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HomeMy WebLinkAboutLIPA Feeder Cable JOSEPH W. PROKOP, PLLC (A�' ATTORNEY AT LAW 267 CARLETON AVENUE Suite 301 jwprokopesq@aol.com CENTRAL. ISLIP,NEW YORK 11722 TELEPHONE (631) 234-6200 Cell Phone(631)365-7412 FACSIMILE (631)234-6205 September 26,2016 Hon. Basil Seggos, Commissioner C� C D �/ C New York State Department of Environmental Conservation D 655 Broadway SEP 2 7 2016 Albany,New York 11222 SUPERVISOR'S OFFICE- Re: Village of Greenport Notice of Adoption of Lead Agency Status 'OWN OFSOUTHOLD And Lead Agency Dispute Referral 6 NYCRR 617.6(b)(5) Proposed Action: New 13 kv underground feeder cable from Southold 8J Substation through Village of Greenport to Shelter Island NOTICE TO INVOLVED AGENCIES OF TIME TO RESPOND (6 NYCRR 61.7.6(b)(5)(ii)) All involved agencies have ten (10) calendar days from the date of the receipt of this notice of referral to provide comments regarding this referral to the Commissioner of the New York State Department of Environmental Conservation Dear Commissioner Seggos: Preliminary Statement There is presently a dispute between the Village of Greenport and the Long Island Power Authority regarding the proper lead agency for the above action which has not been resolved within the thirty day period prescribed by 6 NYCRR 617.6(b)(5). The Village of Greenport by this correspondence hereby respectfully submits this dispute as to lead agency status to you as Commissioner pursuant to 6 NYCRR 617.6(b)(5). The Action that is the subject of this lead agency dispute and referral is the proposed construction and installation of a new 13kv underground feeder cable to be constructed to run a combination of underground and underwater for a distance of 3.1 miles. The proposed route of the new feeder cable is from a LIPA substation located in the Town of Southold,then underground under Front Street, a New York State Highway, east to the Village of Greenport's western boundary, then continuing into the Village of Greenport, easterly,under Front Street, to the intersection in the Village of Front Street and Fifth Street, Fifth Street being a Village of Greenport public roadway,then southerly under Fifth Street, to the Village of Greenport park known as the Fifth Street Beach, then underground, and underwater, under the Shelter Island Sound, from the Fifth Street Beach to a point in the community of Shelter Island Heights, on the western shore of Shelter Island. The proper SEQRA review of the Project can only be completed by the Village of Greenport due to the unique circumstances and environmental concerns of the Village and the location of the park, and the developed properties and other resources that are located in the Village and for the other reasons stated in this referral letter. Statement of Involved and Interested Agencies and Jurisdiction Pursuant to 6 NYCRR 617.6(b)(5)(n): The project requires the approval of the following agencies; 1. The Board of Trustees of the Village of Green ort,. The approval of the Board of Trustees of the Village of Greenport is required because the project proposes construction in the Village of Greenport,and requires an easement under Fifth Street, a Village public road, and the Fifth Street Beach, a Greenport Village park, The approval of the Board of Trustees of the Village of Greenport has not been granted as of this date. The Village of Greenport also has the authority to regulate surface water within one thousand five hundred feet(1,500') of the shorelines of the Village to the extent that construction of the connection line will involve surface water activities within that area. The Village of Greenport adopted lead agency status by a resolution dated August 25,2016. 2. The New York State Office of Government Services. The project requires a grant of an easement under underwater lands for the cable to run from the Village of Greenport under the Shelter Island Sound to the Town of Shelter Island. The Village of Greenport received notice from LIPA that an application was going to be made to the NYS OGS for the grant of the easement however it is the understanding of the Village of Greenport that an application to the NYS OGS has not yet been made by LIPA. 3. The United States Army Corps of Engineers. The Project requires the approval of the United States Army Corps of Engineers due to the location of the project in the Shelter Island Sound. The Village of Greenport received notice that an application was made by LIPA to the USACE on or about September 16,2016. 4. The New York State Department of Transportation. The Project proposes to be located under the New York State Highway Front Street, and requires the approval of the New York State Department of Transportation. 