, Draft Implementation Strategy.
City of Lackawanna. (2018). Local Waterfront Revitalization Program Preliminary Draft.
City of Lackawanna Department of Development. (2018, May 11). Amendments to City Code Article III District Regulations, Chapter 230-17.
City of Lackawanna Department of Development. (2019, June 18). Letter to: John Cappellino.
City of Lackwanna Department of Development. (2018). Local Waterfront Revitilization Plan City Code Amendments.
Moore, M. F. (2017, June 28). Letter To Thomas H. Forbes, P.E.
New York State Department of Environmental Conservation. (2019). DEP-00-2 / Assessing and Mitigating Visual and Aesthetic Impacts.
References 6-1 References Draft Generic Environmental Impact Statement City of Lackawanna Infrastructure Master Plan for ILDC Advanced Manufacturing Park Erie County, New York
Palumbo, G., & Raby, T. (2018, October 11). Memo to John Cappellino Re: Bethlehem Steel Master Plan/GEIS.
TurnKey Environmental Restoration, LLC. (2007). Remedial Investigation Report Phase I Business Park Lackawanna, New York.
TurnKey Environmental Restoration, LLC. (2017). Site Management Plan, Brownfield Cleanup Program, Tecumseh Phase 1 Business Park.
TVGA Consultants; Urban Strategies, Inc.; HR&A. (2012). First Ward Brownfield Opportunity Area - Step 2 Nomination.
United States Census Bureau. (2020, January). Lackwanna City, New York. Retrieved from American Fact Finder: https://factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml
United States Department of Agriculture, Natural Resources Conservation Service. (2020). Web Soil Survey. Retrieved from Web Soil Survey: https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm
Watts Architecture & Engineering. (2019). Traffic Impact Study for the Bethlehem Steel Redevelopment Area.
References 6-2 References