SEQR RECORD OF DECISION - Government of New York



SEQR RECORD OF DECISION

NEW YORK STATE DEPARTMENT OF TRANSPORTATION

PROJECT IDENTIFICATION NO. 1807.01

Round Lake Bypass

Saratoga COUNTY

BACKGROUND:

This Record of Decision (ROD) documents the New York State Department of Transportation's (Department) decision to proceed with the proposed action described in the Final Environmental Impact Statement (FEIS) for the Round Lake Bypass project.

This ROD has been prepared in accordance with the State Environmental Quality Review Act (SEQRA), and the Department implementing regulations for SEQRA - 17NYCRR Part 15. The requirements of Section 8-0109 of the Environmental Conservation Law have been met.

The project is located in the Village of Round Lake and the Town of Malta, Saratoga County. It involves geometric improvements to Curry Road, Route 9 and Route 67, a new highway and a new bridge over the Ballston Creek. The project will accomplish the following objectives: remove through traffic from the developed Village of Round Lake; preserve the historic district within the developed Village of Round Lake; improve the connection between Interstate (I-87) and US Route 9 for event and incident management; and, improve the quality of life within the developed Village of Round Lake.

A Feasibility Study for a Round Lake Bypass was completed in 2005. Numerous alternative alignments were assessed to address the construction of a new road to bypass the Village of Round Lake. The results of the many studies has culminated in the issuance of a Draft Environmental Impact Statement (DEIS) and a FEIS. The EIS phase focused on two primary build alternates and compared them with the no-build alternative.

DECISION:

The Alternative selected in this ROD for a bypass of the Village of Round Lake is Alternative J. This alternative, along with the others considered in the development of the environmental impact statement are fully described in Chapter III of the FEIS. The FEIS was approved on December 6, 2006 by the Department. The notice of availability was filed on December 13, 2006 as required by SEQRA - 17NYCRR Part 15.

This alternative will be designed to meet the established transportation objectives to the maximum extent possible, while considering the local use and aesthetic needs along with the balancing of social, economic and environmental impacts. The existing State Highway through the Village of Round Lake has non-standard features, which cannot be corrected to meet the required needs without major, negative impacts to a long- established historic district. The only reasonable and feasible alternative which accomplishes the project objectives is to construct a new road on a new alignment.

ALTERNATIVES CONSIDERED:

Thirteen alternatives were evaluated as part of a feasibility study completed in 2004.Three alternatives were chosen to be carried through the project environmental process: No-Build Alternative, Alternative H1 and Alternative J. A full description of each alternative is described in Section III of the FEIS. Several other alternatives were proposed by others during public reviews, but dismissed as not meeting the established project objectives, or having impacts greater than those emanating from the feasibility study.

No-Build Alternative

The No-Build Alternative provides only for continued maintenance of the existing facility, resulting in an increased amount of maintenance, time and money required to keep the facility operational for continuing growth of through traffic. This alternative does not adequately address any of the project objectives.

Build Alternative H1

Alternative H1 consists of the construction of the Bypass road on a new alignment as a Minor Arterial. The overall length of the alignment (from the intersection with Curry Avenue to the US Route 9/NY Route 67 intersection) is approximately 2.13 km (1.3 miles). The Bypass Road would be a without-access facility for its entire length due to its proposed use as a bypass and to ensure that the construction of the roadway does not spur future development.

The alternative is proposed to begin at a new single lane roundabout at its intersection with Curry Avenue and end in a new two-lane roundabout at its intersection with US Route 9 and NY Route 67. The roadway would consist of two travel lanes, shoulders and associated drainage for storm waters. A new 643 foot, curved girder bridge structure would be constructed to span the Ballston Creek.

This alternative meets the established project objectives.

Build Alternative J

Alternative J consists of the construction of the Bypass road on a new alignment as a Minor Arterial. The overall length of the alignment (from the intersection with Curry Avenue to the US Route 9/NY Route 67 intersection) is approximately 2.52 km (1.6 miles). The Bypass Road would be a without-access facility for its entire length due to its proposed use as a bypass and to ensure that the construction of the roadway does not spur future adjacent land use development.

