Ithaca Area Municipal Wastewater Collection

Improvement Project

 

State Environmental Quality Review Act

 

STATEMENT OF FINDINGS

ADOPTED

Date

 

1.      Introduction

 

This is the Village of Lansing Findings Statement for the Ithaca Area Municipal Wastewater Collection Improvement Project (“the Project”) in Tompkins County, New York. The Village of Lansing is an involved agency for this Project.

 

A Findings Statement sets forth the basis for an Agency’s decision on an action, in this case the funding and construction of sewer lines and pump stations in the Town of Lansing; the funding and construction of transmission mains in the Town of Lansing and Villages of Lansing and Cayuga Heights; the funding and construction of two flow diversions in the Village of Cayuga Heights and Town of Ithaca; and approval of an Intermunicipal Wastewater Agreement, which includes new coterminous service areas for the Village of Cayuga Heights Wastewater Treatment Plant and the Ithaca Area Wastewater Treatment Plant and expands existing service areas in the Towns of Lansing, Dryden and Ithaca.

 

The State Environmental Quality Review Act (SEQRA) requires that the Lead Agency and each Involved Agency make Findings with respect to an Action. The New York State Department of Environmental Conservation (DEC) is the Lead Agency for this Action. Involved Agencies include the Project Sponsors, which are the City of Ithaca, the Villages of Lansing and Cayuga Heights and the Towns of Ithaca, Dryden and Lansing.

 

This Findings Statement contains a brief description of the Action, a description of the SEQRA process, a discussion of significant impacts and mitigation measures, and a certification required by the SEQRA regulations.

 

The discussion of impacts and mitigation measures makes up the bulk of these Findings. The discussion is organized by topic or area of the environment, as were the Environmental Impact Statement (EIS) documents. In making Findings it is important to note that an Agency need not Find that the Action will result in no environmental impacts. Rather, SEQRA requires that agencies engage in a balancing process whereby environmental concerns are weighed against social, economic and other essential considerations. These Findings set forth the basis of the Agency’s decision, and set forth conditions where appropriate.

 

  1. Description of the Action

The Project involves the construction of approximately 26 linear miles of public collector sewers (both gravity and vacuum sewers) in the Town of Lansing, as well as the construction of three pump stations to convey sewage from topographic low points and 21 and 24-inch gravity transmission pipes to convey the sewage to the Village of Cayuga Heights Wastewater Treatment Plant (VCHWTP). The Project further involves interconnection of the VCHWTP service area and the Ithaca Area Wastewater Treatment Plant (IAWWTP) service area to allow for the diversion of up to 1.3 million gallons per day (MGD) (over the 20-year planning period) of sewage from the VCHWTP to the IAWWTP to utilize the existing permitted capacity at the IAWWTP. Much of this diversion will be from the northeast portion of the Town of Ithaca that is currently served by the VCHWTP, and the Town of Ithaca will utilize existing excess capacity it already owns in the IAWWTP. The Project also involves expanding the sewer service area in the Town of Lansing and the Town of Dryden, although no new sewers are proposed in Dryden at this time. Three small areas in the corners of the Town of Ithaca will also be added to the sewer service area.    The Project will make existing wastewater treatment capacity available to serve the Village of Lansing.  Finally, the Project also involves the approval of an Intermunicipal Wastewater Agreement by the six municipal sponsors.  Among other things, this Agreement creates a new coterminous sewer service area for the VCHWTP and IAWWTP and expands the sewer service area into new parts of the Towns of Lansing, Dryden and Ithaca.

The EIS further analyzes the potential environmental impacts of a conceptual future plan involving the construction of approximately 38 miles of collector sewers and seven pump stations in the Town of Lansing. It is anticipated that these improvements would be owned and maintained by the municipality in which they are located. It is emphasized that sewers associated with the conceptual future plan are not currently proposed and funding has neither been sought nor provided for them.  However, to the extent that the potential environmental impacts of the conceptual future plan can be assessed, the EIS does so in order to assess impacts from the proposed and conceptual projects together, and to determine what the boundaries should be for the VCHWTP-IAWWTP service area.  If the conceptual sewers are ever proposed in the future, their impacts will be evaluated through a future environmental review process.

 

3.      Procedure

On August 18, 1999, the Project Sponsors requested that DEC serve as the Lead Agency for this Project. Notice of the DEC’s intent to serve as Lead Agency was circulated to interested and involved agencies by letter dated September 29, 1999. No objections were raised with respect to the DEC’s serving as Lead Agency, and on November 1, 1999 the DEC became Lead Agency for the SEQRA review. A draft Scoping Document was prepared setting forth the issues to be addressed in the Draft Environmental Impact Statement (DEIS). On September 6, 2001 DEC held a public meeting at which comments on the draft Scoping Document were received. From August 27, 2001 to September 21, 2001 DEC also accepted written comments on the draft Scoping Document. On June 4, 2002 the DEC adopted a final Scoping Document for the Project. On June 20, 2003 the DEC accepted the DEIS as complete and issued it for public comment. DEC held a public hearing on the DEIS on July 31, 2003. The DEC accepted comments on the DEIS until August 11, 2003. The Final Environmental Impact Statement (FEIS) was accepted by DEC on November 13, 2003.

