Pond Eddy Bridge plan questioned; Plans are elusive for opponents

Posted 8/21/12

POND EDDY, NY — Attorney Jeff Zimmerman, who has been researching the permitting process for the replacement of the Pond Eddy Bridge for Damascus Citizens for Sustainability (DCS), has had a bit of …

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Pond Eddy Bridge plan questioned; Plans are elusive for opponents

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POND EDDY, NY — Attorney Jeff Zimmerman, who has been researching the permitting process for the replacement of the Pond Eddy Bridge for Damascus Citizens for Sustainability (DCS), has had a bit of trouble locating the actual engineering plans for the project, and at least part of the reason is because of the way the permits were issued.

The process has been complicated. The Pond Eddy project requires approval from multiple agencies, and in this case, Zimmerman pointed out, the Federal Highway Administration (FHWA) became the lead agency in terms of ensuring that the project complies with the National Environmental Policy Act (NEPA,) which requires environmental review. A key part of the review is to consider alternatives to the proposed project, including “no action” and public review and input. The process is standardized by regulations published by the President’s Council on Environmental Quality.

FHWA has its own set of procedures, which include a list of “categorical exclusions.” These, Zimmerman said, “identify classes of projects that would have very limited environmental impact.” He gave as an example a project that would make a transportation facility more easily available to handicapped individuals.

But, he said, there are “kick-out” provisions involved with categorical exclusions. For instance, “if the environmental impact of a particular project that otherwise would qualify for a categorical exclusion, is significantly greater that the typical project in that category, or there is considerable public controversy about a particular project,” then the project should not be considered a categorical exclusion project, but should instead go through the usual NEPA process, involving environmental review and public input.

One type of categorical exclusion regards bridges that are replaced or reconstructed essentially where they are sitting, like Pond Eddy. Zimmerman said there was discussion about this in the original preamble to the FHWA NEPA regulations. But a factor that makes a project ineligible for a categorical exclusion is a significant impact on a structure listed on the National Register of Historic Places. Barbara Arrindell director of DCS noted that the existing Pond Eddy Bridge is listed in the national register, and there couldn’t be a more significant impact than tearing it down.

The last agency that issued a permit for the project was the U.S. Army Corps of Engineers (USACE). Zimmerman said USACE approved the project under a nationwide permit that essentially relies on another federal agency having approved a categorical exclusion under its own NEPA policies. It appears there was no public notice or opportunity for public comment before USACE issued the permit for the project.

Arrindell said of the project, “It should not qualify for a categorical exclusion, but no one has gone to the agencies and pointed that out. But we now plan to do this, since we figured out what seems to have happened.”

Until now, it has been difficult to get copies of permits and engineering plans, which DCS believes may be changing as the project moves forward.

Arrindell said, “It appears that PennDot is going to make the elevation of the stone causeway in the river five to 10 feet taller feet taller than they originally said they would.” She said that after a high rain event, that would elevate the level of the river by six or eight feet at that location, and that could lead to an increased chance of flooding.

The $18 million bridge will serve about 20 houses on the Pennsylvania side of the river, most of them seasonal.

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