Final Scope - Central



Draft Scoping Document

Draft Generic Environmental Impact Statement

Magical Lands of Oz Theme Park and Resort Area

Town of Wheatfield

Niagara County, New York

Project Sponsor / Applicant:

Oz Central, LLC

6929 Williams Road, Suite 600

Niagara Falls, New York 14304

Lead Agency:

Town of Wheatfield

Town Hall

2800 Church Road

North Tonawanda, NY 14120

Lead Agency Contacts:

Timothy Demler, Wheatfield Town Supervisor

(716) 694-6440

Timothy Walck, P.E., Wendel-Duchscherer Architects & Engineers

(716) 688-0766

Copies of this Scoping Document are available for public review at:

Wheatfield Town Hall, 2800 Church Rd., North Tonawanda, NY

Town of Wheatfield website -

Niagara Falls Public Library-LaSalle Branch, 8728 Buffalo Ave., Niagara Falls, NY

Sanborn-Pekin Free Library, 5884 West St., Sanborn, NY

North Tonawanda Public Library, 505 Meadow Dr., North Tonawanda, NY

Summit Park Mall, 6929 Williams Rd, Niagara Falls, NY

April 10, 2006

PURPOSE

The purpose of this Scoping Document is to provide advance information on the proposed Magical Lands of Oz project to the public and agencies and describe the content of what will be discussed and evaluated in the State Environmental Quality Review Act Generic Environmental Impact Statement that will be prepared for decision making purposes on the Project.

TABLE OF CONTENTS

Page No.

0. INTRODUCTION 1

1.1 Project Description 1

1.2 Action Under Review 2

1.3 SEQR Process 3

1.3.A Scoping 3

1.3.B EIS Process 3

1.4 SEQR Involved Agencies 4

2. CONTENT OF DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT 5

1. Draft GEIS Format 5

2. SEQR Process / Chronology 6

3. Introductions / Project Discretion 7

3. IMPACT ASSESSMENT METHODOLOGY 8

1. Impact of Land Use and Community Character 8

2. Impact on Topography, Geology and Soils 8

3.2.A. Site characterization 8

3.2.B. Ongoing Site Investigations for Hazardous Waste 9

3.2.C. Evaluation of Inactive Hazardous Waste Site Adjacent to Property 9

3. Impact on Water 9

3.3.A. Surface Waters 9

3.3.B. Floodplains 9

3.3.C. Wetlands 9

3.3.D. Ground Water 10

3.3.E. Drainage 10

4. Impact of Natural Resources 10

3.4.A. Plant Communities 10

3.4.B. Wildlife Resources 11

3.4.C. Federal and State Endangered, Threatened and Special

Concern Species 11

5. Visual and Aesthetic Impacts 11

6. Impacts to Cultural Resources 11

7. Impact on Traffic and Transportation 12

8. Impact on Community Services 13

9. Socioeconomic Impacts 13

10. Noise and Odor Impacts 14

11. Air Quality Impacts 15

12. Use and Conservation of Energy 15

13. Solid Waste 15

14. Public Health 16

15. Temporary and Short-Term Impacts 16

16. Unavoidable and Adverse Environmental Impacts 16

17. Irreversible and Irretrievable Commitment of Resources 16

18. Cumulative Impacts 16

19. Growth-Inducing Aspects of the Action 16

4. ALTERNATIVES TO BE EVALUATED 17

TABLE OF CONTENTS

Page No.

1. Preferred Alternative 17

2. Alternative Size and Scale of the Proposed Project 17

3. Alternative Uses of the Project Site as Allowed under Current Zoning 17

4. Alternative Location 17

5. “No Action” – No Build Alternative 17

ATTACHMENTS

Figure 1. Regional Location Map

Figure 2. Project Site and Surrounding Features

Figure 3. SEQR EIS Process

Figure 4. Oz Preliminary Land Use Plan

Figure 5. Oz Master Plan

Positive Declaration

DEFINITIONS AND ACRONYMS

Oz Central, LLC

DGEIS Draft Generic Environmental Impact Statement

ECL Environmental Conservation Law

EIS Environmental Impact Statement

FGEIS Final Generic Environmental Impact Statement

GEIS Generic Environmental Impact Statement

GIS Geographic Information System

Lead Agency Town of Wheatfield (for the Magical Lands of Oz Project

Project The proposed Magical Lands of Oz Theme Park and Resort Area as defined in Section

1.1 of this Scoping Document.

SEQR State Environmental Quality Review

SPDES State Pollutant Discharge Elimination System

SHPO State Historic Preservation Office

Town Town of Wheatfield

Town Hall Wheatfield Town Hall - 2800 Church Road, North Tonawanda, NY 14120-1099

USACE United States Army Corps of Engineers – Buffalo District

USDA United States Department of Agriculture

USFWS United Sates Fish and Wildlife Service

INTRODUCTION

1 Project Description

Oz Central, LLC (Oz) as the Project sponsor, proposes to construct the “Magical Lands of Oz” Theme Park and Resort Area on approximately 800 acres in the southwest corner of the Town of Wheatfield, Niagara County (the Project). The proposed Project site is bounded by Williams Road on the west, the Niagara Mohawk Power Corporation right-of-way, Lancelot Drive and Jagow Road on the north, approximately 750 feet north of Liberty Drive and adjacent to the CSX Railroad right-of-way on the south, and the city of North Tonawanda city line (approximately 500 feet west) on the east (see Figure 1 – Regional Location Map). Main access to the Project site would be via a proposed extension of the LaSalle Expressway with associated infrastructure improvements. Secondary entrances would be constructed at Williams Road, Jagow Road and surrounding roadways, as appropriate. The proposed Project is divided into the three areas: Area #1, Area #2 and Area #3 which are depicted in Figure 2 – Project Site. Oz Central, LLC is active and authorized to do business in New York State as a foreign limited liability company.