4.      Project Need and Benefits

·        The DEIS and FEIS documents contain an extensive discussion of Project need. The Project is needed in order to eliminate ground and surface water pollution currently caused by inadequate on-site sewage disposal systems and to protect public health. The proposed Project will eliminate a number of sewage discharges and provide a higher level of sewage treatment than presently occurs within the area proposed to be serviced. More specifically, the proposed benefits are as follows.

·        Currently, inadequate on-site septic systems are in use within the proposed Town of Lansing Service Area. For example, the Tompkins County Health Department has identified limitations or inadequacies with systems in the Ladoga Park area (including 30 systems that are inundated by Cayuga Lake during high water), the mall near the intersection of Atwater Road and Route 34, the tavern at the corner of Drake Road and Route 34 and at the Lansing Central School District. The Health Department has conducted several surveys of drinking water wells and septic systems in the Town of Lansing and found high rates of well contamination and septic system failure. Elimination of these inadequate septic systems will improve ground and surface water quality, reduce the risk to drinking water supplies, and benefit public health.

·        Currently, individual SPDES discharge permits are held by residential, commercial, industrial and institutional facilities that fall within the proposed Town of Lansing Service Area. These include the Lansing Central Fire Station, Colonial Cleaners, Hunter Apartments, Lakewatch Inn, New York State Office of Children & Family Services facilities, Cargill, Inc., Woodsedge Apartments, Transonic Systems and UPS. Elimination of the individual sewage discharges at these facilities will improve the water quality of surface waters because, for example, with the exception of the New York State Office of Children & Family Services facilities, the systems for which these permits have been issued do not incorporate phosphorus removal.

·        The Project will meet the need for additional public sewage capacity in the Town of Lansing.

·        The Project will occur in an area that is already partially developed, thus promoting infill rather than conversion of open space and agricultural lands.

·        The sizing of mains, pump stations and other facilities will provide the opportunity for future expansion of public sewer service within the Town of Lansing Planning Area without the need for additional construction, thereby avoiding duplicated construction impacts.

·        The provision of sewers within the Town of Lansing Service Area and, potentially in the future, the Town of Lansing Planning Area, will allow for controlled growth in the Town of Lansing in accordance with that community’s planning policies.

·        The Project will eliminate SPDES permit flow exceedances at the VCHWTP.

·        The Project will provide for more public sewer capacity in the Village of Lansing.

·        By incorporating the Town of Dryden within the proposed future sewer service area, sewer service may in the future be extended to the Town of Dryden.

5.      Alternatives

                                                                

Alternatives to the Project were thoroughly analyzed during the planning phases of the Project. This analysis was summarized and supplemented in the DEIS and FEIS documents. Other alternatives were also analyzed in the DEIS and FEIS.  The analyses found that:

 

·        The use of vacuum sewers (commonly used in areas of relatively flat topography where slopes are not suitable for the use of gravity sewers) for the entire Town of Lansing Service Area was not practical because of higher costs and because the majority of the Service Area has slopes suitable for conventional gravity sewers.

 

·        The use of small diameter variable slope sewers with full-size septic tanks to capture solids in the Town of Lansing was rejected because this alternative would have higher long-term costs without having any particular environmental benefit.

 

·        The construction of several small package wastewater treatment plants or neighborhood subsurface areas in the Town of Lansing as alternatives to use of existing municipal plants were rejected because of the higher likelihood of failure from multiple facilities and because of the lower level of wastewater treatment that would likely be achieved.

 

·        Alternative wastewater discharge locations such as sub-surface discharge or land application were rejected because of the amount of land required, operational difficulties, cost considerations and the significant transport infrastructure that would be required.

 

·        Discharge into a nearby receiving water body instead of Cayuga Lake is not feasible, given the low summer base flows in tributaries to the Lake such as Salmon Creek and Gulf Creek.

 

·        Composting toilets are not considered by the Lead Agency to be a practical regional alternative because of scale considerations, although they are viable for individual use.

 

·        The construction of a new municipal wastewater treatment plant was rejected because it would not meet the goal of providing a regional alternative using existing facilities; it would result in an additional wastewater treatment facility requiring proper operation, with a resultant higher risk of malfunction and environmental pollution; small municipal plants often have more operational and compliance problems than regional plants; and small municipal plants seldom are “state-of-the-art” due to an inability to spread higher costs over a small tax base.  While issues related to VCHWTP and IAWWTP discharges were outside the EIS’s scope, the Lead Agency noted that the regional solution is acceptable because phosphorus loadings discharged into the southern end of Cayuga Lake attributable to Town of Lansing flows would be very small (less than ¼ pound per day initially and less than ¾ pound per day in 20 years with tertiary phosphorus treatment).  The Lead Agency further noted that overall phosphorus loadings to southern Cayuga Lake will decrease in the range of 20 to 31 pounds per day on an average annual basis with the planned phosphorus treatment upgrades at the VCHWTP and IAWWTP, even with the added Town of Lansing flows.

 

·        Treatment at an expanded VCHWTP is technically feasible, but would be more expensive and has no particular environmental benefits over the preferred alternative.

 

·        Decommissioning of the VCHWTP and treatment of all wastewater at the IAWWTP would have the benefit of reducing the number of operating facilities with associated risk of malfunction. However, it is more costly than the preferred alternative and so was rejected.

