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1 United States Department of the Interior NATIONAL PARK SERVICE North Country National Scenic Trail P.O. Box 288 Lowell, Michigan B (NOCO-NY) April 26, 2016 Ms. Sandra Lare, Project Manager Tetra Tech, Inc. 285 Ellicott Street Buffalo, New York Subject: Gas Supply Corporation and Empire Pipeline, Inc. proposed natural gas pipeline in Bear Creek State Forest, Cattaraugus County, New York Dear Ms. Lare: I received and reviewed the Draft North Country National Scenic Trail/Finger Lakes Trail Crossing Mitigation Plan that you provided in support of Gas Supply Corporation s Northern Access 2016 Project. I agree with the mitigation measures, communication protocols, and restoration plans you have established to minimize the impact of the proposed action on the North Country National Scenic Trail/Finger Lakes Trail. Therefore, I approve the draft mitigation plan. If there should be any changes to the proposed action or deviation from the agreed upon protection and mitigation measures, please contact us and Mr. Howden with the Finger Lakes Trail Conference immediately before allowing any activity to occur. Thank you for contacting us regarding this matter and for your exceptional cooperation and communication. Mark Weaver cc: Bruce Matthews, Executive Director, North Country Trail Assn., 229 E. Main St., Lowell MI Marty Howden, Regional Trail Coordinator, Finger Lakes Trail Conference, 6111 Visitor Center Rd., Mt. Morris NY Mary Krueger, Energy Specialist, National Park Service, Northeast Region, 15 State St., Boston MA 02109
2 May 16, 2016 Denise Caldwell New York State Department of State Office of Planning and Development Attn: Consistency Review Unit Suite 1010 One Commerce Plaza, 99 Washington Avenue Albany, NY RE: Gas Supply Corporation and Empire Pipeline, Inc. () Northern Access 2016 Project Federal Consistency Assessment Form Blasdell Metalico Pipe Yard Dear Ms. Caldwell: On behalf of Gas Supply Corporation ( Supply ) and Empire Pipeline, Inc. ( Empire ) (collectively ), enclosed please find a completed Federal Consistency Assessment Form for the proposed Northern Access 2016 Project ( Project ). The Project includes approximately 96.9 miles of new 24-inch diameter pipeline for natural gas transmission, from Sergeant Township, McKean County, Pennsylvania, to an interconnection with Supply s existing Line X-North, at Supply s existing Porterville Compressor Station in the Town of Elma, Erie County, New York. The Project also includes construction of a new compressor station, a new gas dehydration facility, and increased compression at an existing compressor station, and an approximately 2.1-mile pipeline (EMP-03 Pipeline). Although none of the proposed Project facilities are located in the New York State Coastal Zone, an industrial area proposed for temporary use as a pipe storage yard is partly in the Coastal Zone. The proposed Blasdell Metalico Pipe Yard is partially located within the New York State Coastal Zone boundary on Lake Avenue in the Village of Blasdell, Erie County, New York (see attached figures). The site is zoned industrial and no permanent structures will be built on the site for the purpose of the Project. The only temporary modification to the site will be in the form of construction trailers that will park there temporarily during construction. The pipe yard location is outside of the Hamburg Local Waterfront Revitalization Plan boundary. As such, only the State Coastal Policies apply to the site. Tetra Tech Inc. 301 Ellicott Street, Buffalo, New York Tel Fax tetratech.com
3 Ms. Denise Caldwell Page 2 Per the requirements of the Federal Consistency Assessment Form, please find enclosed an electronic copy (on CD) of the Section 401/404 Joint Application for Permit that was submitted to the New York State Department of Environmental Conservation and the U.S. Army Corps of Engineers on February 29, If you have any questions or need additional information, please contact me at any time. Tetra Tech, Inc. Sandy Lare Environmental Project Manager, Environmental Contractor Consultant to Enclosures: Federal Consistency Assessment Form Project location figures in New York State Coastal Zone Section 401/404 Joint Permit Application for Permit (on CD) Cc (electronic pdf files to): Bruce Clark ()
4 STATE OF NEW YORK DEPARTMENT OF STATE O NE C OMMERCE P LAZA 99 W ASHINGTON A VENUE ALBANY, NY ANDREW M. CUOMO GOVERNOR R OSSANA ROSADO SECRETARY OF STATE August 15, 2016 Sandy Lare Tetra Tech, Inc. 285 Ellicott Street Buffalo, NY F Docket No. CP /CP Install ~96.9 miles of new 24 diameter pipeline for natural gas transmission, and construct a new compressor station, a new gas dehydration facility, and increased compression at an existing compressor station, and an approximately 2.1-mile pipeline. Erie, Niagara, Allegany, and Cattaraugus Counties Status of Consistency Review Dear Ms. Lare: The Department of State is required to notify you of the status of our review of this project for its consistency with the New York State Coastal Management Program if a decision has not been issued within three months following commencement of our consistency review. We cannot complete our consistency review for this project until we coordinate our findings with the involved Federal, State, and local agencies specifically the Town of Wheatfield Local Waterfront Revitalization Program. Please contact me at REMendez_DS@svc.ny.gov or at (518) if you have any questions. Rosa E. Méndez Consistency Review Office of Planning and Development