The Project requires a zoning amendment of approximately 232 acres of the Project site from Planned Unit Development (PUD) to Manufacturing (M-1) from the Town of Wheatfield (the Town). Approximately 78 acres of the area to be rezoned consist of existing manmade lakes. The Project sponsor is also requesting Site Plan Approval from the Town of Wheatfield Planning Board.

The Project would be constructed in three phases described in detail below.

Phase I

Phase I of the proposed Project consists of the construction of the “Magical Lands of Oz” Theme Park on approximately 442 acres of land at the eastern portion of the site identified as Area #1 on the attached Project Site map. Phase I would include the following elements:

• Indoor and outdoor rides, attractions and activities, including a 780,000 square foot weather-controlled building for year-round operations at the eastern portion of the site on approximately 442 acres. The existing lakes on the site would be incorporated into the design of Phase I for non-contact recreation, visual backgrounds and a buffer area between the Theme Park and the existing residential area to the north. The lakes may also be used to supplement fire protection and/or landscape needs (non-potable usage).

• The lakes associated with the Witmer Road site, formerly operated by the Haseley Construction Company, are not part of the Project property or part of the proposed stormwater management system (see Figure 1).

• A 90( acre parking area in the southwest portion of Area #1 (assumed capacity of 8,000 to 12,000 cars) serving the Theme Park (may also be used for a drainage and buffer area as required).

• A themed flagship hotel of approximately 200 rooms, dining, convention and entertainment facilities within approximately three (3) buildings are proposed on approximately 15( acres in the northwest corner of Area #1 Separate parking and other design elements would distinguish this complex from the Theme Park.

• An Administration/Office building, maintenance building(s), safety building(s), and an emergency generator located adjacent to the existing but closed Niagara County Refuse Disposal District landfill.

• Primary access would be from a proposed extension of the LaSalle Expressway. Secondary access would be from Williams Road through Area #3. It is anticipated that primary access for construction activities would be from an existing private road off Witmer Road.

Phase II

Phase II consists of the following elements on approximately 64 acres:

• Approximately four hotel properties are proposed along the private internal circulatory road for Area #2 in the north-central portion of the site. The hotel complex is proposed in phases and would include approximately 800 rooms. Primary access would be from a proposed public road linking Williams Road to the internal circulatory road.

Phase III

Phase III consists of the following elements on approximately 300 acres:

• Additional retail, dining and entertainment facilities in the western portion of the site in Area #3 along a proposed public road. Phase III would be developed as market conditions dictate in accordance with applicable zoning restrictions. Primary access to the proposed public road would be from Williams Road.

3 Action Under Review

In September 2005, the Project sponsor submitted application materials to the Town of Wheatfield (the Town) to initiate the review of the Project. Following review of the application materials, the Town determined that the Project would be reviewed pursuant to the State Environmental Quality Review Act [(SEQR) - New York State Environmental Conservation Law, Article 8 and its implementing regulations, 6 NYCRR Part 617]. Figure 3 depicts the SEQR process. The Town identified the Project as a Type I Action. The Project exceeds the following thresholds for Type I Actions listed in Part 617.4(b):

• the Project involves a change in allowed uses (zoning change from PUD to M-1) affecting more than 25 acres – 617(b)(2);

• the Project involves the physical alteration of more than 10 acres - 617.4(b)(6)(i);

• the Project includes parking for more than 1,000 vehicles - 617.4(b)(6)(iii);

• the Project includes a facility with more than 100,000 square feet of gross floor area (in a town of less than 150,000 persons) - 617.4(b)(6)(v);

• the Project may be occurring within or substantially contiguous to a historic or pre-historic site listed or nominated for listing on the National Register of Historic Places – 617.4(b)(9); and

• the Project site is substantially contiguous to a Town owned park (Mario Park) - 617.4(b)(10). Mario Park is an existing 12-acre, Town-owned facility on Deborah Lane, featuring athletic fields with off-street parking (see Figure 2 – Project Site).

The original materials submitted to the Town included Figures 4 - Oz Preliminary Land Use Plan. Figure 5 shows the Oz Master Plan.

The Town initiated a Coordinated Review with the known Involved and Interested Agencies and requested SEQR Lead Agency status on October 19, 2005. The Town reviewed the potential environmental impacts of the Project against the criteria in Part 617.7, and determined that the Project may have a significant effect on the environment and that a Draft Generic Environmental Impact Statement (DGEIS or Draft GEIS) must be prepared. The Town issued a Positive Declaration on November 14, 2005.

A Generic Environmental Impact Statement was selected as an appropriate means to assess potential impacts for the Project for several reasons. The Project meets the criteria for a generic approach in accordance with Part 617.10(a)(1) because the Project consists of “a sequence of actions, contemplated by a single agency or individual” and “separate actions having generic or common impacts”.