5. The New York Metropolitan Transportation Authority. The Project proposes to cross MTA property in the Village of Greenport where the Long Island Rail Road track crosses Fifth Street, and requires MTA approval. 6. The Town of Southold. The Project proposes construction in the Town of Southold requiring the approval of the Town of Southold. 2 7. The Town of Shelter Island. The Project proposes to terminate on land owned by the Shelter Island Heights Association, a homeowners association, on Shelter Island, and will involve construction in the Town of Shelter Island requiring the approval of the Town of Shelter Island. 8. The New York State Department of State Division of Coastal Resource Management. 9. The New York State Department of Environmental Conservation. 10, The Long Island Power Authority-the sponsor-applicant-owner of the Project is the Long Island Power Authority. Information Relevant to this Referral The Village of Greenport is located in the'Town of Southold, in the North Fork area of eastern Suffolk County, and is located north and west of Shelter Island. The Fifth Street Beach that is one of the areas to be affected by the Project, is located approximately one mile from the community of Shelter Island Heights which is located on the western shore of the Town of Shelter Island. The area of Front Street and Fifth Street in the Village of Greenport, is a developed commercial and residential area. Front Street is the location of homes, small businesses, religious establishments and schools. Fifth Street is a quiet developed residential community leading in a southerly direction to the Fifth Street Beach, which is a Village of Greenport park. The Greenport line of the Long Island Rail Road crosses Fifth Street in an east-west direction, about eight hundred feet(800') south of Front Street. The Village of Greenport has its own electric utility system, the Greenport Village Municipal Electric Utility. The Village of Greenport is not located in the LIPA service territory and therefore does not have a franchise agreement that provides access for LIPA or its servicing company, PSEG, for that reason. LIPA is required to obtain an easement from the Village of Greenport in order to install the new feeder line underground on Fifth Street and the Fifth Street Beach. The approval of the Village of Greenport is also required for the excavation and construction during the installation of the line on Front Street, Fifth Street, and the Fifth Street Beach. The Village of Greenport is an area of water dependent uses that are significant to the Greenport Village economy and quality of life including recreation, commercial and sport fishing, shellfishing, and other forms of aquaculture. The Village of Greenport also contains at least one New York State certified agricultural district for oyster farming and other water dependent uses, which is located a short distance to the north of the area that is proposed for the underwater installation of the electric line. 3 SEORA Actions to Date and Review of the Prosect The Project does not appear on either the list of Type I actions under 6 NYCRR 617.4 or the list of Type II actions under 6 NYCRR 617.5 and therefore is an unlisted action for purposes of SEQRA. LIPA initiated a coordinated review of the Project by a letter notice dated August 17,2016 (attached) that was delivered to and received by the Village of Greenport on August 18,2016. LIPA transmitted the LIPA notification of coordinated review and adoption of lead agency to the Village of Greenport as an involved agency on August 18, 2016,however LIPA is believed to have failed to make the required notification to the other involved agencies that were required to receive the LIPA notice. The LIPA notification of coordinated review is defective and LIPA should be precluded from serving as lead agency in the event that that LIPA in fact did not serve the LIPA notice of coordinated review notice on the other involved agencies. The Board of Trustees of the Village of Greenport adopted lead agency status on August 25, 2016. The Village of Greenport circulated a notice of adoption of lead agency status (attached),on September 16,2016. The notice issued by the Village of Greenport was sent to all involved agencies and required officials as follows: Commissioner Basil Seggos,NYSDEC Carrie Meek Gallagher,Regional Director,NYSDEC Region I Ralph Hill, OGS Bureau of Land Management John C. O'Connell,Vice President, Serveo Eugene Smith,NYSDOT MTA LIRR; LIRR Public Affairs Department Mitch Pally,MTA LIRR Hon. Scott A. Russell, Supervisor,Town of Southold Hon. James Dougherty, Supervisor, Town of Shelter Island Sara Lansdale, Director of Planning, Suffolk County Division of Planning and Environment U. S. Army Corps of Engineers New York State Department