 

·        Use of the VCHWTP for primary treatment, followed by transmission of wastewater to the IAWWTP for final treatment was rejected because it would be more costly without having any particular environmental benefits.

 

·        Larger and smaller sewer service areas were considered in the Town of Lansing. The service area chosen best meets the sewage treatment needs of the Town of Lansing.

 

·        Alternative transmission main pipe sizes were considered.  However, the proposed transmission main pipe size is the minimum necessary to meet recognized design standards.  In addition, a smaller main could not be efficiently upgraded or supplemented in the future without significant cost and duplicated construction impacts.

 

·        The DEIS contains an assessment of the use of an alternative transmission main route that would avoid the Esty’s Glen and McKinney’s Twin Glens Unique Natural Areas (UNAs). Conventional construction of the proposed route through the UNAs would permanently disturb the vegetation that has been re-established on and along the former railroad grade, and a pipe bridge crossing Twin Glens would add an additional man-made feature to the glen.  The alternative transmission route would avoid all disruption to these UNAs but would require additional pump stations and would have higher operations costs.   With the mitigation identified in Section 6.7 below, either route is viable and acceptable.  The Village of Lansing Board and Town of Lansing Board will reach consensus on which route to select and on transmission main cost-sharing issues.

 

·        The FEIS contained an analysis of the use of the Norfolk Southern railroad right-of-way for the sewer transmission main. The analysis concluded that this route is not feasible for construction and cost reasons.

 

No comments were received that would alter the Village of Lansing’s conclusion that the proposed Project best meets the objectives of the Project Sponsors.

 

  1. Findings, Basis and Rationale for Decision

 

The following discussion sets forth the Findings, basis and rationale for the Village of Lansing’s decision, including required mitigation measures.

 

6.1  Topography

            

Topography in the EIS Study Area (“the Study Area”) ranges from approximately 400 feet above mean sea level to 1100 feet above mean sea level. Topography generally slopes from east to west towards Cayuga Lake. Steep slopes are found along Cayuga Lake and along stream banks. Potential impacts relate to the potential for erosion and subsequent sedimentation of water bodies during construction, especially on steep slopes. The Village of Lansing Finds that mitigation measures shall include the following:

 

a.   Adherence to the requirements of a general stormwater permit, and preparation of a Stormwater Pollution Prevention Plan prior to construction. The plan will include erosion control measures designed in accordance with the following documents:

·        New York State Guidelines for Urban Erosion and Sediment Control (April 1997)

·        New York State General Permit for Stormwater Runoff Discharges, GP-93-06 (General Permit) Appendices D, E, and F (Stormwater Pollution Prevention Plan)

b.   Work will progress in a systematic fashion with the following phases:  land clearing, excavation, installation or construction, backfill and restoration.  All ground surfaces that will be disturbed during construction will be stabilized and restored.

 

c.   Earthwork will be performed with the objective of completing pipe trench excavation and backfilling sequentially.  After clearing of vegetation from the earthwork areas, topsoil will be removed and stockpiled for reuse. Topsoil stockpiles will also be subject to erosion control measures.

 

6.2 Geology

 

The Study Area is underlain by sedimentary rocks. Bedrock depths are relatively shallow. Blasting may be required to install sewer lines in some locations. The Village of Lansing Finds that mitigation measures shall include the following.

 

a.   Ripping shall be the preferred method of removing shallow bedrock except where the Project Engineer determines it is not feasible.

 

b.   When blasting is found necessary, all blasting operations will adhere to New York State ordinances governing the use of explosives.  The State regulations are contained in 12 NYCRR Part 39 and Industrial Code Rule 53, and include such requirements as licensing of operators; magazine (explosive storage) certification; and rules for conducting operations in a safe manner.  Proper program guidelines will be established between the State, the Project Engineer, and the blasting contractor prior to undertaking this activity.  In addition to obtaining applicable blasting certifications and complying with all blast safety requirements, a blast monitoring program will be implemented. 

 

c.   All pertinent safety regulations and standards shall be applied as required for safety, security and other related details for any blasting deemed necessary.  Applicable safety regulations are:

·        US Army Corps of Engineers Safety Manual EM 385-1-1;

·        Code of Federal Regulations A.T.F. Title 27;

·        Institute of Makers of Explosives Safety Library Publications No. 22;

·        New York State Industrial Code Rule 53.        

 

d.   Storage of all explosive materials shall be located on the site at a location approved by the blasting engineer.  Caps or other detonating devices will not be stored with Class A explosives.    Design of the powder magazine shall be in accordance with the references above.  The security for explosives and blasting materials stored on-site will be in accordance with safety requirements of the blasting engineer.

e.   Delivery and transportation of explosives from the powder magazines to the blast area will be by vehicles specifically designed for this use by the criteria outlined in the safety requirements.  Only authorized persons will transport and handle the explosives as designated by the authority of those licensed for this purpose.  At all times federal, state, and local ordinances will be followed concerning the transportation and storage of explosives.

 

f.    The designated storage site, explosive transporting vehicles, and areas where explosives are being used shall be clearly marked and will display the required warning signs.  A daily tally of all explosives delivered, used and stored will be maintained.

 

g.   Prior to blasting, necessary precautions for the protection of persons and adjoining property will be established. Such precautions shall include the following.

 

·        Appropriate signs will be erected in the area of blasting activities.