6 SEQR Process

A. Scoping

Scoping is the process by which the SEQR Lead Agency identifies, to the public, Involved and Interested Agencies the significant adverse impacts related to the proposed action that will be addressed in the DGEIS. The Scoping Document outlines the content and level of detail of the analysis, the range of alternatives, the mitigation measures needed and the identification of non-relevant issues. Scoping provides a project sponsor with guidance on matters that must be considered, and provides an opportunity for early participation in the review of the proposal by the public and all Involved and Interested Agencies . The Town, as SEQR Lead Agency, determined that it would conduct public scoping for the DGEIS. As part of the DGEIS process, and in accordance with SEQR 617.8, the Town will hold a public scoping session. Subsequent to input received via public scoping, the Town will issue a revised Scoping Document that will provide the Project sponsor the mechanism to identify the environmental, social, and economic issues that will be addressed in a DEIS and the general approach for their evaluation. The scoping process has several objectives:

1. To confirm previously identified significant environmental issues;

2. To eliminate insignificant or irrelevant issues;

3. To identify the extent of impact analysis;

4. To identify the range of reasonable alternatives to be addressed; and

5. To identify potential mitigation measures.

Public scoping sessions are conducted in order to solicit public and agency input regarding what topics and methodology of study should be included in the DGEIS. A public scoping process helps ensure that the DEIS will be a concise, accurate and complete document upon which all Involved and Interested Agencies can base their individual decisions. By including the public in the scoping process, the SEQR Lead Agency can obtain additional information and specialized knowledge, which may reduce the likelihood of additional issues arising during the public review of the DGEIS. The SEQR Lead Agency completes the scoping process by issuing the revised Scoping Document.

B. EIS Process

Following scoping, the Project sponsor will be responsible to prepare a DGEIS. A schematic flowchart depicting the SEQR EIS process is presented in Figure 3. The Project sponsor will prepare the DGEIS for review by the SEQR Lead Agency, the Town of Wheatfield. After the Town determines that the DGEIS is adequate to begin the public and agency review, a SEQR public hearing will be scheduled. The Town will accept input on the DGEIS during a 30-day public comment period that extends at least 10 days after the public hearing. A Final GEIS will be prepared following close of the public comment period. The FGEIS will primarily consist of revisions to the DGEIS, sustentative comments on the DGEIS and responses to those comments. Typically, the applicant will prepare a first draft of the FGEIS. However, ultimately the content of the FGEIS is the responsibility of the SEQR Lead Agency. No earlier that 10 days after the SEQR Lead Agency files a Notice of Completion of the FGEIS can each Involved Agency make it’s own Findings and appropriately distribute it and decide to approve or disapprove the proposal.

7 SEQR Involved Agencies

In the SEQR process, there are two types of agencies: Involved Agencies (including the SEQR Lead Agency) and Interested Agencies.

The SEQR Lead Agency is the one agency among all Involved Agencies, which has the responsibility, under SEQR, to coordinate the environmental review for a proposed action. The Town requested SEQR Lead Agency status, thereby initiating the Coordinated Review process for SEQR purposes. This solicitation for SEQR Lead Agency and Coordinated Review process established the Town as SEQR Lead Agency for the Project.

Involved Agencies are agencies that have discretionary jurisdiction to fund, approve, or directly undertake an action. Involved Agencies for the Project identified to date include:

1. The New York State Department of Transportation (NYSDOT).

2. The New York State Department of Environmental Conservation (NYSDEC).

3. New York State Health Department (NYSDOH).

4. Empire State Development Corporation (ESDC).

5. New York State Department of Taxation and Finance.

6. The Town of Wheatfield – Town Board and Planning Board (Town).

7. Niagara County Health Department – Division of Environmental Health.

8. The Niagara County Department of Public Works - Highways, Bridges and Structures Division.

9. The Niagara County Sewer District.

10. The Niagara County Water District.

11. Niagara County Industrial Development Agency / Center for Economic Development.

Interested Agencies or Interested Parties are agencies and parties that do not have immediate approval responsibility or jurisdiction to directly undertake the action, but wish to participate in the review process because of expertise or concern about the proposed action or a potential jurisdiction position at a future date. For the Project, a preliminary list of Interested Agencies is provided below. Following scoping, the jurisdictional position of these agencies may change.

1. United States Army Corps of Engineers – Buffalo District (USACE).

2. Federal Aviation Administration (FAA).

3. Federal Highway Administration (FHWA).

4. New York State Office of Parks, Recreation and Historic Preservation (OPRHP).

5. Niagara Frontier Transportation Authority (NFTA).

6. Niagara River Greenway Commission

7. City of Niagara Falls.

8. City of North Tonawanda.

9. Niagara County Planning Board

10. Niagara Wheatfield Central School District.

11. Frontier Fire Company

12. Bergholz Fire Company

13. Buffalo Niagara Enterprise.

14. Empire State Pipeline

15. Niagara County Refuse District

16. Town of Wheatfield - Town Engineer, Town Water and Sewer Department

17. CSX Corporation

2.0 CONTENT OF DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT

(DGEIS)

6 NYCRR 617.9(b) of the SEQR regulations outlines the minimum content that should be included in an EIS. The minimum subject areas expected to be included in the DGEIS for the Project are described below:

1 Draft GEIS Format

The Draft GEIS will include a Title Page, Table of Contents, Executive Summary, contact information and relevant dates of SEQR milestones. The key sections of the Draft EIS are anticipated to include:

