Town of Middleburgh New Ambulance Building and Shelter Environmental Assessment New York Governor’s Office of Storm Recovery March 4, 2016 Revised March 21, 2016 GOSR Environmental Review Record Town of Middleburgh New Ambulance Building and Shelter, Middleburgh, NY Page 2 of 25 New Ambulance Building and Shelter Environmental Assessment March 4, 2016 Revised March 21, 2016 Project Name: New Ambulance Building and Shelter Project Location: Adjacent to existing Town of Middleburgh Department of Public Works property located at 143 Cotton Hill Road, Middleburgh, Schoharie County, NY 12122 Federal Agency: U.S. Department of Housing and Urban Development Responsible Entity: New York State Homes and Community Renewal Responsible Agency’s Thomas J. King, Assistant General Counsel and Certifying Officer Certifying Officer: Project Sponsor: Town of Middleburgh Primary Contact: Pete Coppolo, Town Supervisor, Town of Middleburgh, P.O. Box 946, Middleburgh, NY 12122, (518) 410-5538, [email protected]. Project NEPA Classification: 24 CFR 58.36 (Environmental Assessment) Environmental Finding: Finding of No Significant Impact - The project will not result in a significant impact on the quality of the human environment. Finding of Significant Impact - The project may significantly affect the quality of the human environment. Certification The undersigned hereby certifies that New York State Homes and Community Renewal has conducted an environmental review of the project identified above and prepared the attached environmental review record in compliance with all applicable provisions of the National Environmental Policy Act of 1969, as amended (42 USC Sec. 4321 et seq.) and its implementing regulations at 24 CFR Part 58. Signature Thomas J. King, Assistant General Counsel and Certifying Officer Environmental Review Prepared By: AKRF, Inc. 34 South Broadway, Suite 401 White Plains, NY 10601 GOSR Environmental Review Record Town of Middleburgh New Ambulance Building and Shelter, Middleburgh, NY Page 3 of 25 CERTIFICATION OF NEPA CLASSIFICATION It is the finding of the New York State Housing Trust Fund Corporation that the activities proposed in its 2016 NYS CDBG-DR project, Town of Middleburgh New Ambulance Building and Shelter: Check the applicable classification. Exempt as defined in 24 CFR 58.34 (a). Categorically Excluded as defined in 24 CFR 58.35(b). Categorically Excluded as defined in 24 CFR 58.35(a) and no activities are affected by federal environmental statues and executive orders [i.e., exempt under 58.34(a)(12)]. Categorically Excluded as defined in 24 CFR 58.35(a) and some activities are affected by federal environmental statues and executive orders. “Other” neither exempt (24 CFR 58.34(a)) nor categorically excluded (24 CFR 58.35). Part or all of the project is located in an area identified as a floodplain or wetland. For projects located in a floodplain or wetland, evidence of compliance with Executive Orders 11988 and/or 11990 is required. For activities excluding those classified as “Other,” attached is the appropriate Classification Checklist (Exhibit 2-4) that identifies each activity and the corresponding citation. March 4, 2016 (Revised March 21, 2016) Signature of Certifying Officer Date Assistant General Counsel and Certifying Thomas J. King Officer Print Name Title GOSR Environmental Review Record Town of Middleburgh New Ambulance Building and Shelter, Middleburgh, NY Page 4 of 25 CERTIFICATION OF SEQRA CLASSIFICATION It is the finding of the New York State Housing Trust Fund Corporation that the activities proposed in its 2016 NYS CDBG-DR project, Town of Middleburgh New Ambulance Building and Shelter: Check the applicable classification: Type I Action (6NYCRR Section 617.4) Type II Action (6NYCRR Section 617.5) Unlisted Action (not Type I or Type II Action) Check if applicable: Environmental Impact Statement (EIS) Prepared Draft EIS Final EIS March 4, 2016 (Revised March 21, 2016) Signature of Certifying Officer Date Assistant General Counsel and Certifying Thomas J. King Officer Print Name Title GOSR Environmental Review Record Town of Middleburgh New Ambulance Building and Shelter, Middleburgh, NY Page 5 of 25 Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: The New Ambulance Building and Shelter (Proposed Project) would fund the construction of a new Emergency Medical Services (EMS) building for the Middleburgh Emergency Volunteer Ambulance Corps (MEVAC) and new emergency shelter near the existing EMS building located at 143 Cotton Hill Road, Middleburgh, Schoharie County, NY (see Figure 1, “Project Location” and Figure 2, “Project Site”). The Proposed Project involves the design and construction of an approximately 10,000 square foot building and associated 51 paved and 70 