The alternative is proposed to begin at a new single lane roundabout at its intersection with Curry Avenue and end in a new two-lane roundabout at its intersection with US Route 9 and NY Route 67.

The roadway would consist of two travel lanes, shoulders and associated storm water drainage. A new structure, 636 feet long, is required for the Round Lake Bypass to span the Ballston Creek.

This alternative meets the established project objectives.

The Department has found:

1. that, consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the action is the alternative that minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the EIS; and,

2. that, consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the EIS process will be minimized or avoided.

IMPORTANT FACTORS IN THE DECISION MAKING PROCESS:

Alternative J has reduced environmental and social impacts in comparison to Alternative H1. Specific considerations supporting the selection of Alternative J are:

1. Impacts to Environmentally Sensitive Areas

Alternative J will impact 4.17 acres of wetlands while Alternative H1 will impact 5.8 acres of wetlands under State and federal jurisdiction or regulatory control.

2. Impacts to Residences (e.g. noise)

Alternative J is 495 feet from the nearest existing residence while Alternative H1 is 320 feet from the nearest existing residence. Based on the noise analyses conducted, Alternative J has less impact on noise levels at proximate residences.

3. Visual Impacts

As stated above, Alternative J is 495 feet from the nearest existing residence while Alternative H1 is 320 feet from the nearest existing residence. Alternative J is not expected to be visible from existing residences while Alternative H1 is expected to be visible.

4. Right of Requirements

Alternative J will affect fewer property owners than would Alternative H1, with the total acreage to be acquired about equal between the two alternatives.

MEasURES TO MINIMIZE HARM:

Surface Water Quality - The project is not in a designated urbanized area regulated under SPDES. However, the Preferred Alternative will involve the disturbance of greater than 1 acre of land; therefore, a General Permit for Construction Activity (GP-02-01) will be required for the construction phase. Under this permit, a full Stormwater Pollution Prevention Plan (SWPPP) will be developed during final design. Upon approval of the SWPPP, a Notice of Intent will be submitted and subsequently, implementation of the SWPPP can begin. Every effort will be made to ensure that the SWPPP conforms to New York State Department of Environmental Conservation’s (NYSDEC) recommended standards. If the standards cannot be met, additional review of the SWPPP will be necessary. The Preferred Alternative drainage will be designed utilizing Best Management Practices (BMPs) including the use of ditches along the road rather than a closed drainage system.

The impacts to the three unnamed streams and Ballston Creek will be short-term impacts. The impacts will result from the construction of the road, culverts and bridge. In addition to the temporary disturbance and the installation of the culverts to cross the streams, some removal of vegetation will occur immediately adjacent to the roadway and along the watercourses. Approximately 200 linear feet will be cleared for the installation of the roadway and associated grading along each of the tributaries. The unnamed tributaries are located primarily in wooded areas. The cleared areas around the tributaries will expose them to some thermal impacts; however, the relatively small area of exposure and the surrounding wooded areas will minimize any adverse impacts from the proposed road construction and associated clearing. It is not anticipated that the project will remove a significant amount of cover as to allow for abnormal warming of surface waters to change the habitat of amphibian or fisheries in the proposed roadway corridor.

Wetlands - The Preferred Alternative will impact approximately 4.17 acres of state and federal jurisdictional wetlands (state and federal jurisdictional wetland boundaries are concurrent). These impacts will be mitigated by providing wetland and woodland habitat replacement at several locations in the immediate project area and one location outside of the immediate project area but within the same watershed. A total wetland mitigation of approximately 2:1 (created: impacted) will be pursued. (The temporarily impacted wetlands (federal and state) were not considered in the mitigation ratios.) These wetlands may potentially be initially disturbed, but no grading will occur in the area. Once construction is complete, these areas will be restored to their near original condition and seeded with native wetland plant species. Therefore, these wetlands will only be impacted in the short term. While every attempt will be made to minimize clearing beyond the limits of grading, some clearing will occur for access to the drainage ditches and slopes for grading, seeding and for the installation of erosion controls beyond the grading limits.