• Executive Summary

The Executive Summary will provide an abstract of the DGEIS including:

o Project Description

o Description of Action

o Permits, Approvals, Authorizations and Funding

o Summary of Impacts Assessed (significant, beneficial and adverse)

o Identification of all Mitigations Proposed

o Identification of Alternatives Considered

• Section 1. Introduction

The Introduction will provide a complete description of the Project in context with the regulatory and SEQR frameworks within which it will be reviewed. It will include the following subsections:

o Proposed Action

o Project Description

▪ Design and Layout

▪ Construction and Operation

▪ Phasing and Timing

o Project Location

o Sponsor's Objectives

o Purpose, Need and Benefit

o Background and History of existing facility and proposed Project

o SEQR Process and Project Chronology

o Permits, Approvals and Funding

• Section 2. General Environmental Setting of Study Area

This section will establish the existing setting of the physical area and community within which the Project will be developed.

o Local and Regional Geographic and Topographic Setting

o Land Use / Land Use Controls (Zoning)

o General Environmental Setting

o Socioeconomic Setting

o Past uses of Project site and key adjoining properties

• Section 3. Impact Assessment

In order to facilitate organization for the reader, Section 3 of the DGEIS will be formatted to present existing conditions, impact assessment and proposed mitigations, together in subsections by impact category as presented in Section 3 of this Scoping Document. Each subsection will present:

o Existing conditions

o Assessment of Impacted Resources

o Level of Significance and Potential Mitigation Measures

• Section 4. Mitigation Measures

Based on the assessment of potential impacts and their magnitude presented in Section 3 of the DGEIS, the appropriate level of mitigation will be proposed for the identified significant adverse impacts.

• Section 5. Project Alternatives (see Section 4 of this Scoping Document)

o Preferred Alternative

o Alternative Size / Scale

o Alternative Use of Project Site as Allowed Under Existing Zoning

o Alternative Location

o "No Action " – No Build Alternative

• Section 6. Use and Conservation of Energy (see section 3.12)

• Section 7. Impacts from Solid Waste (see section 3.13)

• Section 8. Temporary and Short-term Impacts (see section 3.15)

• Section 9. Unavoidable and Adverse Environmental Effects (see section 3.16)

• Section 10. Irreversible and Irretrievable Commitment of Resources (see section 3.17)

• Section 11. Cumulative Impacts (see section 3.18)

• Section 12. Growth-Inducing Aspects of Action (see section 3.19)

• References

• Figures

• Appendices

o Conceptual Site Plan

o Wetlands

o Visual Impact Assessment

o Traffic Impact Study

o Phase I A/B Cultural Resources Assessment

o Drainage Assessment

o Water Assessment

o Wastewater Assessment

o Other Supporting Studies and Reports

2 SEQR Process / Chronology

This section of the DGEIS will include a chronology of the environmental review process to date and an anticipated time line forward. This section will also include a brief discussion on Project-related consultations with Involved Agencies.

This section will identify and provide a brief overview of two other EISs prepared previously for other projects or actions involving the Project site. The EIS for the Wheatfield Lakes Project was completed by the NYSDEC in February 1989 in order to issue a Mined Land Reclamation Permit for the expansion of clay mined excavation. The EIS for the Lakes of Wheatfield Development was prepared for the Town of Wheatfield in 1994, for a proposed residential development. The proposed 460+/- acre project consisted of single and multi-family residential development, associated infrastructure improvements and completion of drainage improvements (the lake system). Both EISs will be included by reference to provide site characterization and assessment of impacts. These EISs are available for review at the Town Hall.

3 Introduction / Project Description

This section of the DGEIS will include a detailed description of the Project and associated improvements to be considered in the DGEIS. The project description will include both a detailed written description and a conceptual site plan that shows all elements of the proposal. The written description and conceptual site plan will include the following:

1. Existing built and natural environment.

2. All proposed buildings and site features.

3. The known height and dimensions of the buildings that would house the majority of the attractions.

4. Description of the approximate size of the impacted area(s) and the anticipated layout.

5. The anticipated location and general description of utilities and major infrastructure components, including internal parking and access roads, water and sewer facilities and storm water management controls.

The project description will include a discussion of the multi-phased nature of the Project (see Section 1.1). The DGEIS will include a brief discussion on general operations of the Project including seasons and hours of operations, parking and internal circulation, storage and use of maintenance and landscaping products.

This section of the DGEIS will include a list of permits and approvals required for construction of the Project. Agencies with discretionary jurisdiction and general timeline for obtaining these approvals will also be identified.

This section of the DGEIS will include a description of the applicant’s objectives and intent, as well as a brief description of the public benefits anticipated from the Project, including the anticipated number and types of jobs that will be created as a result of the Project.

IMPACT ASSESSMENT METHODOLOGY

This section discusses the potential impacts identified in the Town’s November 14, 2005 Positive Declaration (see attached). The potential significant impacts, general method of assessment and mitigation measures to be addressed in the DGEIS are identified below. The information sources used to assess each potential impact will be reviewed and summarized in the DGEIS. It is anticipated that the DGEIS will address each of the following potential impact areas.

For each impact area, the DGEIS shall provide a detailed description of the existing conditions, and an evaluation of the potential impact, a determination of the significance of each impact and a description of proposed mitigation measures to reduce or eliminate the impacts.