of State, Coastal Resources Shelter Island Heights Property Owners Corporation The LIPA notification included a draft Full EAF Part 1, Part 2, and Part 3,Full EAF Supplemental Information, Federal Consistency Assessment Form, and a New York State Department of State Coastal Management Program Consistency Statement. The draft forms provided by LIPA with the coordination notice contain numerous errors and missing information, and while downplaying the potential impacts of the underwater drilling portion of the Project, do not reflect any of the impacts 4 of the extensive construction for the land portion of the Project,which consists of extensive excavation,trenching and filling, including in the coastal area, and a park,and the resulting noise and traffic disruption. In addition to the missing and incorrect information in the SEQRA forms submitted by LIPA, the LIPA draft SEQRA review is also flawed in that there is no discussion as to the reason for the selection of the proposed design or location of the Project, or the possibility of other Project sites that might be selected in order to mitigate the impacts to the Fifth Street and Village of Greenport residents. This is of particular concern since the current proposal is the successor to a similar project attempted by LIPA about three years ago at a nearby site in the Town of Southold outside of the Village of Greenport which failed and was abandoned by LIPA with no explanation or comparison of the proposed Project with the failed project or why the current proposed Fifth Street site, which will has the potential for a significant impact on the quality of life of the surrounding residents was selected over the prior site or other available sites. Actions with Regard to Project The approval of the Board of Trustees of the Village of Greenport is required in order for the Project to proceed. LIPA has not received the approval of the Board of Trustees. The approval of the United States Army Corps of Engineers is required in order for the Project to proceed. LIPA only applied for USACE approval on September 22, 2016, and the understanding of the Village of Greenport is that the USACE application is still pending and in the public comment period. The approval of the New York State Office of Government Services is required in order for the Project to proceed. The Village of Greenport was notified on August 18, 2016,that LIPA intended to file an application with the NYS OGS,but neither LIPA nor the NYS OGS has notified the Village of Greenport that an application has been filed with that agency. The Village of Greenport Should be Designated as Lead Agency in this Proiect A. The Anticipated Impacts of the Action are of Local Significance The potential impacts from the Project are located in the Village of Greenport, as follows: 1. Impacts from trenching, drilling,pipe laying and filling in residential neighborhoods with resulting impacts of noise, traffic and on the environment from trenching and backfilling. 2. Impacts from trenching, drilling,pipe laying and back filling of soil with related impacts during construction and installation on existing sewer, water and electricity systems owned and maintained by the Village of Greenport and which provide services to the Village. 5 3. Impacts on future maintenance and service of Village of Greenport sewer, water and electricity systems. 4. Impacts on commercial and recreational water dependent uses. S. Impacts on the Village of Greenport Fifth Street Beach park. 6. Impacts on water dependent uses. 7. Impacts on the agricultural district located in the Village of Greenport. The listed anticipated impacts are all local, existing in the Village of Greenport. Many of these impacts are not even mentioned in the draft SEQRA documents due to the lack of familiarity of LIPA with the circumstances in the Village of Greenport. The anticipated impacts therefore are best reviewed by the Village of Greenport acting as lead agency. B. The Village of Greenport has the Broadest Governmental Powers For the Investigation of the Impacts of the Proposed Action The Village of Greenport is a true municipal structure under the laws of the State of New York and is actually an operating municipal electric utility, as well as sewer and water utilities. LIPA as a municipal entity is a holding company of assets that contracts out all necessary work and therefore the Village of Greenport has the broadest government powers to investigate the anticipated impacts. The Project's anticipated impacts are from the trenching, drilling and other work associated with the construction and installation of the line in the roads and park of the Village of Greenport, and the associated impacts on the residents and the existing Village utility systems