 

·        All adjoining property owners will be mailed notification of the anticipated blasting schedule.

 

·        Notification of blasting at the site will be published in newspapers prior to the blasting schedule.

 

·        A storm alert monitoring device will be used by the blasting contractor to detect any electrical build-up in the atmosphere at the blast area while using electrical caps.

 

·        Special care will be taken with detonating cords and connectors to protect from the impact of falling rocks or other impeding objects.

 

·        Vehicles equipped with radio transmitters and portable 2-way radios will not be permitted within 250 feet of blasting operations.

 

6.3  Soils

 

Impacts to soils include the potential for erosion, the generation of dust during construction and the likelihood that high groundwater will be encountered during construction. The Village of Lansing Finds that mitigation measures shall include the following.

 

a.      The mitigation measures specified in Section 6.1 of these Findings will mitigate erosion impacts.

 

b.      To mitigate the effects of dust during construction, the following measures are required.

·        All paved areas must be swept clean on a daily basis.

·        During periods of drought or little rainfall, areas devoid of topsoil will be watered regularly to minimize the amount of dust entering the air.

·        In periods of extreme rainfall or muddiness, truck washing stations will be established to avoid tracking significant quantities of soil onto area roadways.

c. To minimize the effects of high groundwater in areas where trench excavation is required, typical dewatering measures should be utilized to prevent surface water and/ or ground water from entering excavations. Typical measures shall include, but are not limited to:

·        Installation of dewatering systems utilizing wells, well points, or similar methods complete with associated pump equipment, standby power and pumps, valves and associated appurtenances.

·        Maintain the system to control groundwater and maintain relatively dry conditions to excavate and place fill on dry subgrades.

·        Dispose of water removed through the dewatering process in a manner that avoids endangering public health, property, wetlands, UNAs and portions of work already completed. This will generally involve the use of detention ponds in which sediments may settle prior to discharge.

6.4  Water Resources

a. The Project will result in the decommissioning of numerous in-ground sewage disposal systems, including individual and institutional systems. As mentioned above, septic systems in Ladoga Park along the shore of Cayuga Lake regularly flood, resulting in direct sewage discharge into Cayuga Lake.  Past Tompkins County Health Department (TCHD) surveys show that many septic systems within the Town of Lansing Sewer Study Area were in failure or were expected to fail soon.  The TCHD has expressed concerns about the four on-site sand filter systems at the Lansing Central School District (design flow of 35,300 gallons per day) that serve the schools and discharge to surface waters that drain to Salmon Creek and Cayuga Lake. The TCHD has also identified limitations or inadequacies with on-site septic systems in the Ladoga Park area, the mall near the intersection of Atwater Road and Route 34, and the tavern at the corner of Drake Road and Route 34.

The TCHD has stated that the soils in much of the Town of Lansing Sewer Study Area are marginal to poor for on-site sewage systems.  TCHD records show the Town of Lansing Sewer Study Area has a higher per capita replacement rate than the replacement rates in any of the towns in Tompkins County. The TCHD has also found that a significant number of drinking water wells it tested in the hamlet of Ludlowville were contaminated with sewage.

The Project will also result in the decommissioning of package treatment plants that have individual SPDES permits.  These package plants do not generally provide as high a level of treatment as the VCHWTP and IAWWTP will provide once their planned phosphorus upgrades are in place, because only one of the package plants provides phosphorus treatment. 

The Village of Lansing Finds the Project will have the significant positive impact of eliminating wastewater discharges to Cayuga Lake, its tributary streams, and groundwater resources, and of reducing the threat to public health.  The elimination of these discharges will improve ground and surface water quality, reduce the risk to drinking water supplies, and benefit public health.

Issues related to IAWWTP and VCHWTP discharges were outside the scope of the EIS because those plants will be operating within their previously established SPDES permit limits.  However, the Village of Lansing recognizes that with proposed improvements to these municipal plants, there will be a large net reduction in phosphorus discharge to the southern end of Cayuga Lake from these plants, even with the addition of flows from currently unsewered areas, including the Town of Lansing. 

b.   There are numerous streams located throughout the Project Area. Sewer lines are proposed to cross streams in 43 locations. None of the streams are classified as protected by the DEC in the crossing locations.

It is anticipated that the U.S. Army Corps of Engineers would authorize this Project under Nationwide Permit 12 for utility crossings of wetlands and waters.  Under this Nationwide Permit, notification (i.e., a Pre-Construction Notification or PCN) will be made if any of the following occur:

·        There was mechanized land clearing in a forested wetland.

·        A Section 10 permit is required (i.e., the project crosses a navigable water).

·        The utility crossing(s) [cumulatively] impact more than 500 linear feet of waters.

·        There are permanent above-grade fills for roads that are more than 500 linear feet in length in waters of the United States.

·        Any permanent above-grade fills for roads are constructed with impervious surfaces.

A DEC Protection of Waters permit under 6 NYCRR Section 608 is required.  A Stream Disturbance permit is not required because the Project does not impact any streams with classifications of C(t) or higher.  However, the Project will need a Section 401 Water Quality Certificate, which is also authorized under 6 NYCRR Part 608, specifically Section 608.9.  Any applicant for a federal license or permit to conduct any activity that would result in a discharge into a navigable water must obtain a Section 401 Water Quality Certificate.  Therefore, Section 401 Water Quality Certificates are required in association with US Army Corps of Engineers permits, including Nationwide Permits.