5 Impact on Land Use and Community Character

The DGEIS will provide a detailed description (qualified and quantified) of the existing site conditions and the proposed physical changes to the site including but not limited to:

• Land use, existing and proposed within Project area and it’s surroundings,

• Proposed buildings and facilities,

• Impacts to growth and character of the community

The Project would impact agricultural lands by converting them to non-agricultural use. The DGEIS will include a quantitative assessment of all proposed land use changes, including agricultural lands. The Project is not located within an agricultural district under NYS Agricultural Districts Law (Article 25-AA of the Agriculture and Markets Law). This section of the DGEIS would assess the change in land use from passive open space to active recreation and entertainment. Issues related to potential growth and character of the community that will be evaluated in the DGEIS include

• potential change in land use density,

• increased demand for community (fire and police) services and

• spin-off or secondary development in the area surrounding the Project.

Potential impacts to the land to be assessed include the amount of clearing and grading, changes to drainage patterns and impact to floodplain areas. Additional impacts are the permanent conversion of over 700 acres of land, construction of parking areas for 8,000-12,000 cars and mixed-use development, and construction where the water table is less the two feet below the ground surface. Potential site development restrictions may be encountered due to the proximity to the Conrail ROW and tracks, as well as the Empire State Pipeline Company’s natural gas pipeline and ROW. These manmade constraints and the natural features that influence the Project layout will be assessed for sensitivity and impacts.

In this Section the Project’s relationship to other major planning initiatives will be addressed; including the Town of Wheatfield Comprehensive Plan and the ongoing Niagara River Greenway Commission’s Niagara River Greenway Plan.

2. Impact on Topography, Geology and Soils

A. Site Characterization

A general characterization of the physical nature of the site will be assessed. This will include utilizing resources from the United States Geological Survey (USGS) including topographic mapping and the Ground Water Atlas of the United States, the United States Department of Agriculture (USDA) Soil Survey Report, for Niagara County as well as other local and site-specific studies and previous EISs.

B. Ongoing Site Investigations for Hazardous Waste

An Interim Remedial Measure (IRM) Work Plan for waste removal from a small area in the northwest corner of the Project site was reviewed by NYSDEC and the scope of the Work Plan was accepted by NYSDEC on November 9, 2005. A formal letter of approval from NYSDEC will be issued upon receipt of a copy of the IRM Work Plan. All environmental studies will be reviewed and considered as they relate to this particular contamination issue and the relevant information will be included in the DGEIS. Remediation activities will be presented as mitigation measures within the impact assessment.

C. Evaluation of Inactive Hazardous Waste Site Adjacent to Property

The closed Niagara County Refuse Disposal-Wheatfield Landfill, adjacent to the subject property, is an inactive hazardous waste site. The facility is capped and monitored under a Class 4 Inactive Hazardous Waste Disposal Site Priority Classification under jurisdiction of NYSDEC. This closed facility is located between the proposed theme park and the existing residential properties along Witmer Road.

3. Impact on Water

A. Surface Waters

The Project site includes existing surface waters (man-made lakes). The Project has the potential to impact surface water quality and quantity due to stormwater runoff. The DGEIS will provide a description and location (via map) of the streams and lakes located in the Project area. Black Creek forms the northern boundary of Area 3 and crosses Area 2. Black Creek is classified by New York State Health Department as a Class C, Standard C stream and therefore is not considered a State-protected stream under New York State’s Protection of Waters Program (Article 15 Title 5 of the ECL). An assessment will be made of potential Project-related impacts to all of these surface waters.

Review of available Geographic Information Systems (GIS) mapping will identify the surface waters and their classifications. Field verification will be documented. Impact areas will be quantified by overlaying the conceptual site plan with the resource mapping. Confirmation of the required permits will be obtained from the US Army Corps of Engineers and NYSDEC.

A. Floodplains

Any floodplains, floodways or portions thereof will be identified and mapped. A portion of the Project may be located in the floodplain of Black Creek. The Town of Wheatfield requires a Floodplain Development Permit for any construction within a floodplain. An assessment will be made of potential Project-related impacts regarding floodplain areas.

B. Wetlands

According to the USDA Soil Survey of Niagara County, the majority of the soils within the Project area are listed as somewhat poorly, poorly and very poorly drained. Poorly and very poorly drained soils are hydric soils and if not drained, can support wetlands. Utilizing information from the soil survey, NYSDEC Freshwater Wetland mapping, and USFWS National Wetland Inventory mapping, a

preliminary wetland map can be generated. A Wetland Biologist will provide the delineation of federal regulated wetlands located on the property and identify the present location of New York State regulated Wetland TE-26. In order to do this, NYSDEC and USFWS wetland maps will be obtained and reviewed. Applicable USACE and New York State regulations will be used to identify wetland boundaries. The Wetland Biologist would also field verify the NYS Wetland TW-26 southern boundary on the property. The Wetland Biologist will also prepare a Wetland Delineation Report for inclusion in the DGEIS for review by the USACE. Through the design process, wetlands will be avoided where practicable and disturbance minimized. If necessitated by encroachment, wetland mitigation measures will be presented in the DGEIS.

C. Ground Water

Any important aquifers mapped in the vicinity of the Project area will be presented to identify whether the Project may have any influence on groundwater resources. An assessment will be made of potential Project-related impacts on and from groundwater resources. A review of existing ground water data will be documented via existing GIS databases and the USDA Soil Survey of Niagara County in order to evaluate the suitability for construction.

D. Drainage

Existing drainage areas on and near the Project area, including patterns and channels will be identified and mapped. Existing drainage projects (southern drainage) will also be discussed. The drainage evaluation will be coordinated with the Town Engineer and include review of previous drainage studies and other existing drainage data provided by the Town.

