Town of Middleburgh New Ambulance Building and Shelter Environmental Assessment New York ...

248 Pages·2016·12.06 MB·English

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, [phone], [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
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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
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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