unpaved parking spaces to be used by the MEVAC and the Town of Middleburgh (see Figure 3, “Proposed Site Plan”). The building will be constructed near the existing Department of Public Works (DPW) building on property owned or to be acquired by the Town of Middleburgh off Cotton Hill Road. The project will also include the construction of a separate driveway for the ambulance vehicles, to reduce traffic congestion between DPW and EMS vehicles. The Proposed Project would address needs related to flooding and resiliency as a result of Hurricane Irene. The new EMS building and emergency shelter will have an approximately 10,000 square-foot footprint with a foundation/slab depth of excavation of approximately 6 feet. The driveway and parking lot will have a footprint totaling approximately 48,000-square-foot footprint and will have a depth of excavation of approximately 3 to 4 feet. The total disturbance area for the Proposed Project would be 150,080 square feet. Statement of Purpose and Need for the Proposal [40 CFR 1508.9(b)]: The Town of Middleburgh emergency response efforts during Hurricane Irene and Tropical Storm Lee were hindered by several factors. Response times were hindered by the lack of operating space and the congestion of the single shared driveway between the DPW and EMS workers. The Proposed Project will reduce response times by addressing the current lack of sufficient EMS operating space and by providing a separate driveway. In addition, the existing emergency shelter located at the Middleburgh Elementary School was inaccessible due to flooding of Gorge Creek during Hurricane Irene. The Proposed Project will improve availability of emergency shelter space during floods because the new facility will be located on a hill outside the 100-year and 500-year floodplain (see Figure 4, “Floodplain”). The new emergency shelter would provide adequate space to house 100 displaced people. The new shelter is within one mile of the previous shelter. The Proposed Project would be consistent with the objectives outlined in the Comprehensive Plan for the Town and Village of Middleburgh (MCPC 1999). Objectives in the plan include improving flood response and ensuring the sufficiency of fire and EMS staffing and equipment. Existing Conditions and Trends [24 CFR 58.40(a)]: The Proposed Project is located in Middleburgh, Schoharie County. Middleburgh is within the southern portion of the county, at the northern end of the Catskill Mountains. The Town of Middleburgh falls within the New York State-designated Mohawk Valley Heritage Corridor. The GOSR Environmental Review Record Town of Middleburgh New Ambulance Building and Shelter, Middleburgh, NY Page 6 of 25 Town of Middleburgh is located within the Schoharie Creek Drainage Basin. The current land uses on the approximately 8-acre Project Site include previously disturbed forest, mowed field, and the existing DPW building. The irregularly shaped site is bound by private residences to the south, east, southwest, and northeast. Stony Creek comprises the northwest boundary; to the southeast the site is bound by a private residence and Cotton Hill Road on the southeast side. The county soil survey shows that the Site contains soils that have been classified as Holly and Papating silt loam (Ha), Bath and Lackawanna soils (MdF), Schoharie and Hudson silty clay loams (SnD3), and Tunkhannock and Chanengo gravelly loams (TcC). MdF, SnD3, and TcC are listed as nonhydric, while Ha is listed as predominantly hydric. No on-site wetlands were identified during the wetland field screening effort of the Project Site (see Appendix D). Stony Creek is classified as a NYSDEC Class C stream and was determined to be perennial. This stream flows along the northwestern border of the site. Substrate in the stream consists of cobble, gravel, sand, and silt. Bank stabilization efforts have been conducted along the stream. A man-made ditch is present near the northern portion of the property, along the paved asphalt area. This feature lacked continuous bed and bank features indicative of a stream, and contained upland vegetation in the areas not recently disturbed. Stony Creek is a tributary to Schoharie Creek. Gorge Creek (located just north of the existing shelter at the Middleburgh Elementary School) joins Stony Creek just upstream of the confluence of Stony Creek with Schoharie Creek. None of these creeks are listed on the New York State Department of Environmental Conservation Wild, Scenic, and Recreational Rivers list (NYSDEC 2015) or on the Nationwide Rivers Inventory (NPS 2011). Land use surrounding the Proposed Project Site is primarily residential and undeveloped forested areas. All grading and uses associated with the Proposed Project would be located outside of the 