The DGEIS will address changes in drainage flows and patterns resulting from the construction of the Project. The proposed stormwater management system will be described, including a conceptual design to established standards. Temporary impacts to surface waters from construction related activities will be evaluated in this section.

Any necessary upgrades to accommodate storm water runoff will be discussed in the DGEIS along with the Project’s relationship to the NYS SPDES Program. It is anticipated that the operator would seek coverage under General Permit GP-02-01 prior to commencement of ground disturbing activities. The intended use of GP-02-01 requires a Notice of Intent (NOI) with the NYSDEC to affirm a Stormwater Pollution Prevention Plan (SPPP) has been prepared and will be implemented prior to commencement of construction activity. The SPPP will be filed with the DGEIS. The assessment of site related stormwater discharges will be included within this context.

The Witmer Road Site, formerly operated by the Haseley Construction Company, is an out parcel not under the control of the Project sponsor and therefore, would not be part of the Project (see Figure 2). The areas known as Haseley Lakes will not be needed for stormwater management purposes. It is understood that if in the future the Haseley Lakes area is acquired by the Project sponsor, it would be used for aesthetic purposes, as a passive water feature.

4. Impact on Natural Resources

A. Plant Communities

The DGEIS will include a description of existing on-site natural resources. Utilizing aerial photography

and field surveys by a Biologist, a map will be generated outlining the different plant communities and habitats in the Project area. Each plant community will be described in terms of dominant plant species and relative abundance. Information obtained during wetland mapping will be incorporated into the plant community mapping. An assessment will be made of potential Project-related impacts to each plant community.

B. Wildlife Resources

The DGEIS will include, as part of the plant and habitat survey, an identification of wildlife resources at the Project site. Field guides and associated range extension maps will be used in conjunction with habitat mapping to assess the potential presence of bird, mammal, reptile and amphibian species on the site. Field surveys will be conducted to identify possible existence of resident species and to assess potential impacts to wildlife habitats. Potential Project-related impacts to these species will be evaluated in the DGEIS.

C. Federal and State Rare, Threatened, Endangered, and Species of Special Concern

The DGEIS will discuss the known presence of any listed species identified during field investigations of the Project site and/or identified through consultation with the USFWS and the NYSDEC Natural Heritage Program. Correspondence will be sent to these agencies requesting information on the presence of rare, threatened, endangered, and plant and animal species of special in the Project area.

6 Visual and Aesthetic Impacts

The Project will result in a change in the visible landscape that is different from the current surrounding land uses and land use patterns. The DGEIS will assess the Project’s potential to change the character or quality of aesthetic resources in and surrounding the Project site. The assessment will generally follow the NYSDEC guidance policy on assessing and mitigating visual impacts (DEC Program Policy, 7/31/00). A Visual Impact Assessment (VIA) will be conducted to define the visual characteristics of the Project, Project site and surrounding areas, and to assess the potential effect to the existing visual environment using elevation and/or perspective mapping, photo simulations and line of sight drawings. It is anticipated that the photo simulations and line of sight drawings will be prepared from the following locations:

• West along Lakeside Drive

• South at intersection of Rock Dove Lane and Lakeside Drive

• Southwest from Lakeside Court

• West-northwest along Witmer Road

• North-northeast at intersection of River Road and Sunset Drive

• Southeast from Liberty Drive

• Southeast at intersection of Williams Road and Colvin Boulevard

• South at intersection of Lancelot Drive and Deidre Court

• South-southeast at intersection of Lancelot Drive and Deborah Lane

• East from Mario Park

• North-northeast from East River Road on Grand Island

7 Impacts to Cultural Resources

According to the State Historic Preservation Office (SHPO), the Project site is located in an archeologically sensitive area and coordination will have to take place between the Project sponsor and the NYS Office of Parks, Recreation, and Historic Preservation (OPRHP) to determine the potential for impacts to archeologically sensitive areas.

A comprehensive archaeological investigation of the Project site has been requested by the NYSDEC. The analysis will be conducted in accordance with the New York Historic Preservation Act of 1980, Section 14.09, the National Historical Preservation Act of 1966 as amended, and the Advisory Council on Historic Preservation’s “Protection of Historic and Cultural Properties” (36 CFR 800). This study will also be reviewed pursuant to the Standards for Cultural Resource Investigations and the Curation of Archaeological Collections in New York State, prepared by the NYS Archaeological Council and adopted by the NYS Office of Parks, Recreation and Historic Preservation (OPRHP 1994). The Phase I A and B Cultural Resource Investigations will be appended to the DGEIS and will include:

• Background Literature and Site File Search

• Preliminary Reconnaissance of the Propose Project Parcel

• Development of a Sensitivity Assessment

• Surface Inspection/Shovel Testing

8 Impact on Traffic and Transportation

The Project would likely result in a change to present traffic patterns and changes to the existing transportation system in terms of new roadways, bridges and rail crossings. A traffic impact study (TIS) will be prepared in accordance with the General Guidelines for Traffic Impact Studies Submitted to NYSDOT and appended to the DGEIS. The TIS will be prepared with coordination and input from the Institute of Transportation Engineers, the NYS Department of Transportation and the Town of Wheatfield and Niagara County. The TIS will include:

• Data Collection

• Traffic Projections, Distribution and Alignment

• Traffic Data Analysis

• Identify and Evaluate Traffic Mitigation Options

• Documentation of Results and Report Production

• Meeting Attendance

• Internal circulation.