during the construction and in the future maintenance of the LIPA equipment and the Village of Greenport water, sewer, and electric systems. The Village of Greenport has the staffing and the experience, familiarity and existing municipal structure to review the impacts in the Village and the 3.1 miles of the Project in the adjoining areas that would be affected by the Project. The Village of Greenport has already begun the process as a municipality of retaining an environmental engineer with the expertise to provide the support to the existing Greenport staff and professionals for the proper investigation of the anticipated impacts. The assurance of a proper investigation of the anticipated impacts will also be the greatest with the Village of Greenport acting as lead agency due to the familiarity of the Village of Greenport with the area of the Project. LIPA has already demonstrated by the omissions and errors contained in the draft documents that LIPA is not familiar with the unique circumstances and conditions of the Village and the surrounding area and does not have the government structure can complete a proper review of the anticipated impacts. If LIPA serves as lead agency, LIPA would merely contract out the work that is necessary to complete a proper review. The Village of 6 Greenport has the same governmental powers to contract the work however the Village also has management and staff with the familiarity with the unique circumstances of the Greenport community and the surrounding areas that will be affected by the Project hat is necessary to complete the review and the Village of Greenport should be designated as lead agency for that reason. C. The Village of Greenport has the Greatest Capability for Providing the Most Thorough Environmental Assessment of the Proposed Action The Village of Greenport has the greatest capability for providing the most thorough environmental assessment of the Project because the Village of Greenport is already operating three different utilities in the area of the project and is most familiar with-the conditions and unique circumstances of the Village and the surrounding areas that will include or be affected by the Project. The anticipated impacts are from the trenching, drilling and other work associated with the construction and installation of the line in the roads and park of the Village of Greenport, and the associated impacts on the residents and the existing Village utility systems during the construction and in the future maintenance of the LIPA equipment and the Village of Greenport water, sewer, and electric systems. The Village of Greenport has the staffing and the experience, familiarity with the facts and circumstances that are unique to the community and areas affected by the Project, as well as the impacts from the trenching, drilling and other work associated with the construction and installation of the line in the roads and park of the Village of Greenport. The Village of Greenport also operates electric, water and sewer utilities in the right of ways and areas that will be affected by the Project, and therefore has the greatest capability for providing the most thorough assessment of the impacts on the residents and the existing Village utility systems during the construction and in the future maintenance of the LIPA equipment and the Village of Greenport water, sewer, and electric systems and existing municipal structure to review the impacts in the Village and the 3.1 miles of the Project in the adjoining areas. rel , ro q. Greenport Village Attorney cc: Commissioner Basil Seggos,NYSDEC fax(518)402-8541 Carrie Meek Gallagher, Regional Director,NYSDEC Region I fax (631) 444-0349 Ralph Hill, OGS Bureau of Land Management(ralph.hill@ogs.ny.gov) (fax 518-474-0011) John C. O'Connell,Vice President, Servco Eugene Smith,NYSDOT MTA LIRR; LIRR Public Affairs Department Mitch Pally, MTA LIRR Hon. Scott A. Russell, Supervisor, Town of Southold 7 Hon. James Dougherty, Supervisor, Town of Shelter Island Sara Lansdale, Director of Planning, Suffolk County Division of Planning and Environment U. S. Army Corps of Engineers New York State Department of State, Coastal Resources Shelter Island Heights Property Owners Corporation fax (631) 749-4158 8 LIPA Notification of Coordinated Review 9 I 333 Earle Ovington Boulevard,Suite 403 L I PA Uniondale,NY 11653 i (516)222-7700•Fax(516)222-9137 Long lelmdPowerAuthodty www.lipower.org August 17,2016 By UPS Overnight Mail 1 Mr. Joe Prokop Village of Greenport 236-Third Street Greenport,New York 11944 Re: Lead Ageney'Coordination,Request Proposed project:NeW 13 kV underground-feeder•cable-from Southold$J Substation through. Village of Greenport to Shelter Island Dear Mr. Joe Pxokap: In accordance with Article 8 (State