100-year floodplain. The site does not contain and is not immediately adjacent to any NWI wetlands or NYSDEC tidal or freshwater wetlands (see Figure 5, “NWI Wetlands,” and Figure 6, “NYSDEC Wetlands”). Funding Information Estimated Total HUD Funded Amount: $2,500,000 Estimated Total Project Cost(HUD and non-HUD funds) [24 CFR 58.32(d)]: $2,500,000 GOSR Environmental Review Record Town of Middleburgh New Ambulance Building and Shelter, Middleburgh, NY Page 7 of 25 Compliance with 24 CFR 58.5 and 58.6 Laws and Authorities Record below the compliance or conformance determinations for each statute, executive order, or regulation. Provide credible, traceable, and supportive source documentation for each authority. Where applicable, complete the necessary reviews or consultations and obtain or note applicable permits of approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional documentation as appropriate. Are formal Compliance Factors: Statutes, compliance Executive Orders, and Regulations steps or Compliance determinations listed at 24 CFR §58.5 and §58.6 mitigation required? STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 and 58.6 Not applicable. Based on guidance provided by HUD in Fact Sheet #D1, the National Plan of Integrated Airport Systems was reviewed for civilian, Airport Hazards Yes No commercial service airports within the vicinity of the 24 CFR Part 51 Subpart D Project Site. No known civil airports are located within 2,500 feet and no known military airports are located within 15,000 feet of the Project Site. Not applicable. According to the Coastal Barrier Coastal Barrier Resources Resource System maps, the Proposed Project is not Coastal Barrier Resources Act, as Yes No located in a Coastal Barrier Resource System. amended by the Coastal Barrier Therefore, the Proposed Project would have no Improvement Act of 1990 [16 USC impact on any Coastal Barrier Resources. 3501] http://www.fws.gov/cbra/Maps/index.html Flood Insurance All uses associated with the Proposed Project would Flood Disaster Protection Act of 1973 be located outside of the 100-year and 500-year Yes No and National Flood Insurance Reform floodplains (see Figures 4 and 5). Therefore, the Act of 1994 [42 USC 4001-4128 and 42 Proposed Project would not require flood insurance. USC 5154a] https://msc.fema.gov/portal GOSR Environmental Review Record Town of Middleburgh New Ambulance Building and Shelter, Middleburgh, NY Page 8 of 25 STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.5 Schoharie County is not within the most recent Nonattainment Areas for Criteria Pollutants as defined by the EPA’s Green Book for Nonattainment Areas for Criteria Pollutants. The Proposed Project involves the construction of a new 10,000 square foot EMS building with an attached emergency shelter, with a new driveway and parking area. Construction activities associated with Clean Air the Proposed Project may result in temporary Clean Air Act, as amended, particularly Yes No increases in emissions from on-site equipment, section 176(c) & (d); 40 CFR Parts 6, 51, construction-related vehicles and non-road engines, 93 and fugitive dust. However, all activities under the Proposed Project would comply with applicable federal, state, and local laws and regulations regarding construction emissions. No significant adverse impacts to air quality would occur. http://www.epa.gov/airquality/greenbook/ http://www.epa.gov/airquality/greenbook/adden.htm l Not applicable. State agencies must complete a Coastal Assessment Form (CAF) as soon as the agency contemplates an action that may affect the policies for the coastal area or of an approved LWRP. The Project Site is not located within the boundaries of the New York State Coastal Area Boundary, within an adopted LWRP, or within the vicinity of a NYS designated Inland Waterway. Coastal Zone Management The Town of Middleburgh is a not within a New York Yes No Coastal Zone Management Act, State Department of State (NYSDEC) Certified Coastal sections 307(c) & (d) Erosion Hazard Area (CEHA) Community. http://www.dos.ny.gov/opd/atlas/ http://appext20.dos.ny.gov/coastal_map_public/map. aspx http://www.dos.ny.gov/opd/programs/pdfs/Waterwa ys_List_08-14.pdf http://www.dec.ny.gov/lands/86552.html The Project Site is not listed on a U.S. Environmental Protection Agency (EPA) Superfund National Priorities Contamination and Toxic Substances Yes No or CERCLA List, or equivalent State list, is not located 24 CFR Part 50.3(i) & 58.5(i)(2) within 3,000 feet of a toxic or solid waste landfill site, and is not known or suspected to be contaminated by GOSR Environmental Review Record Town of Middleburgh New Ambulance Building and Shelter, Middleburgh, NY Page 9 of 25 toxic chemicals or radioactive materials. A