Town of Batavia West Main Street Road Sewer District Community Development Block Grant Program Notice of Findings and Explanation


Town of Batavia West Main Street Road Sewer District

Community Development Block Grant Program

Notice of Findings and Explanation

Floodplain & Wetland Management Review


The Town of Batavia, 3833 West Main Street, Batavia, New York, 14020, Gregory Post, Supervisor and Chief Executive Officer, has completed a Floodplain & Wetland Management Review of proposed improvements to the West Main Street Road Sewer District. Based on the Flood Insurance Rate Maps published by the Federal Government for the Town of Batavia, it has been determined that portions of the project may be located within the 100-year floodplain. Based on Federal and State wetlands mapping, it has been determined that portions of the project may be located within designated wetland areas.

In order to implement the proposed project, the Town, as lead agency, has undertaken a review of the proposed action pursuant to the requirements for Floodplain & Wetland Management. The review process includes the identification of measures to mitigate potential adverse effects, and the provision of an opportunity for public comment.

The Town of Batavia has concluded that the construction of the West Main Street Road Sewer District, as proposed, is the preferred alternative and should proceed subject to the mitigation measures outlined below. In reaching this conclusion, the Town considered the following alternatives.

a. Alternative Sites The proposed alignment of the sanitary sewer system was determined to be the most cost-effective, based upon the location of existing roadways, concentrations of homes, businesses and mobile home parks, and known problems with failing septic systems. The road rights-of-way represent the shortest and most direct route between the properties to be served by sanitary improvements. Sanitary sewer service cannot be extended to this area in a cost-effective manner without the possibility of locating sewer lines in or near the floodplain and wetlands along these roadways.

b. Alternative Actions The Preliminary Map, Plan and Report for the West Main Street Road Sewer District considered an alternative which involved building a new package wastewater treatment facility near the intersection of Kelsey Road and West Main Street Road, in addition to installing sanitary collection facilities. This alternative increased the project cost by $2 million and did not capitalize on existing treatment operations at the wastewater treatment facility shared by the Town of Batavia and the City of Batavia. As a result, it was not considered cost-effective nor preferable to the proposed alternative.

c. No Action If the Town takes no action, leaks or failures of individual septic systems would continue to discharge untreated wastewater into local water bodies including Tonawanda Creek. Residents and visitors to this area would continue to risk exposure to potentially serious pathogens. While potential adverse effect to the floodplain and wetlands would be avoided, on-going adverse impacts to water quality would continue. The no action alternative would preclude the opportunity to provide a reasonable and effective solution to the known public health and safety problems in this area.

The potential impacts of the use of CDBG assistance to implement the project within the floodplain and wetland areas include:

Negative Impacts - Installation of the sewer line will involve a crossing of the stream course and floodplain associated with Tonawanda Creek along West Main Street Road and possibly of other floodplain and wetland areas along the alignment. The sewer line will be installed beneath the stream bed and banks of Tonawanda Creek using directional drilling in order to minimize disturbance of this sensitive area. Stream crossing and wetland permits will be obtained, as needed, from NYSDEC and the Army Corps of Engineers. These permit processes provide ample opportunity to establish construction practices to mitigate potential adverse impacts associated with construction.

The project will not exert significant physical impacts on the floodplain and wetland resources, as excavation will not be extensive and all construction will be completed within a relatively short time. Erosion control measures will be implemented to prevent sedimentation in these areas. As the sewer line will be installed below ground, it will not impede floodwater flows or affect surface drainage patterns.

Positive Impacts - Positive impacts associated with the project include the provision of a reliable means of wastewater disposal for homes and businesses in the service area and the elimination of the discharge of inadequately treated wastewater from failing septic systems. The Genesee County DOH recommended the installation of sanitary sewer improvements as the most effective solution to the public health problem facing residents.

Teressa M. Morasco, Town Clerk

There are a number of measures that may alleviate or mitigate the potential adverse impacts of the proposed action, including:

a) The sewer line will be installed beneath Tonawanda Creek via directional drilling.

b) The Town will work with the U.S. Army Corps of Engineers and NYSDEC to obtain needed wetland permits.

c) A floodplain development permit will be obtained in accordance with the Town of Batavia local floodplain management law.

d) Erosion control measures will be implemented to prevent sedimentation in areas of ground disturbance. Disturbed areas will be backfilled, graded, and seeded as quickly as possible following construction.

A description of the proposed activities and the floodplain and wetland review process has been prepared and may be examined and copied, upon request, at the Town Hall, 3833 West Main Street, Batavia, New York, 14020, during normal business hours. Written comments may be submitted at the same address. In order to be considered, such written comments should be received at the above address on or before April 20, 2012.

In addition, the findings have been sent to the following agencies for review and comment:

NYS Housing and Community Renewal
NYS Department of Environmental Conservation
NYS Office of Parks, Recreation and Historic Preservation 
NYS Department of Agriculture & Markets 
NYS Department of Transportation
Federal Emergency Management Agency
U.S. Army Corps of Engineers 
USDA Rural Development
Genesee County Planning Department