• Road access

The content, methodology and intersections to be evaluated in the TIS will be coordinated with the NYSDOT, Town of Wheatfield and Niagara County. A summary of the TIS findings including temporary impacts from construction activities and proposed mitigations will be summarized in the DGEIS. Depending upon the assessment of trip generation and distribution, it is anticipated that the TIS will include the following critical locations for analysis:

Existing Primary Locations

• Williams Rd. @ Rt. 265/384 River Rd.

• Williams Rd. @ LaSalle Expy Off Ramp

• Williams Rd. @ LaSalle Expy On Ramp

• Williams Rd. @ Summit Mall Drive

• Williams Rd. @ Cayuga

• Williams Rd. @ Rt. 62 Niagara Falls Blvd.

• Rt. 62 Niagara Falls Blvd. @ Walmore/Cayuga/Niagara

• Rt. 62 Niagara Falls Blvd. @ Rt. 182 Porter Rd.

• Rt. 190 I @ LaSalle Expy.

Existing Secondary

• Williams Rd. @ Liberty Dr.

• Williams Rd. @ Lancelot

• Rt. 62 Niagara Falls Blvd. @ Sy Rd.

• Rt. 62 Niagara Falls Blvd. @ Witmer Rd.

• Jagow Rd. @ Walmore Rd.

• Jagow Rd. @ Sy Rd.

• Rt. 265/384 River Rd. @ Liberty Dr.

• Rt. 265/384 River Rd. @ Witmer Rd.

With Primary Development Access Roads In Place

• Williams Rd. @ “International Dr.”

• Williams Rd. @ LaSalle Expy Extension

• LaSalle Expy Extension @ OZ Terminus

• Rt. 265/384 River Rd. @ OZ Connection

• “International Dr.” @ New Access Rd.

• New Access Rd. @ Jagow Rd.

1 Impact on Community Services

The DGEIS will include assessments on the Project’s impact due to increased demand on community services such as utilities, and emergency services. The DGEIS will include a description of utilities and services that will be documented and the anticipated demands of the Project on those community services that will be assessed. Community infrastructure and services will be mapped and inventoried. These include but are not limited to:

▪ Police and Fire protection

▪ Fire protection

▪ Recreational facilities. Mario Park is an existing 12-acre, Town-owned facility on Deborah Lane, featuring athletic fields with off-street parking.

▪ Utilities (electric, gas, telephone, cable). An evaluation of the Project’s relationship to the Empire State Pipeline will be included in this section of the DGEIS.

▪ Public Water Supply. An evaluation of water system capacity and the Project’s peak demand and required fire flows will be included in this section of the DGEIS.

▪ Hydrant testing will be coordinated with the Town Engineer.

▪ Solid waste collection and disposal

▪ Sewage collection and treatment. The DGEIS will evaluate if adequate capacity exists for additional flows from the Project and discuss warranted mitigation measures. Capacity analysis will be coordinated with the Town Engineer

▪ Stormwater management and treatment (see Section 3.3.E).

2 Socioeconomic Impacts

The Buffalo-Niagara Metropolitan Statistical Area will be evaluated to characterize the economic conditions for the Project area. The following conditions will be documented:

▪ Population and household trends

▪ Income trends

▪ Educational attainment trends

▪ Employment trends

▪ Housing trends

Economic Impacts

The economic effects of the proposed Project on employment and the local economy will be evaluated. The following factors will be quantified:

▪ Direct and indirect jobs resulting from the Project

▪ Type of jobs and average annual salaries

▪ Direct and indirect construction jobs and related tax revenues generated by construction expenditures

▪ Local and State tax revenues from property taxes, sales tax, hotel/motel tax, and other applicable taxes

▪ Visitor spending

▪ Multiplier effect of the Project development on the local/regional economy

▪ At this time, it is anticipated that the Project will involve tax incentives from the Niagara County Industrial Development Agency which will be identified and described in the DGEIS.

▪ Other public improvements anticipated to be funded or undertaken by other agencies include the following, which will be identified in the DGEIS:

o General Obligation Bonds by the Town of Wheatfield for public highway improvements

o Improvements involving the extension of the LaSalle Expressway.

These data needs include but are not limited to the estimated size and breakdown of areas dedicated to attraction within the theme park, estimated number of visitors and breakdown between indoor/outdoor or seasonal attendance and estimated sales by visitor.

Anticipated socio-economic issues are the change in density of land use that could impact the character of the surrounding area, assess any change in demand for community services, such as police and fire protection, and the potential increase in local employment associated with the Project workforce requirements.

3 Noise and Odor Impacts

The Project is likely to result in construction activities that may extend over five or more years, and cause extended construction noise, and possible odors and dust.

The Project will likely result in operating noise exceeding the local ambient levels for outside of structures. A potential significant noise generator may be noise resulting from increased traffic. From the information provided through the Traffic Impact Study, an assessment of noise, as it relates to the proposed traffic impacts, will be conducted and documented. While traffic would be a primary noise generator, during construction the equipment used to build the Project would also be a contributor of site-generated noise.

Anticipated changes in noise levels to the local community consist of potential changes in the present patterns of movement of people and goods. These changes include possible bridge crossings, two new

roadways and crossings over an active rail line. An increase in traffic volume and changes to traffic patterns are anticipated. Other operating noises that may occur above the present ambient noise level may be a local concern and will be included in the assessment. These include outdoor rides and special events such as fire works. Construction related impacts from vehicles and equipment could also affect the surrounding area and will be assessed.