5 February 24, Northern Access 2016 Project Brown Site Revised Alignment Thank you for requesting the comments of the New York State Historic Preservation Office (SHPO). We have reviewed the Brown Precontact Site ( ) Alignment Change in accordance with Section 106 of the National Historic Preservation Act of These comments are those of the SHPO and relate only to Historic/Cultural resources. Given the minor nature of the alignment change and the use of matting to reduce ground disturbance, the SHPO has no cultural resource concerns and does not recommend any additional archaeological survey work. If you have any questions, I can be reached at (518) Nancy Herter Archeology Unit Program Coordinator nancy.herter@parks.ny.gov via only
6 March 03, Northern Access 2016 Project Thank you for continuing to consult with the New York State Historic Preservation Office (SHPO). We have reviewed the revised Historic Resources Survey Report, Northern Access 2016 Project, prepared by Tetra Tech in February 2016 according to Section 106 of the National Historic Preservation Act of The following comments relate only to above-ground Historic/Cultural resources. They do not include potential environmental impacts to New York State Parkland that may be involved in or near your project. Such impacts must be considered as part of the environmental review of the project pursuant to the National Environmental Policy Act and/or the State Environmental Quality Review Act (New York Environmental Conservation Law Article 8). Based upon this review, it is the New York SHPO s opinion that your project will have no adverse effect on above-ground historical resources listed in or eligible for the New York State and National Registers of Historic Places. If further correspondence is required regarding this project, please be sure to refer to the Project Review (PR) number noted above. Ruth L. Pierpont Deputy for Historic Preservation
7 April 22, Northern Access 2016 Project Alleghany, Cattaraugus, Erie, and Niagara Counties Thank you for requesting the comments of the New York State Historic Preservation Office (SHPO). We have reviewed the Addendum Phase I Archaeological Investigations Report, dated February 2015, in accordance with Section 106 of the National Historic Preservation Act of These comments are those of the SHPO and relate only to Historic/Cultural resources. Based on this review, the SHPO concurs with the results and recommendations presented in Table of the Report. In regards to archaeological site identification, the SHPO understands that two sites were identified: the Porterville 1 Precontact Site and the Hinsdale Contractor Yard Precontact Site. It is the SHPO s opinion that the Hinsdale Contractor Yard Site is not National Register eligible, and we recognize that the Porterville 1 Precontact Site is no longer within the Area of Potential Effects (APE). Therefore, we have no further concerns with these two archaeological sites. If you have any questions, I can be reached at (518) Nancy Herter Archeology Unit Program Coordinator nancy.herter@parks.ny.gov via only
8 April 24, Northern Access 2016 Project Docket No. CP Thank you for requesting the comments of the New York State Historic Preservation Office (SHPO). We have reviewed the Brown Site ( ) Phase 2 Archaeological Investigation Report, prepared by Tetra Tech and dated March 2016, in accordance with Section 106 of the National Historic Preservation Act of These comments are those of the SHPO and relate only to Historic/Cultural resources. Based on this review, the SHPO has accepted the Brown Site Phase 2 Report and has no further comments regarding this document. It is the SHPO s opinion that the research potential of the Brown Site has been exhausted and no further archaeological investigations are recommended for this site. If you have any questions, I can be reached at (518) Nancy Herter Archeology Unit Program Coordinator nancy.herter@parks.ny.gov via only
9 August 5, Northern Access 2016 Project Allegany, Cattaraugus, Erie and Niagara Counties Thank you for requesting the comments of the New York State Historic Preservation Office (SHPO). We have reviewed the Second Addendum Phase I Archaeological Investigations Report, prepared by Tetra Tech and dated July 2016, in accordance with Section 106 of the National Historic Preservation Act of These comments are those of the SHPO and relate only to Historic/Cultural resources. Based on this review, the SHPO understands that no archaeological sites were identified by this survey and that only approximately 0.7 ha (1.7 ac) of the NA2016 Area of Potential Effects (APE) still requires a Phase IB archaeological investigation. The SHPO has no comments or concerns regarding the results of the second addendum survey. If you have any questions, I can be reached at (518) Nancy Herter Archaeology Unit Program Coordinator nancy.herter@parks.ny.gov via only
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