All plantings within the mitigation areas will be native non-invasive species. The mitigation areas will be constructed as approximately 75% forest, 20% forest/scrub/shrub and 5% emergent. The proposed mitigation sites will rely primarily on groundwater to maintain their hydrologic regime. The wetlands mitigation will include flood conveyance, flood storage, sediment control, wildlife habitat, and water quality improvements. Maintenance, monitoring and a contingency plan will be included as part of the mitigation. The mitigation areas will owned by the Department in perpetuity.

Permit applications have been completed and submitted to the United States Army Corps of Engineers (USACOE) and the NYSDEC.

Floodplains – Actions funded from State sources must be evaluated and constructed in compliance with the requirements of 6 NYCRR Part 502 Flood Plain Management. Alternative J will impact 0.26 acres (2%) of the 12 acre flood plain for the unnamed tributary to Round Lake. In addition, Alternative J will impact 1.2 acres of the Ballston Creek flood plain, which encompasses 17 acres downstream of the proposed new roadway. These impacts will be mitigated through the installation of a culvert at the unnamed tributary and a bridge at Ballston Creek to allow the 100-year storm event to pass under the roadway. Alternative J will require more fill than cut within the flood plain, resulting in minimal filling of approximately 0.2-acre ft of flood plain. This impact is considered minimal and no mitigation is proposed.

Water Source Quality - The project area is not located within a federally designated Sole Source Aquifer or a State designated Principal Aquifer as identified by Kantrowitz and Snavely (1982). The existing water body in the project area is the Ballston Creek.

Fish and Wildlife - The proposed roadway corridor is located in an area that consists of mature forest with some farmland and residences. Vegetation in the proposed roadway corridor consists mainly of mature, forested areas.

The unnamed tributaries flow to the east and Ballston Creek flows southeasterly into Round Lake. Round Lake is located to the east of the proposed roadway corridor. Wildlife within these riparian systems is comprised of a variety of waterfowl, including great blue heron, amphibians (frogs and salamanders) and fish.

The project was evaluated during the Feasibility Study to assess the impact of the construction on various species within the proposed roadway corridor such as deer, migratory birds, birds of prey, passerines, amphibians, and fish. Since the project will cross several drainage features within the corridor, culverts will be required to avoid altering the hydraulic characteristics of the area. If possible, these culverts will be designed in accordance with the United States Department of Interior Fish and Wildlife Service (USFWS) guidelines for animal passage through highway corridors.

The NYSDEC Breeding Bird Atlas for 2000-2005 lists 64 species of bird that may be in the area of the proposed Round Lake Bypass. Of those species listed, 9 were possible, 28 were probable and 27 were confirmed in the area during breeding season. Of the species identified, one is listed as threatened and two are listed as species of special concern. The Least Bittern is the species listed as threatened. This species is listed as only a possible nesting bird and is generally located along freshwater marshes, swamps, bogs and marshy edges of lakes and rivers. Alternative J is not anticipated to affect the Least Bittern as the alternatives will only impact marshy areas in the vicinity of Ballston Creek and those impacts will be temporary. The remaining wetlands impacts are mostly wooded wetlands which are not part of the Least Bittern’s habitat. The species of special concern include the Cooper’s Hawk and the Sharp-shinned Hawk. These birds are not recognized as endangered or threatened, but documented evidence exists relating to their continued welfare in New York State. The Special Concern category exists within DEC rules and regulations, but such designation does not in itself provide any additional protection.

Impacts to migratory birds and birds of prey will not be such that the birds will vacate the area. The majority of the proposed roadway corridor consists of approximately 400 acres of wooded uplands and wooded wetlands. It is anticipated that approximately 30 acres of the project area will be cleared for the proposed roadway construction. The migratory bird habitat will not be significantly altered to impede nesting or natural movements of the populations.

Additionally, as discussed in the surface water section, the project will not remove a significant amount of cover as to allow for abnormal warming of surface waters to change the habitat of amphibian or fisheries in the project area.

