FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT NIAGARA COUNTY SHOVEL READY PROJECT DATE: August 30, 2011 LOCATION: Lockport Road Town of Cambria Niagara County, New York LEAD AGENCY: Town of Cambria Town Board 4160 Upper Mountain Road Sanborn, Niagara County, New York 14132 STATEMENT PREPARED BY: Wendel Duchscherer 140 John James Audubon Parkway, Suite 201 Amherst, NY 14228 (716) 688-0766 Date of Acceptance of the Draft Generic Environmental Impact Statement: July 21, 2011 Date of Public Hear on Draft Generic Environmental Impact Statement: August 11, 2011 Deadline for Submission of Comments: August 21, 2011 Date of Acceptance of the Final Generic Environmental Impact Statement: September 15, 2011 Final Generic Environmental Impact Statement Niagara County Shovel Ready Project TABLE OF CONTENTS 1. Introduction ..............................................................................................................1 2. Summary of the Draft Generic Environmental Impact Statement ...........................3 3. Project Changes Since the Publication of the DGEIS/Changes to the DGEIS ........8 4. Responses to Comments ..........................................................................................9 MAPS AND FIGURES Map 1 – Site Location Map 3 – PD Zoning Plan (amended) APPENDICES Appendix A: SEQR Documentation from DGEIS (see DGEIS) • Resolution: Seeking Lead Agency Status/ Conducting a Coordinated Review • Request for Lead Agency Status Mailing (includes Environmental Assessment Form: Part 1) • Positive Declaration • Resolution: Accepting SEQR Lead Agency / Positive Declaration • Correspondence from New York State Department of Environmental Conservation concurring that the Town of Cambria Town Board should act as SEQR Lead Agency Appendix B: Additional SEQR Documentation • Notice of Completion: Draft Generic Environmental Impact Statement • Comment Letter: New York State Department of Environmental Conservation on DGEIS • Public Hearing Notice Appendix C: • Public Hearing Minutes Appendix D: Additional Studies • Phase I Archaeological Investigation Report • Phase I Environmental Site Assessment • Threatened and Endangered Species Report • Notice of Intent and Certification Letter to NYS Dept of Agriculture and Markets i Final Generic Environmental Impact Statement Niagara County Shovel Ready Project Appendix E: • Stormwater Pollution Prevention Plan (SWPPP) Appendix F: • DGEIS Executive Summary ii Final Generic Environmental Impact Statement Niagara County Shovel Ready Project 1. INTRODUCTION This Final Generic Environmental Impact Statement (FGEIS) is prepared pursuant to the New York State Environmental Quality Review Act (SEQRA), Article 8 of the New York Environmental Conservation Law, and its implementing regulations, 6 NYCRR Part 617. It has been prepared on behalf of the Town of Cambria Town Board, acting as Lead Agency, in relation to the environmental review of the proposed Niagara County Shovel Ready. The proposed action involves the rezoning and environmental assessment of approximately 152 acres of land situated north of Lockport Road, in the Town of Cambria, Niagara County, New York, to achieve pre-approved, shovel ready certification for the subject property under the Build Now-NY Program initiative. The objective is to qualify the property under the high technology- manufacturing site development profile, as set forth under this program. Shovel ready certification is an ongoing component of the Build Now-NY program that gives official recognition to sites that have completed intensive state and local government review necessary to accelerate future investment and development, and are prepared to offer businesses the opportunity to break ground on a new facility in a greatly expedited process. The proposed action includes rezoning of the approximately 152 - acre subject property from A-R (Agricultural Residential) and B-2 (General Business) to P-D (Planned Development). Rezoning approval comes from the Town of Cambria Town Board (with a recommendation from the Town Planning Board). The P-D zoning will enable flexibility for the potential development of high technology commercial and manufacturing uses, along with associated parking and site amenities. The subject property is comprised of five tax parcels identified as follows (Map 1): Parcel No. Tax Parcel No. Size (acres) Ownership 1 Part of 121.00 - 1 - 23.111 56.6 Donald Walck 2 121.00 - 2 - 50.11 37.7 Joseph Ohol 3 Part of 121.00 - 2 - 19.111 28.5 George and John Wasik 4 Part of 121.00 - 2 - 47 27.7 Joseph Ohol 5 Part of 121.00 - 2 - 48.111 1.5 George and John Wasik Total 152.0 Parcel 1 has 2,560 linear feet of frontage along Lockport Road; the remaining properties are situated north and northeast of Parcel 1 and Lockport Road (with no roadway frontage). 