The DEC has issued blanket, or automatic Section 401 Water Quality Certificates for Nationwide Permit 12 when:

·        The Project does not involve an Article VII permit under the Public Service Law.

·        Materials are not sidecast into waters of the United States for more than 30 days.

·        Materials are not sidecast into any waterbody or stream with measurable flow.

·        When the project involves less than 1/10th an acre of permanent discharges and less than 200 linear feet of stream disturbance [cumulative].

Therefore, the need to obtain a blanket versus an individual Section 401 Water Quality Certificate will be dependent upon the length of stream disturbance associated with the utility crossings.

The Village of Lansing Finds that, in addition to compliance with all necessary federal and state permits and requirements, the following mitigation measures will be implemented to protect streams from adverse impacts.

Whenever possible, stream crossings will be constructed during the dry season in order to avoid the potential for significant flows.  Trenched stream crossings will be constructed in the “dry” where the water flow is either flumed or pumped across the work area.  This will eliminate the great majority of downstream siltation during the pipeline installation.  Hay bales and silt fences will be used as specified in the erosion control plan to prevent siltation from upslope areas.  Whenever possible, excavation will be done from the banks, keeping equipment out of the streambed.  In larger streams, the installation may be a two-step procedure.  The water flow may be diverted away from the working side by the use of a cofferdam, then reversed to install the remainder of the pipeline across the stream.  Trenching may also be done with a rock saw.  This method would also be done as a dry crossing. In addition, the following specific mitigation measures are required.

 

·        All staging areas for stream crossings will be kept at least 100 feet away from the stream.

 

·        No refueling, equipment repair or lubricating will be allowed within 100 feet of a stream unless said stream is located immediately adjacent to a road crossing, with limited access, and therefore requires such activity.

 

·        Proper spill containment will be used to isolate these activities and minimize the potential for spills in such instances.

 

·        Whenever possible, stream crossings will be avoided at a stream bend, in areas of undercut banks, or in areas where the bank is unstable.

 

·        In areas where long slopes lead to streams, water bars will be installed.  Otherwise, silt fences and/or hay bales will be installed.

 

·        The necessary grading and brush clearing of stream banks will take place immediately prior to trenching in order to minimize the exposure of bare soil.

 

·        Stream bank and flood plain stabilization measures will be immediately implemented upon completion of construction.

 

·        In-stream disturbances will be minimized.

 

·        All trenching will be performed in such a way so as to prevent the introduction of sediments into streams.

 

·        No flow obstructions will be left in the streambed or channel.

 

·        The streambed and banks will be restored as close to the original contours as possible.

 

·        If a stream crossing is located within a wetland, the crossing will be designed to minimize the length of any right-of-way constructed parallel to a stream course within the wetland.  Silt fencing and/or haybales will be used to insure that siltation is minimized and retained within the work area.  The bank and trench spoil piles will be isolated from the wetland by silt fences.  Separation of topsoil and subsoil will be necessary during the bank excavation within the wetlands.  Care will be taken to reestablish the stream channel in the original location and condition.

 

·        Any stream banks will be restored to the original contour and stabilized.

 

·        The conditions at some stream crossings may make trenching difficult and unacceptable from a construction standpoint.  In these areas, a directional bore crossing method may be used. The potential impact from directional boring is the potential of leakage of the cutting and lubricating fluid.  The starting and ending points for the directional bore will be in uplands.  The directional bore work areas will be protected with silt fences in order to contain any surface outflows of the liquid.  Fluid flow controls will be available to quickly seal any leakage.  Any leakage will be removed from the boring location, and the area restored prior to removal of silt fences.

Sewer lines will be located within mapped 100-year floodplains in several locations. However, since the lines will be underground, no adverse impacts are anticipated.

Sewer lines will come in close proximity to a private water supply cistern at 1203 East Shore Drive and, depending on the exact location of construction routing, a public water supply well point on Burdick Hill Road. To mitigate the potential impact of water contamination from leaking sewer lines, the Village of Lansing Finds that lines must be double sleeved within 100 feet of these water supplies.  The Village of Lansing further Finds that during construction, the location of the East Shore Drive cistern must be marked in the field and all construction activities must be maintained at a safe distance from the cistern to avoid adverse impacts.  The safe distance will be determined in the field based on soils characteristics. 

The conceptual future sewer plan in the Town of Lansing Planning Area also involves the crossing of approximately 50 streams, including one regulated stream. The Village of Lansing Finds that mitigation measures identical to those identified above should be considered should this plan be advanced beyond the conceptual stage.

6.5 Flora and Fauna

Correspondence was sent to the State and Federal governments regarding the presence of rare, threatened or endangered species in the DEIS Study Area.

The United States Department of the Interior Fish and Wildlife Service (USFWS), indicated that there are no Federally listed or proposed to be listed rare, threatened or endangered species under the jurisdiction of this agency within the EIS Study Area.

According to the New York State Department of Environmental Conservation Natural Heritage Program, there are several State listed rare, threatened or endangered species within the EIS Study Area. Areas potentially impacted by the Project are the Esty’s Glen and McKinney’s Twin Glens and Lake Cliffs UNAs. The DEC prohibits the precise location of such species from being made public in order to protect the species. The list of potential species is in the possession of the Project Sponsors.