Endangered Species - The USFWS indicated that there is the potential for the presence of the Karner Blue Butterfly (Lycaeides melissa samuelis) and the Indiana Bat (Myotis sodalist), which are listed as endangered by the USFWS. The USFWS also stated that the project area is approximately 21 miles from an Indiana Bat hibernaculum and they would be in such small numbers, it is unlikely they would be present and impacted by the project.

The USFWS did request that an evaluation of the existing habitat at the project site and its ability to support the butterfly be completed. The Karner Blue Butterfly is restricted to dry sandy areas with open woods and clearings supporting wild blue lupine. An initial site assessment was completed in April 2006, which concluded that there were two small potential sites which could possibly support the butterfly. The USFWS recommended that a site survey for the butterfly be conducted. The survey was conducted in June 2006. No evidence of wild blue lupine or Karner Blue Butterflies was found in the proposed roadway corridor. The results of the survey conducted were forwarded to the USFWS review. The USFWS responded that no further studies were needed in the project area.

The NYSDEC Natural Heritage Program and the NYSDEC Region 5 Division of Fish, Wildlife and Marine Resources were contacted regarding the presence of significant habitat areas and endangered and threatened species. The NYSDEC Natural Heritage Program responded that they have no records of known occurrences of rare or state-listed animals or plants, significant natural communities, or other significant habitats, on or in the immediate vicinity of the project site. Region 5 Division of Fish, Wildlife and Marine Resources office responded that they have no records of known occurrences of rare or state-listed animals or plants, of significant communities, and other significant habitats, noted in the project vicinity.

Historic and Cultural Resources - The project is subject to review under Section 106 of the National Historic Preservation Act due to the Federal agency permit required by the USACOE. In accordance with these regulations, Phase I and II Cultural Resources Surveys were conducted during the Feasibility Study to identify historic properties.

The Round Lake Historic District, listed on the National Register of Historic Places, is located in the Village of Round Lake, east of the proposed roadway corridor, outside the Area of Potential Effect (APE). The Cultural Resource Survey (CRS) identified one eligible property within the APE, the Starting Gate Cottages. The property is expected to have only minor visual impacts associated with the project, which are not expected to diminish the characteristics that qualify the property for listing on the National Register of Historic Places.

In addition to the cultural resources research, Phase 1 and 2 archeological surveys was conducted in the APE. During Phase 1B testing, 1,297 shovel test pits were excavated along the proposed roadway corridor. No prehistoric sites were identified within the proposed roadway corridor. One 19th century site (the Bend Site) was identified during the Phase 1 research and was shovel test pitted in 2004. Twenty test pits were excavated. In addition, twelve one-meter square test units were excavated in the area. It was concluded from the testing conducted that the portion of the Bend site within the proposed roadway corridor does not retain sufficient integrity to meet criterion to be eligible for the State and National Register of Historic Places. Due to the disturbance to the site and its limited research potential, no additional work was recommended.

A letter dated October 3, 2005 states that it is the opinion of the New York State Office of Parks, Recreation and Historic Preservation’s Historic Preservation Field Services Bureau that the proposed Round Lake Bypass project will have no adverse effect on cultural resources.

Visual Resources - The proposed roadway corridor is located in an area that is largely wooded with intermittent, rural residential properties. Vegetation in the proposed roadway corridor is a mixture of mature, forested areas and lightly wooded areas with low-lying brush immediately adjacent to the project site. Physical impact to the proposed roadway corridor will be minimized to the extent practicable to avoid disturbance and/or change to the character of the natural surroundings. Additionally, there are no identified natural landmarks within the proposed roadway corridor.

The proposed roadway corridor was analyzed for key views, which may be impacted by the project. It was determined that the proposed roadway will not be visible from the developed Village of Round Lake. The properties with potential views of the roadway generally consist of rural residences. This is a small area, generally located at the beginning and end of the roadway with only one residence located in the vicinity of the project along the central area of the alignment. Under Alternative J, this strip of paving which is potentially visible, will not impact the views afforded the residences along the southern end of the roadway and the Cronin property located centrally along the roadway, as it will be between 150 and 230 m (495 and 750 ft) from the properties.

The majority of the land surrounding the project is vacant land. This land includes upland forest, scrub/shrub areas, forested wetlands, scrub/shrub wetlands, and streams.