1 CD31 NIAGARA COUNTY Saunders Settlement Rd Shovel Ready Project TOWN OF CAMBRIA - NEW YORK SITE LOCATION 4 5 Wasik, George & John Somerset C 1.5 acres Newfane Wilson C C Porter Hartland Lewiston Cambria Lockport Royalton Niagara Wheatfield Pendleton North Tonawanda (City) 2 Ohol, Joseph NIAGARA COUNTY - NEW YORK Town of Cambria 37.7 acres NOT DRAWN TO SCALE 3 4 Wasik, George & John Ohol, Joseph 28.5 acres 27.7 acres LEGEND Municipal Boundary Parcel Boundary (2010) Hydrography Project Site 0 100 200 400 Feet Comstock Rd 1 Walck, Donald 56.6 acres C Lockport Rd CD270 WD Project # 324817 Campbell Blvd Town of Pendleton Map Created: August, 2011 Wendel Duchscherer Architects & Engineers, P.C. shall assume no liability for 1. Any errors, omissions, or inaccuracies in the information provided regardless of how caused or; 2. Any decision or action taken or not taken by the reader in reliance upon any information or data furnished hereunder. Data Sources: NYS GIS Clearinghouse, Niagara County Real Property Services, National Hydrology Dataset, 2008 Digital Orthoimagery Final Generic Environmental Impact Statement Niagara County Shovel Ready Project The proposed action would involve future development on the 56.6-acre property that fronts along Lockport Road (Parcel 1) and 95.4-acre site located to the north (Parcels 2, 3, 4 and 5). Parcel 1 offers approximately 47 acres of developable area. Development on the northerly parcels could involve the use of Parcels 2, 3 and 4, with an estimated developable area of approximately 85 acres. The preferred concept for future development includes an approximate 38-acre open space / agricultural area, west of the intermittent stream in the vicinity of Parcel 2. This concept for future development could reduce the need for expanded infrastructure (paved surfaces and utilities), preserve open space and allow for continued agricultural uses on a portion of the property. The Town of Cambria conducted a Coordinated Review under SEQR and established itself as Lead Agency on April 14, 2011. On the same date, the Cambria Town Board determined that the project had potential to result in adverse environmental impacts and issued a Positive Declaration, directing that a Generic Environmental Impact Statement be prepared to assess those potential impacts. The notification of the Positive Declaration was posted in the Environmental Notice Bulletin on May 17, 2011. A Public Scoping Session to identify the issues to be addressed in the DGEIS was held on April 28, 2011 (relevant SEQR documentation is included in Appendix A). Wendel Duchscherer, on behalf of the Lead Agency, the Town of Cambria, prepared a Draft Generic Environmental Impact Statement (DGEIS). The DGEIS was accepted as complete and ready public review by the Cambria Town Board on July 21, 2011. Copies of the DGEIS were provided to Involved and Interested agencies, and made available to the public at Town Hall and on the Town’s website. The Notice of Completion of the DGEIS and the Notice of Public Hearing on the DGEIS were posted in the Environmental Notice Bulletin on August 1, 2011. A Public Hearing on the DGEIS was held on August 11, 2011 in the Cambria Town Hall to obtain comments from the public (see Transcript in Appendix C). Only one person provided comments or questions at the public hearing. Written comments were accepted until August 21, 2011. The NYS Department of Environmental Conservation provided written comments on August 19, 2011 (see Appendix B). Verbal discussions were held with Mr. Edward Rutkowski of the New York State Department of Transportation. The DOT had several comments on the document. The Cambria Planning Board and Town Board met and provided comments on the project. No written comments were received from the public. The Niagara County Planning Board met on August 15, 2011 and recommended approval for the rezoning of the subject property (no other comments were received from the County). The Draft GEIS for the Niagara County Shovel Ready Project is considered part of this FGEIS, as required in Section 617.9(b)(8) of the SEQR regulations. This FGEIS describes changes to the DGEIS and addresses all substantive issues raised on the DGEIS. 2 Final Generic Environmental Impact Statement Niagara County Shovel Ready Project 2. SUMMARY OF THE DGEIS As noted above, the DGEIS for the Niagara County Shovel Ready Project is considered part of the FGEIS, and it is hereby incorporated by reference, subject to the changes explicitly provided for in this FGEIS. The identified environmental impacts associated with the proposed development of the Project Site are summarized in the chart below and are discussed in detail in Section 4 of the DGEIS. Potential Environmental Impacts: Environmental Factor