review of the NYSDEC Spill Incident Database did not indicate any spills within the vicinity of the Project Site within the last year. The Proposed Project would not result in any significant adverse impacts related to toxic, hazardous, or radioactive materials. http://nepassisttool.epa.gov/nepassist/entry.aspx http://www.dec.ny.gov/cfmx/extapps/derexternal/in dex.cfm?pageid=2 There is one federally listed threatened or endangered species, northern long-eared bat(NLEB), known to occur in Schoharie County. The Project Site, which consists of further development on previously developed land, is not anticipated to include habitat for these species in its footprint. The Proposed Project is not expected to include the removal of mature trees that would provide roosting habitat for the Northern Long-Eared Bat. Should any removal of trees be Endangered Species Yes No required, to the extent feasible the tree removal Endangered Species Act of 1973, would comply with the Northern Long-Eared Bat particularly section 7; 50 CFR Part 402 Interim 4(d) Rule by: (ii) Activity avoids cutting or destroying known, occupied roost trees during the pup season (June 1–July 31). A letter requesting informal consultation was sent to USFWS on October 23, 2015. USFWS, in a response letter dated November 9, 2015, determined that the Proposed Project may affect, but is not likely to adversely affect the NLEB. (See Appendix B). This criterion is applicable to HUD-assisted projects that involve new residential construction, conversion of non-residential buildings to residential use, rehabilitation of residential properties that increase Explosive and Flammable Hazards Yes No the number of units, or restoration of abandoned 24 CFR Part 51 Subpart C properties to habitable condition. As the Proposed Project is limited to the construction of a non- residential 10,000 square foot EMS building and emergency shelter the criterion does not apply. There are four New York State agricultural districts Farmlands Protection within Schoharie County; however, the Project Site is Farmland Protection Policy Act of Yes No not located within an agricultural district. The 1981, particularly sections 1504(b) and Proposed Project would not cause disturbance to 1541; 7 CFR Part 658 Prime, Unique, or Statewide Important Farmland and would not involve the conversion of farmland to non- GOSR Environmental Review Record Town of Middleburgh New Ambulance Building and Shelter, Middleburgh, NY Page 10 of 25 agricultural use. Therefore, the Proposed Project would not violate the Farmland Protection Policy Act. http://www.agriculture.ny.gov/ap/agservices/agricult ural-districts.html http://websoilsurvey.sc.egov.usda.gov/app/WebSoilS urvey.aspx The Proposed Project is not located within a Special Flood Hazard Area, and all structures would be located outside of both the 100-year and 500-year floodplain. All grading, parking, and stormwater management facilities would be located outside of the Floodplain Management Yes No 100-year floodplain. Minor grading activities and Executive Order 11988, particularly pervious improvements may occur within the 500- section 2(a); 24 CFR Part 55 year floodplain. Therefore, the Proposed Project would not have any impacts on flood management. (See Figures 4 and 5) https://msc.fema.gov/portal There are no historic properties on the Project Site as indicated by the National and State Registers of Historic Places. The Upper Middleburgh Cemetery is listed on the National Register; however, this site is not substantially contiguous to the Project Site. The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) was consulted and provided the opinion that there will be no historic Historic Preservation properties affected by the Proposed Project. (See National Historic Preservation Act of letter from OPRHP dated September 14, 2015 in 1966, particularly sections 106 and Yes No Appendix B). 110; 36 CFR Part 800; Tribal The HUD Tribal Directory Assessment Tool (TDAT) notification for new ground Version 2.0 was reviewed and the Saint Regis Mohawk disturbance. Tribe was identified by HUD as having tribal interests in Schoharie County. Tribal notification was conducted, however no response was received. http://www.nationalregisterofhistoricplaces.com/ny/s choharie/state.html http://parks.ny.gov/shpo/online-tools/ http://egis.hud.gov/tdat/Tribal.aspx The Proposed Project involves the construction of a Noise Abatement and Control new EMS building and emergency shelter, along with Noise Control Act of 1972, as amended Yes No a new driveway. The Proposed Project is not a noise by the Quiet Communities Act of 1978; sensitive use, and furthermore, the policies of 24 CFR 24 CFR Part 51 Subpart B 51.101(a)(3) do not apply to any action or emergency