Enviro'nmtental Quality Review - SEQP,) of the $nvaronmental Com. ervation Law,and.its implementing regulations,at.6 NYOR.PMr1617 aAd 21 NYCRR LXXXI '10052, Legg Island Power Authority. (LIPA) is commencing,a eo9rdinated. review of the above-referenced proposed project. The Village of Greenport (the Village) has been identified as a potentially'involved agency for the review-and approval of this aetioh on the basis that I IPA has to obtain firoxn the Village-a utility,.easement for the project, The first step of the coordinated review is to, determine which involved agency will serve as ilii✓ lead agency. LIPA is proposing to serve as lead agency for this;proposed, project and hereby- requests the consent of the Village,-6f Greenport. PSEG Long Island, as agent 4od service provider to LIPA,is proposing to install,a new dedicated underground feeder to prevent power loss and steady state yo tape collapses, and to support the growing energy needs of the Town of Shelter Island. In 2010, Sheltex Island was supplied by the following three distribution feeds; two from Southold (8J-684 and 8J-891) and one from BridgehaMpton(9k-626).'The submarine cable 8J-684,which was the primaiy supply'lo Shelter Island, faulted and failed during both storm events "Hurricane Irene" in August 206 artd "Superstorm Sandy" in November 2012.TSEG Long Island deployed an emergency generator on a standby basis while the company considered long term solutions. The new underground cable would address-current electrical needs, provide a more reliable electric.supply, and serve future projected loads. The proposed project involves the installation of a new 13kV undergrowid dedicated feeder, approximately 11 miles in total length, originating at PSEG Long Island's Southold 8J Substation in the Town of-Southold,passing through the Village of Greenport.and terminating at Chase Street in the Hamlet of Shelter Island Heights (refer to Figure 1 —USGS Site Location - 1 f Mr.Joe Prokop August 17,2016 Page 2 Map). The proposed.project consists of'three sections: (1) Southold to Greenport (North Fork) Land Feeder Cable Route, (2) Greenport to Shelter Island Plori�c0 al Directional Drill (HDD) Crossing,,and(3),Shelter Island Land Feeder Cable-Route, as described further below; as well as reinforcements to two existing feeders adjacent to the-route. (1) The :proposed 'Southold to Greenport (North Fork), Land Feeder Cable Route is apprclximately,'2.b nriiles hi ieiigtli and will be utilized to,supply the new underwater cable referenced herein as the-"Greenport to Shelter Island HDD Crossing". The Greenport Land Feeder Cable 0;%J-89 1')will originate,at the Southold 8J Substation, located on the - north.side of Main Road, west of Chapel.Lane (SCTM No. 100.0-45-1-14.1). From the Substation, the,feeder will extend south within an associated access 'road to Main Road (NYS,Route 25).-A.new pad mounted(PMH-11)'gear will be.irist4led at the ooriiex of the Southold V Substation property and Main.Road, to split 81-891 onto Main Road where � the feeder.line will then extend east within Main Road (NYS Route 25) (Town of Southold/Village ,of Greenport) and Front Street (NYS Route.- 25), then south on 5th _ Street(Village of Greenport)to the ten=,",us thereof. Y The Southold to Greenport (North Fork) Land Feeder Cable Route will be installed 'vi4 open trench method(approxitnately three-feet wide),between the new PM1_1-11 gear and the drill location at the terminus -of 5th Street. `fhe,Greenport (North Fork) Land Feeder Cab'le will be located prfmatily underneath`the existing roadways, within'the existing right-o,£way ijxwliich an existing P5ECY feeder line,is located. (2) At the terminus of 5th Street in the Village of Greenport, a new cable manhole will be constructed to aeopnimodate a new 'submersible PMH gear in order to connect :the underground.cable with the Greenport to Shelter Island HDD Crossing cable In additioxa, the new manhole will accommodate a second submersible PMIS gear for the purpose,of.'a future cable to Shelter Island. The proposed Greenport to Shelter Islannd HDD ,Crossing 41 consist of a new MY underground dedicated feeder that will be installed via HDD method under the Shelter Island Sound North. This HDD crossing is approximately 0.62 miles in length (3;290- feef)and will`ttaverse the Shelter Island Sound North-from the boring entry located at the terminus of Sth Street (Village of Greenport) and the boring exit at the North Ferry Parking Lot(Hiiml.et.of Shelter Island Heights). 3 1 (3) The underwater drill will land the cable at the southwest corner of the North Perry Parking lot located on the west side of'Summerfield Place on Shelter Island,where.a new manhole,with a submersible PMH gear will be installed, to -terminate the, underwater cable. The proposed Shelter Island Land Fedder Cable Route is approximately OAA-miles in length,and will have a feeder installed via open trench method.