Impacts to rare, threatened and endangered species relate to the disruption of their habitat or the direct destruction of the species themselves. A biological survey of the proposed sewer transmission routes will be performed in the locations listed by the DEC prior to construction to ensure no such species will be disturbed.  The Village of Lansing Finds that with this survey and with the mitigation required by Section 6.7 below, no adverse impacts will occur.

6.6 Wetlands

The proposed Project will not affect any known or mapped State or Federally regulated wetlands. Because small, unmapped wetlands are sometimes found to exist in the field, the Village of Lansing Finds that prior to construction, the proposed construction route will be walked by a wetland scientist to confirm this Finding.  Should any wetlands be found to exist, a mitigation plan shall be developed.

The conceptual future sewer plan in the Lansing Planning Area involves the crossing of the Head Corners Wetland, which is Federally regulated and which is also a designated Tompkins County Unique Natural Area. The Village of Lansing Finds that an alternate route and other mitigation measures should be investigated during the environmental review that will be done should this plan be advanced beyond the conceptual stage. 

The conceptual future plan also locates a sewer line along Benson Road within 100 feet of DEC wetland WG-14.  If this plan is advanced beyond the conceptual stage, construction of this sewer line would require a permit.  The Village of Lansing Finds that additional mitigation measures should be considered should this plan be advanced beyond the conceptual stage.

6.7 Unique Natural Areas

UNAs are sites with outstanding environmental qualities, as defined by the Tompkins County Environmental Management Council. There are 42 UNAs in the Project Area. Sewer lines will pass through UNAs in several locations. The Village of Lansing Finds that the following specific measures will be implemented to mitigate adverse impacts to UNAs.

a. Impacts to UNA 55, Lower Salmon Creek, relate to the need for construction mitigation of short-term impacts related to installation of the sewer main on the bridge so that it may cross this stream.  Such mitigation measures are discussed in Finding 6.4.

b.   Impacts to UNA 63, Shurger Glen, are anticipated to be minimal, as the proposed sewer line route will avoid the wooded portion of the lower glen. Mitigation measures are therefore those for soil and erosion control discussed in Finding 6.3.

c.   Impacts to UNAs 64 and 89, the Lake Cliffs, relate primarily to the need for soil erosion control. Such mitigation measures are discussed in Finding 6.3.  In UNA 89, trenchless technology will be used where appropriate to avoid excavation through identified and surveyed vegetative communities that are known to be or identified as rare or endangered.

d. Impacts to UNA 90, Esty’s Glen, are limited to the potential for disturbance of the edge of the UNA from construction in the road right-of-way. Mitigation measures are those for soil and erosion control discussed in Finding 6.3.

e.   Impacts to UNA 103, McKinney’s Twin Glens and Lake Cliffs, primarily relate to the potential for disturbance of protected species. In these areas a biological survey of the proposed sewer line route will be constructed prior to construction to ensure that no such species will be disturbed. Trenchless technology will be used where appropriate to avoid excavation through identified and surveyed vegetative communities that are identified as rare or endangered.

f.    Impacts to UNA 102, the Renwick Slope, are anticipated to be minimal because the route will follow an existing sewer line right-of-way that is mowed and maintained for that purpose. Mitigation measures are those for soil and erosion control discussed in Finding 6.3.

g.   With respect to UNAs 53 and 54, no significant impacts are anticipated and therefore no mitigation measures are proposed.

h.   With respect to general construction, the following mitigation measures have been identified.

·        The construction route will be marked in the field and temporary barriers erected to protect adjoining trees and vegetation.

·        All trees over 12” diameter at breast height will be marked; if possible, the route will be adjusted in the field to avoid the destruction of such trees.

·        Construction equipment and materials may not be staged within the boundaries of UNAs except where no alternative location exists.

i.    The EIS contained a discussion of the possible use of the former railroad right-of-way, which is on private property, as a recreation trail. Discussions with the impacted landowners show they do not favor creation of a public pedestrian right-of-way.  Such a trail would not directly mitigate the environmental effects of the proposed transmission main, although it would increase recreational opportunities.  The Village of Lansing Finds that conversion of private lands for recreational trail purposes is a controversial matter with the affected landowners and the location of any future trail will require more public input and discussion before the Village of Lansing Board can make a decision.

 

j.    Sewer line routes proposed in the conceptual plans for the Lansing Planning Area will undergo additional environmental review should these plans advance beyond the conceptual stage.  In the conceptual plans, sewer line construction is proposed to occur within several UNAs. Construction would occur along the roadside edges of the Lake Cliffs, the Ludlowville Woods, DEC Wetland WG-14, the Minnegar Brook Woods and the Lower Salmon Creek UNAs. Since construction would occur along the roadside edge of these areas, no significant disruption or disturbance would be expected, other than short-term disruptions to wildlife from construction associated noise.  The Village of Lansing Finds no mitigation measures are likely to be necessary should this plan be advanced beyond the conceptual stage, as long as construction is proposed for only roadside edges.

UNA 64 is a unit of the Lake Cliffs UNA. The primary potential impact in this area is the potential for erosion and sedimentation from construction on steep slopes. The Village of Lansing Finds that mitigation measures discussed in Finding 6.3 should be considered for construction in this area should this plan be advanced beyond the conceptual stage.