Two locations were identified which are considered sensitive viewpoints. These are the Zim Smith Trail and Saratoga PLAN Trail, and from the Northway where it crosses over the Ballston Creek. The trail view impact is considered to be similar to what current users of the trails experience crossing the Village of Round Lake, under the Northway, crossing East Line Road, crossing Route 67 and within sight of other locations (residences and commercial properties) along the trail’s path.

Views on Routes 9, 67 and Curry Avenue will be minimally affected. These roads only have intersections with the proposed Bypass Road and will not have long open areas where the new roadway will be able to be viewed. The views from I-87 will also be minimally impacted. No mitigation is proposed along the project corridor.

Farmland - The proposed road alignment under Alternative J is not located within an agricultural district. One of the proposed wetlands mitigation areas is located within the Saratoga County Agricultural District (Agricultural District #5). The proposed project land acquisition is below the acquisition thresholds, [less than 0.405 hectare (1 acre) from a single farm (0.25 ha or 0.62 ac from Roerig Farms, LLC, Tax Parcel # 240-3-4.1), and is less than 4.05 hectares (10 acres) from an identified agricultural district. This alternative is in compliance with the NYS Agriculture and Markets Law and did not require evaluation under Article 25 AA of the New York State Agriculture and Markets Law.

Air Quality - A mesoscale air quality analysis was performed for the proposed project. The analysis revealed that the total emission burden for Alternative J is greater than the No-Build alternative. This result is due to several factors including:

• the overall vehicle miles traveled for the prudent and feasible alternatives is greater than the No-Build condition;

• the emission rates for Nitrogen oxides (NOx) and carbon monoxide (CO) are higher for the vehicles diverted to the Bypass with speeds of 45-mph versus the initial travel path on Curry Avenue with speeds of 30-mph and

• the emission rates for Volatile Organic Compounds (VOC’s) are higher for the vehicles diverted to the Bypass with speeds of 45-mph versus the initial travel path on Route 9 with speeds of 55-mph.

As illustrated, the variations in emission rates are a result of changes in vehicle speeds on the different roadways. In summary, the 2028 emission rates for Alternative J were 6%, higher for NOx and CO and 4% higher for VOCs. The increase in emissions associated with this project is not expected to create a significant adverse impact on the surrounding environment. The emissions increase will not cause an exceeding of any National Ambient Air Quality Standard (NAAQS) or delay attainment of any NAAQS. This is documented in the EIS for this project. The EIS demonstrates that increased traffic levels, and the resulting increased carbon monoxide (CO) emissions, are still well below levels that would warrant a detailed analysis to determine whether future CO levels with the project threaten the CO NAAQS, even assuming worst-case traffic and meteorological conditions. Volatile organic compounds (VOCs) and nitrogen oxides (NOx) are precursor pollutants to ground level ozone. The project area is within the Albany-Schenectady-Troy ozone non-attainment area. This non-attainment area does not currently meet the NAAQS for ozone. The increased emissions of ozone precursors (VOCs and NOx) with this project are not expected to create new violations of the ozone NAAQS or delay timely implementation of the ozone standard. This is demonstrated through the recently completed transportation conformity determination for the non-attainment area. This determination (which is available from the NYSDOT Environmental Analysis Bureau or from the Capital District Transportation Committee) shows that with all major planned transportation projects, including the traffic increases associated with the Bypass project, all applicable requirements in the Clean Air Act are met. This determination shows progress in achieving attainment of the ozone standard by reducing overall emissions in the non-attainment area and this project, by its inclusion in the regional emissions analysis, is not expected to adversely affect that progress.

Noise Levels - Predicted future noise levels were calculated for the proposed alignment. Results indicated that one (1) location is expected to experience a noise impact for the Preferred Alternative. The noise impact occurs where the Zim Smith Trail crosses the proposed roadway. Noise abatement measures were investigated for this area of impact. No reasonable and feasible noise abatement measures were identified.

Energy - An energy analysis was conducted for the project using the procedures outlined in the Draft Energy Analysis Guidelines for Project-Level Analysis published by Department dated November 25, 2003. The purpose of the energy analysis was to determine the direct and indirect energy consumption associated with the No-Build Alternative and Alternatives H1 and J.

The results of the energy analysis indicate that the total BTU’s of energy consumed for the Alternative J exceeds the energy consumed for the No-Build condition in the 2028 design year. The direct energy calculations are slightly higher for the Preferred Alternative since the vehicle miles traveled (VMT) are higher due to the additional bypass roadway being constructed. The magnitude difference between the No-Build and Alternative J is less than 10%. This is because although there is a new roadway alignment, the existing traffic in the study area will utilize the bypass and no additional new traffic will be diverted to the area as a result of the project.

Similar to the energy analysis, the greenhouse gas emission values are higher in Alternative J as compared to the No-Build alternative. The greenhouse gas emissions are calculated based on the total direct and indirect energy found therefore, the analysis resulted in higher emissions for Alternative J for the same reasons discussed above. No mitigation was proposed as a result of the minimal energy impacts.

MONITORING OR ENFORCEMENT PROGRAM:

This project will be subject to further review by the USACOE and NYSDEC. Necessary permits will be obtained. The project will be constructed in accordance with the SWPPP prepared pursuant to SPDES General Permit for Construction Activity (GP-02-01). These reviews and permit process will ensure that mitigation measures related to waters of the United States, including wetlands, storm water management and erosion control are implemented.

COMMENTS AND RESPONSES ON THE FEIS:

Letter from the Sierra Club Hudson Mohawk Group

The Sierra Club comments are: 1) the Cumulative Impact/Segmentation section of the FEIS be redone to reflect coordination with the Luther Forest Tech Park development and other related plans; 2) the FEIS lacks consideration of other feasible alternatives; 3) the visual impacts section of the FEIS be redone.

The Club also asked for an extension of time to review the FEIS. This was not granted because the DEIS was circulated twice for public review and the comments submitted by the Club in their letter were not new or substantive and, further, were addressed in the FEIS.

RESPONSE:

It is noted here that the above comments are similar to other comments previously received in the DEIS reviews and addressed in the FEIS.

1. The project was coordinated with the Saratoga County Economic Development Corporation (SEDC) and its GEIS for the Luther Forest Technology Park (LFTP) and, further the Town of Malta and Village of Round Lake Comprehensive Plans. NYSDOT established independent transportation objectives for the Bypass and established logical termini for a project to meet those objectives and coordinate with future land use trends and plans for the Town and Village. The significance of impacts was determined sufficient to require a Type 1 action designation and preparation of an EIS.

In addition, the existing SEQRA record for the Luther Forest Technology Campus (LFTC) assessed both cumulative and growth inducing impacts associated with the proposed action. Construction and operation of the RLB was included in these assessments. 

2. The feasibility study for the Bypass evaluated 13 potential alternatives which would allow the project to meet the established transportation objectives and balance with potential impacts. The alternative conceptually presented in the Sierra Club letter was evaluated conceptually and found to have potential visual impacts and would have created the need for non-standard highway geometry jeopardizing safety considerations. Further, this routing would be longer, more circuitousness and potentially eliminate the time benefit of a Bypass, thus decreasing the potential use of it for that purpose.

3. Based on the proposed preferred alignment and its associated elevations and grading, the Department determined that there would be little if any impact to residence and I87 view-sheds. The stated impact that could be determined was to users of the Zim Smith and P.L.A.N. trails, but no different than that already experienced by trail users as they cross over and other highways in the immediate area.

The specific, more detailed responses to the issues raised in the Club’s letter can be found in the FEIS as follows:

1) Response can be found in the FEIS pages VII-128 #12, VII-135 #16, and VII-145 #11.

2) Response can be found in the FEIS pages V-II-127 #3 and V-II136 #19

3) Response can be found in the FEIS pages V-II 136 #18 and V-II 147 #16.

Letter from Mr. Scott Miller of 31 Brookline Road, Ballston Spa, NY 12020

Mr. Miller raised a number of comments and issues, including personal opinions in his letter. Most of these were previously provided by him during the DEIS review and at the three public hearings held for the project.