(approximately three- �. feet wide). The Shelter Tsland Laud Feeder Cable Route originates at the southwest i corner of tho North Ferry Parking Lot and extends east towards Summerfield Place,then continues south onto Summerfield Place,and Clinton Place,then southwest onto Waverly Mr.Joe Prokop August 17,2016 i Page 3 r Place, south-southeast on Grand Avenue, then east on Chase Street, to a riser pole 'on north side of Chase Avenue, (4) In addition, the project includes the reinforcement of the existing, 0.$3.-inile 13kV dedicated underground feeder (from Southold 8J Generating Substation to Silverrnere Roads and the existing 0.4 mile existing 13 kV dedicated feeder (ftom North Ferry parking,Lot/Chequif Avenue.Entrance to the•intersection of Grand Avenue and Chase j AveniiO. j LIPA requests)that the'Village,of Greenport's consent to.LIPA serving as;lead agency for the coordinated SEQRA review of the proposed-project. For your reference, drafts of the completed Full Environmental Assessment form and supplemental.;information, along with the Smart Growth Statement-and the Coastal Assessment form for'tfie.Pxoject are enelo'sed with this letter. PSEG Long Island would like to quickly move forward with this important reliability/resiliency project.,Accordingly, we requestthat,'if at all possible]the Village:Board consider and determine Ng request at its August i8; 20016 mcethig. If'the Board does not consider'this-regiuest at this time, and does Apt determine this request until the end of the 30 day statutory'response period, PSEG Long Island is,concerned that the delay.Will xai§e the prospect of-aft.extended,deferral of the project due to winter•weather. , i If yott would like,to pt&vidd observations or•conccrns'about,the proposed project and its po'tei tiat j env�irohn ental impacts fox LIPA tb consider during tlie•coordinated review,•please provide them in writing within 30 days•,If you have any questions;please coiftet Edw4pd Aldrich,Permitting ; and Lieensingl'roject Manager, of PSEG Long Island at(516)580-5883. We,thank you in advance for y4ur,prompt attention to this matter, Sincerely, Michael Deering � Director of Customer Service and Program Oversight Enclosures: DRAFTS of Full EAF, Supplemental Information, Smart Growth Impact Statement, Coastal Assessment form,Figure 1 -Project Location Map, � i Village of Greenport Notice of Adoption of Lead Agency Status 10 JOSEPH W. PROKOP, PLLC ATTORNEY A'r LAW 267 CARLETON AVENUE a Suite 301 jwprokopesq@aol.com CENTRAL ISLIP,NEW YORK 11722 TELEPHONE (631)234-6200 Cell Phone(631)365-7412 FACSIMILE (631)234-6205 BY FACSIMILE TRANSMISSION AND CERTIFIED MAIL R.R.R. September 16, 2016 Michael Deering Director of Customer Service and Program Oversight Lorig Island Power Authority 333,Earle Ovington Boulevard Uniondale,New York 11533 Re: Village of Greenport Notice of Adoption of Lead Agency Status State Environmental Quality Review Act Lead Agency Coordinated Review New 13 kv underground feeder cable from Southold 8,1 Substation through Greenport to Shelter Island Dear Mr. Deering and below designated Involved and Interested Parties: Please be advised that pursuant to a resolution dated August 25,2016,the Board of Trustees of the Village of Greenport elected to adopt lead agency status for purposes of SEQRA with regard to the above project pursuant to 6 NYCRR 617.6(b)(2)(i). The Village of Greenport hereby determines that in the event that LIPA or any other involved agency adopting lead agency status does not agree that the Village of Greenport may serve as lead agency for this action for purposes of SEQRA,that the Village of Greenport shall refer this matter to Basil Seggos, Commissioner of the New York State Department of Environmental Conservation for determination. Please contact the undersigned with any questions. Thank you for your cooperation. Sincerely, JoseprP o ct op, �sq--_ Greenport Village Attorney cc: Commissioner Basil Seggos,NYSDEC fax(518)402-8541 Carrie Meek Gallagher, Regional Director,NYSDEC Region I fax (631) 444-0349 Ralph Hill, OGS Bureau of Land Management(ralph.hill@ogs.ny.gov) (fax 518-474-0011) John C. O'Connell,Vice President, Servco Eugene Smith,NYSDOT MTA LIRR; LIRR Public Affairs Department Mitch Pally, MTA LIRR Hon. Scott A. Russell, Supervisor, Town of Southold Hon. James Dougherty, Supervisor, Town of Shelter Island Sara Lansdale, Director of Planning, Suffolk County Division of Planning and Environment U. S. Army Corps of Engineers New York State Department of State, Coastal Resources Shelter Island Heights Property Owners Corporation fax (631) 749-4158 Village of Greenport 2