As previously discussed, UNA 65 is the Head Corners wetland, a federally regulated wetland. A potential sewer line is shown to be constructed directly through this UNA, resulting in the potential for short and long-term habitat disruption and destruction. The Village of Lansing therefore Finds that an alternative to this route and other mitigation measures should be explored should this plan be advanced beyond the conceptual stage. 

6.8 Climate and Air Resources

The Project will have no direct impact on air resources other than the generation of dust during construction. The Village of Lansing Finds that the mitigation measures for construction dust generation found in Finding 6.3 are required.

6.9 Visual Resources

The Project is not anticipated to have any adverse direct impacts on visual resources because the sewer lines will be underground and because the proposed pump station buildings will be small and unobtrusive. The Village of Lansing Finds therefore Finds that no mitigation measures are required.

6.10 Odors

Adverse impacts related to odors are limited to those from improperly operated wastewater pumping stations. Mitigation measures are related to proper operation and venting. If problems persist, the Village of Lansing Finds additional mitigation measures such as biofilters, carbon filtration and chemical addition are required.

6.11 Noise

The only noise-related impact identified from operations relates to that from emergency generators when in use at the pump stations. These generators will be enclosed and they will be used infrequently (only when electric supply is disrupted or during infrequent testing periods). The Village of Lansing therefore Finds that this impact is not considered significant and no mitigation measures are required.

Construction equipment and blasting will generate noise during construction.  This noise will be generated on a short-term basis and represents a short-term, adverse impact. The Village of Lansing Finds that construction equipment shall be properly maintained in order to minimize this impact to the maximum extent practicable.

6.12 Cultural Resources

A Stage 1A Cultural Resources Survey was conducted for areas proposed for construction. The survey identified the possibility of encountering cultural resources in areas that have not been previously disturbed. The Village of Lansing finds that the Project Sponsors will consult with the New York State Historic Preservation Office (SHPO) as to the extent and nature of any required 1B Field Investigation and will undertake such a survey in accordance with the direction of SHPO.  The Village of Lansing further Finds the results of any required 1B testing and any mitigation plan must be considered by the Town of Lansing once a preliminary design is completed for the exact sewer routes.

6.13 Land Use and Zoning

The Project will have no direct impacts to land use or zoning. The Village of Lansing therefore Finds that no mitigation measures are required.

6.14 Transportation

The Project will have no direct impacts on transportation resources. During construction there will be short-term disruptions of traffic patterns. The Village of Lansing Finds that a Maintenance and Protection of Traffic Plan shall be developed to mitigate adverse transportation impacts during construction.

6.15 Demographics

The Project will have no direct impacts on demographics. The Village of Lansing therefore Finds that no mitigation measures are required.

 

6.16 Fiscal Impacts

The Project will be paid for out of a combination of State Bond Act grants, low interest loans and local matches (which may include bonds). The Village of Lansing Finds that no adverse impacts have been identified with respect to Fiscal impacts, and therefore no mitigation measures are required.

6.17 School Districts

The Project will have no direct adverse impacts on school districts. The Project will have the positive impact of eliminating on-site wastewater discharges at Lansing Central School District schools. The Village of Lansing Finds that no mitigation measures are required as no adverse impacts have been identified.

6.18 Community Services

The Project will have no direct impacts on community services. The Village of Lansing therefore Finds that no mitigation measures are required.

6.19 Growth Inducing Impacts

The EIS contained an extensive analysis of growth that could be induced in the Towns of Lansing and Dryden and the Village of Lansing as a result of the Project. The assessment covered three scenarios: Scenario 1 (growth at existing rates); Scenario 2 (moderately increased growth); and Scenario 3 (a highly increased rate of growth).

The analysis assessed the amount of residential and commercial growth that could occur over a 20-year period under each scenario and calculated impacts to transportation systems, school districts, community services, employment, municipal budgets and the region from each scenario. The analysis further analyzed impacts to land uses and calculated the amount of vacant and agricultural land that could be converted to developed land under each scenario.

 Specific findings from the analysis include:

·        With one exception, the future residential and commercial growth projections for all Scenarios are significantly less than the maximum amount of development that could theoretically occur under current zoning.  The one exception is for commercial development in the Village of Lansing, where all remaining commercial square footage will be developed before the end of the 20-year period under even the lowest growth scenario, Scenario 1 (historic growth rates).

·        Under Scenarios 2 and 3, the Lansing Central School District would experience enrollment increases in line with historic trends in this school district.  Projected increases for the Ithaca City School District and Dryden Central School District under Scenarios 2 and 3 would reverse a trend of declining enrollment, but the number of students added each year is not significant when compared to existing enrollments and the fact the students would be spread out over all grades.

·        Impacts on school budgets are relatively small. Growth under Scenario 3 results in annual budget deficits ranging from 0.10% to 1.06%.  The impact would be even smaller under the other scenarios.

·        Impacts to municipal budgets under Scenario 3 result in deficits of 0.7% in the Village of Lansing, 5.2% in the Town of Dryden, and 7.2% in the Town of Lansing.  Deficits are much smaller under Scenario 2.