A key-determining factor in the need for a noise analysis is the location of the “sensitive receptors,” which would be within 1,000 feet of significant noise generators. Each of the Project access points may be a candidate for evaluation based on traffic volumes estimated. The Town of Wheatfield Noise Ordinance will be reviewed and assessed for its applicability to the Project.

4 Air Quality Impacts

The Project would include construction of an emergency generator as well as result in increased traffic, each having potential affects on air quality. Potential air quality impacts will be assessed based upon the results of the Traffic Impact Study (see Section 3.7 of this Scoping Document) and review of information from manufactures of emergency generators of similar scale and type.

Should an air quality analysis be required due to the degradation of local roads to a Level of Service (LOS) grade of lower than “C”, an assessment will be included in the DGEIS. The LOS of the surrounding local street network is a quality measure describing operational conditions within a traffic stream, generally in terms of such service measures as speed and travel time, freedom to maneuver, traffic interruptions, and comfort and convenience.

In addition, an assessment of impacts from the emergency power generation facility for the Project will be considered for potential limitations on the appropriate size, type and fuel source for the facility, as well as the permitting requirements associated with the construction and operation of the facility. Construction impacts regarding exhaust and other atmospheric contaminants, such as fugitive dust, will also be assessed and the impact to the surrounding community evaluated and presented.

It is anticipated that potential impacts resulting from the emission of fine particulate matter during the operation of the Project will be assessed in a manner consistent with the NYSDEC Policy CP-33 / Assessing and Mitigating Impacts of Fine Particulate Matter Emissions, issued December 29, 2003 and that NYSDEC will review that assessment.

5. Use and Conservation of Energy

The DGEIS will discuss the Project’s effects on the use and conservation of energy where applicable and significant. This will include evaluation of proposed energy sources, how the transmission system will deliver electricity to the Project, anticipated short-term and long-term levels of energy consumption, the indirect effect on energy consumption and energy conservation measures.

6. Solid Waste

Pursuant to SEQR regulation 6 NYCRR 617.9 (b)(5)(iii)(f), an examination of the effects of the Project on solid waste management will be undertaken where applicable and significant. The potential impacts of the Project of solid waste management and its consistency with the State and locally adopted waste management plans will be analyzed, assessed and included in the DGEIS. Future impacts of Niagara County’s as yet uncompleted Solid Waste Management Plan will be taken into consideration.

7. Public Health

The DGEIS will evaluate potential impacts resulting from the Project’s proximity to or disturbance of, an existing solid and hazardous waste site located in the northwest corner of the Project site. The “Kozdranski” site is within the Project area and currently scheduled for remediation in Spring 2006 (see Figure 2). An Interim Remedial Measure (IRM) Work Plan for waste removal from a small area (approximately 2.75 to 4.8 acres) was reviewed by NYSDEC and the scope of the Work Plan was accepted by NYSDEC on November 9, 2005. Available environmental studies will be reviewed and considered as they relate to this particular contamination issue and the relevant information will be included in the DGEIS. Scheduled remediation activities will be presented as mitigation measures.

The closed Niagara County Refuse Disposal-Wheatfield Landfill, adjacent to the Project site, is an inactive hazardous waste site. The facility is capped and monitored under a Class 4 Inactive Hazardous Waste Disposal Site Priority Classification under jurisdiction of NYSDEC. This closed facility is located between the proposed theme park and the existing residential properties along Witmer Road. This section of the DGEIS will discuss the Project’s proximity to this closed landfill.

8. Temporary and Short-Term Impacts

The DGEIS will examine the temporary and short-term impacts stemming from the construction of the Project. These impacts would be identified and appropriate mitigations proposed in order to lessen the temporary impacts from construction.

9. Unavoidable and Adverse Environmental Impacts

Sections 3.1 through 3.16 of DGEIS will assess the potential adverse impacts that may result from the Project. The impacts that cannot be avoided or adequately mitigated will be identified and described.

10. Irreversible and Irretrievable Commitment of Resources

This section of the DGEIS will briefly identify which resources would be irretrievably lost as a result of the Project and, therefore, would become unavailable for future use. These resources may include natural resources, such as agricultural land, wetlands and wildlife habitat. Where applicable, these resources will have already been assessed and where applicable, quantified, in previous sections of Section 3 of the DGEIS.

11. Cumulative Impacts

Cumulative impacts resulting from the construction of the Project will be included in the DGEIS. These include two or more individual impacts that combined are significant or which increase other environmental impacts.

12. Growth-Inducing Aspects of the Action

The DGEIS will evaluate the likelihood that the Project will cause significant increases in local population or business growth in the immediate area.

ALTERNATIVES TO BE EVALUATED

This section of the Draft GEIS will include an evaluation and a comparative analysis of several alternatives to the proposed Project. Alternatives to be considered in this section include:

1. Preferred Alternative

The preferred alternative will be summarized and evaluated in the body of the DGEIS.

2 Alternative Size and Scale of the Proposed Project

Alternatives to the Project, including alternate sizing and scale of the Project will be included.

3 Alternative Use of the Project Site as Allowed Under Current Zoning

Use of the Project site as currently allowed by established zoning and Town Plan will be reviewed.

4 Alternative Location and Layout

Alternative sites and site layouts considered by the Project sponsor will be described in the DGEIS.

5 “No Action” – No Build Alternative

The DGEIS will include an alternative that considers potential outcomes if the proposal is not approved.

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