The substantive comments provided by Mr. Miller, in summary, include suggestions for a number of alternatives or studies of alternatives which would, in his opinion, compete with the alternatives chosen for analysis, visual resources, the use of ‘open’ space, trail accommodations for equestrians and snowmobiles, wildlife habitat and local planning considerations.

The alternatives suggested by Mr. Miller are not necessarily solutions to meeting the same objectives; and, incur costs well beyond the budget limitations set for the potential solution. His primary proposal is to provide a new east-west connector, a so- called Malta Bypass, to the north of the proposed Bypass roadway. This could presumably be combined with a new interchange with I87 which would allow for interstate traffic to bypass use of Exit 11 and alleviate the need for this project. This alternative would be much more expensive and a much longer term proposal to develop and would require special approvals from the Federal Highway Administration. Without the new interchange, traffic would not bypass the Village roads. Mr. Miller does not go into detail on providing the potential impacts of his proposal, particularly in terms of impacts to residential and commercial areas, noise, visual resources and other secondary impacts. Mr. Miller’s proposed alternative is not seen as a feasible alternative to develop further. His secondary proposal is to provide some extra level of traffic calming and use restrictions to Curry Road/George Avenue and other State and local highways. This proposal is incompatible with the Village Master Plan recommendations and could not successfully accommodate the traffic volumes projected in the Malta Town Plan GEIS. Further, the restrictions may be legally challenge-able and would meet with local resistance. This alternative is not deemed feasible.

Mr. Miller’s comments on visual resources essentially reflect those of the Sierra Club, so no further detailed response is deemed necessary. The Town of Malta identified one visual resource (view shed) from the I87 mainline southbound lanes. The project would have a minimal impact on that particular view shed because of the final elevations of the roadway and the extensive tree cover between the mainline and the proposed roadway.

The proposed alternative indeed passes through currently and largely vacant land areas, almost all of which are privately owned and zoned for some sort of development. Although, as Mr. Miller states, there is a desire to retain or preserve open space in this area, there are no specific plans or budgets that were identified to the Agency to purchase this property for preservation purposes. Clearly the roadway does create a visual disturbance from the two trails it crosses; but, as stated in the FEIS, this provides no real difference from other similar instances of roadway crossings along both trails.

Contrary to Mr. Miller’s assertion, the multiuse trails will remain available for use for snowmobiles and equestrians, as or if so permitted by local Agencies. The Agency will provide some design modifications to the proposed Zim Smith Bridge crossing of the new roadway in order to better accommodate snowmobiles safely. In terms of equestrian use, if ever permitted, riders will probably have to walk their mounts over the pedestrian bridge. The inconvenience of this did not outweigh the need to avoid disturbance of wetland areas under State and federal jurisdiction.

The Agency coordinated the proposal with the US Fish and Wildlife Service and NYSDEC. The project impacts met none of the thresholds for any special mitigation or avoidance. The Agency, particularly as part of the wetland mitigation proposals intends to further address USF&W suggestions for additional protection to habitat which can be feasibly accommodated within the project design.

Mr. Miller raised the issue of coordinating with local plans. The Luther Forest Technology Park GEIS Statement of Findings, adopted by the Towns of Malta and Stillwater and coordinated with the Village of Round Lake, stipulated the construction of the proposed Bypass. The Village’s 2000 Comprehensive Master Plan calls for diversion of through traffic and to avoid any southerly routing to do so. The Malta Town Plan GEIS includes the Bypass in its evaluations of future traffic distribution.

CONCLUSION:

Based on the analysis and evaluation contained in this project’s Final Environmental Impact Statement, and after careful consideration of all the social, economic and environmental factors and input from the public involvement process, it is my decision to adopt Alternative J as the proposed action for this project

CERTIFICATION:

All requirements requisite to these actions and approvals have been met, the required independent quality reviews have been accomplished and the work is consistent with established standards, policies, regulations and procedures, except as otherwise noted and explained.

__Joseph DiFabio (for) ___01/18/07__

Thomas C. Werner, PE Date

Regional Director

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