·        Under accepted planning standards, adequate numbers of personnel and vehicles exist for firefighting and emergency medical services under all Scenarios.  The number of police officers who serve the entire County currently falls short of planning standards, but if the officers in police agencies serving specific municipalities and organizations are factored in, there are more than the recommended numbers of officers.  To the extent the number of officers serving the entire County falls below planning standards, this is an existing County-wide issue that is not attributable to the Project.  The Project will not make this situation worse to the extent public sewers induce growth that simply displaces growth from one location within the County to another.

·        Under accepted planning standards, more than adequate amounts of park acreage are available to residents within the EIS Study Area under all Scenarios.

·        Traffic impacts changed very little when Scenario 1 (existing growth rates) is compared to Scenarios 2 and 3.  There is very little change in traffic volumes at critical intersections throughout the area examined by the traffic model under all Scenarios.  Two intersections are projected to experience significant declines in Level of Service, but such declines are expected even under Scenario 1 and thus are not attributable to the Project.  In addition, one stop sign-controlled intersection saw a change in Level of Service as a result of the Project.  This intersection changed from an A to a B Level of Service.  There is very little change in the overall link volumes in all Scenarios.

·        Public transportation services are not expected to be significantly impacted because the volume of growth attributable to the Project is relatively small.  When considering proposed land use patterns, the relevant municipalities should nonetheless consider, where appropriate, mixed use development patterns that take advantage of or enhance transit connections.

·        Significant employment is projected under all Scenarios because of projected commercial development.  This increased employment is a positive impact.  However, the difference in employment numbers between Scenario 1 (the historical rate of growth) and Scenario 3 is relatively small.

·        Land projected to be converted to developed status under Scenarios 2 and 3 would result in significantly more land conversion over the 20-year planning period than has occurred over the past 10 years.  This is not a significant impact, given that the planning period is twice as long as the 10-year benchmark.

·        If development in the EIS Study Area were to favor agricultural lands, as opposed to other vacant lands, significant conversion of agricultural lands could result.  However, it is extremely unlikely that all development would occur on just agricultural lands.  In addition, the Study Area contains relatively little of the total active agricultural lands within the Towns of Lansing and Dryden.  Only 7.4% of the Town of Lansing’s 12,073 acres of agricultural lands are in the Study Area; 11.2% of the Town of Dryden’s 9,004 acres of agricultural lands are in the Study Area.  To the extent public sewers will promote infill and development within the Study Area, the significant amount of agricultural land located outside the Study Area may feel less development pressure.  For all of these reasons, the overall impact to agricultural lands in the Study Area municipalities could be adverse but is not expected to be significant.  To the extent the affected municipalities wish to conserve agricultural and open space lands, they can explore mitigation measures through their local planning and zoning processes.  Mitigation measures could include limiting the scope of uses and densities allowed on agricultural and open space lands, providing for the transfer of development rights, and providing for clustered subdivisions.

·        Population and commercial growth patterns in the region could be altered, but such impacts are difficult to quantify because they depend on a myriad of personal and individual business judgments.  The levels of population growth under Scenarios 2 and 3 are not of the scale likely to result in significant new commercial development in the region.  The overall regional impact on agricultural land and open space is small because relatively small amounts of such lands are located in the EIS Study Area when compared to that available in the entire region.  The Project will have a positive regional impact to the extent it will promote infill development in areas that are already partially developed, thus decreasing development pressures on undeveloped lands outside the Study Area. 

The Village of Lansing Finds, based on the above information, that no significant growth-induced impacts will occur under any Scenario. The analysis will nonetheless be useful to the affected communities as a planning tool. The affected communities will be able to use the results of the analysis as they assess future growth in order to determine whether their zoning and planning policies are adequate or require revision.

6.20 Alternatives

The Village of Lansing Finds, based on the discussion and conclusions in Section 5 above and in this Section 6, that the proposed Project best meets the Sponsor’s objectives while minimizing adverse environmental impacts.

6.21 Intermunicipal Wastewater Agreement

The Intermunicipal Wastewater Agreement sets out a framework for flow diversions and for coordination of operations between the VCHWTP and IAWWTP.  It also contains proposed new service area boundaries for these two plants.  Sufficient permitted capacity exists at the IAWWTP to accommodate the flow diversions described in the EIS.  The Village of Lansing Finds, based on the discussion and conclusions in Sections 4 and 5 above and in this Section 6, that implementation of the Intermunicipal Wastewater Agreement and of the new service area boundaries are appropriate.  With the mitigation identified in these Findings, any remaining environmental impacts will be acceptable and will be outweighed by the Project’s benefits.

7.  Certification

 

Based on the foregoing, the Village of Lansing certifies:

 

That it has considered the relevant environmental impacts, facts and conclusions disclosed in the EIS.

 

That it has weighed and balanced the relevant environmental impacts with social, economic and other considerations.

 

That it has provided a rationale for its actions; specifically, it has weighed and balanced the relevant environmental impacts with social, economic and other considerations; and made a determination that the significant benefits that will result from Proposed Actions outweigh the identified adverse environmental impacts given the measures that have been imposed by the Village of Lansing in order to ensure the potentially significant adverse environmental impacts have been mitigated to the maximum extent practicable.

 

That the requirements of 6 NYCRR Part 617 have been met.

 

That consistent with social, economic and other essential considerations from among the reasonable alternatives available, the Ithaca Area Municipal Wastewater Collection Improvement Project is the alternative that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable.