NEW YORK GATEWAY

CONNECTIONS IMPROVEMENT PROJECT

TO THE US PEACE BRIDGE PLAZA

Attachment B

Comments Received on the FEIS

PIN 5760.80

City of Buffalo

Erie County, New York

National Environmental Policy Act and New York State Environmental Quality Review Act JOINT RECORD OF DECISION / FINDINGS STATEMENT

Federal Highway Administration and New York State Department of Transportation

i

TABLE OF CONTENTS

I. Introduction ................................................................................ 1 II. List of Commenters ........................................................................ 1

National Environmental Policy Act and New York State Environmental Quality Review Act JOINT RECORD OF DECISION / FINDINGS STATEMENT

Federal Highway Administration and New York State Department of Transportation

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National Environmental Policy Act and New York State Environmental Quality Review Act JOINT RECORD OF DECISION / FINDINGS STATEMENT

Federal Highway Administration and New York State Department of Transportation

Page 1 of 2 Attachment B

I. Introduction

A list of the agencies, groups and individuals that provided relevant comments on the FEIS is provided below. Following this list is a copy of all written comments by document number received by the commenters.

II. List of Commenters

Document No. Name

1 Anonymous

2 Bodewes, Michelle

3 DePrima, Leonard

4 DeTine, Linda

5 Dimming, Carl - County of Erie

6 Dirks, Tija - Ontario Ministry of Transportation

7 Dubey, David

8 Gurung, Krishna; Magar, Ran Maya; & Nerula, Hari

9 Herrera-Mishler, Thomas - Buffalo Olmsted Parks Conservancy

10 Holloway, Lew - Niagara Falls Bridge Commission

11 Manno, James - International Trade Gateway Organization

12 McKibben, Bill

13 Niagara Falls Bridge Commission

14 Nowak, Mark

15 Pascale, Margaret

16 Reinas, Ron - Buffalo & Fort Erie Public Bridge Authority

17 Roberts, Nicole 18 Sentz, Gerard

19 Natasha, Soto Clean Air Coalition March 28, 2014

20 Natasha, Soto Clean Air Coalition May 5, 2014 21 Roth, Bryan Buffalo Niagara Partnership

22 Turner, Craig Logistics Solutions Extra Mile Transportation

National Environmental Policy Act and New York State Environmental Quality Review Act JOINT RECORD OF DECISION / FINDINGS STATEMENT

Federal Highway Administration and New York State Department of Transportation

Page 2 of 2 Attachment B

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From: j p (Google Drive)To: dot.sm.nygatewaySubject: Quick Clip of State"s Stance on things.MP3, Nov 17, 630pm traffic.MTS + 1 more item (nygateway@dot.ny.gov)Date: Monday, May 05, 2014 10:25:08 PM

I've shared some items with you.Hello Dan,

Please make sure to watch & listen to the 3 files that have been shared with you in this email. You will remember this specific issue regarding this project. The official policy of this project, as presented April 9 & 10, is to continue to promote the "Overflow" detour traffic onto a residential street rather than a readily available commercial street. This is illogical and against social convention.

My participation in this community issue has revealed a deeper problem at the heart of why NYS is experiencing abhorrent public service. There is a clear lack of ethical consideration when evaluating your data; a lack of commitment to logically based social conventions; the lack of assuming any responsibility for direct answers; and intentional misdirection/deference by each agent to another agent (agency/authority),

As long as public agents expose themselves as morally ambiguous or otherwise at odds with social convention, while simultaneously "selling" a plan to the public...well, this is abhorrent public service, and creates a situation rife with constituent complaints of mishandling, if not an active malicious intent to deceive the public.

The audio clip is of a Public Meeting, called by Public Agencies, to send Public Employees to explain & address questions and issues regarding this project to, well, the public. This meeting was recorded to ensure people stick to their word, as every man should. Every private citizens deserves, that when his fellow private citizen gets taken care of by the state, that this state employee would act in a manner morally & ethically superior to those not feeding on the system, because that public employees' decision reach all of us. When they do not act in such a manner, they much be exposed and purged from the system.

As long as there are large thruway signs that actively promote commercial traffic onto residential streets, then I will have to continue to protest the entirety of this project, as its most core evaluative process, morals & ethics, have clearly been sidelined.

If such thruway signs were to direct traffic onto commercial streets (as social convention would dictate), then this would be a step toward regaining confidence in your project.

Thank you for your time,Concerned Citizen

Quick Clip of State's Stance on things.MP3

Nov 17, 630pm traffic.MTS

Exit diverts traffic onto residential street.MTS

This email grants access to all of these items. Only forward it to people you trust.

Google Drive: create, share, and keep all your stuff in one place.

mailto:stuff4sale639@gmail.commailto:nygateway@dot.ny.govhttps://urldefense.proofpoint.com/v1/url?u=https://drive.google.com/file/d/0Byx0AfKchWUoOUh1b29qWHBJS2c/edit?usp%3Dsharing%26invite%3DCNT-y_sJ&k=ppNirDwWpcp60F64Pj2f9Q%3D%3D%0A&r=OS1xw168O8Ir5UKtK61BPsgt3kQcxKFWpEfn9piLPBc%3D%0A&m=zgkOEdXQl2heUEzbrzBLPEjEie5WeuCLPJWHS7kYnAo%3D%0A&s=463dd28374c96ea029fa6e2934e9dfb3e065a3d477eb7ef01d04527b6077dfbehttps://urldefense.proofpoint.com/v1/url?u=https://drive.google.com/file/d/0Byx0AfKchWUoWk5tVGRBbXJmY0k/edit?usp%3Dsharing%26invite%3DCOz8rLIG&k=ppNirDwWpcp60F64Pj2f9Q%3D%3D%0A&r=OS1xw168O8Ir5UKtK61BPsgt3kQcxKFWpEfn9piLPBc%3D%0A&m=zgkOEdXQl2heUEzbrzBLPEjEie5WeuCLPJWHS7kYnAo%3D%0A&s=df9f48bd7b269145ab20c27c51f88ad22cc596d1056a02e2641cd6b6e1740e97https://urldefense.proofpoint.com/v1/url?u=https://drive.google.com/file/d/0Byx0AfKchWUobE1sdU5ITTN0c0U/edit?usp%3Dsharing%26invite%3DCMbGvdQF&k=ppNirDwWpcp60F64Pj2f9Q%3D%3D%0A&r=OS1xw168O8Ir5UKtK61BPsgt3kQcxKFWpEfn9piLPBc%3D%0A&m=zgkOEdXQl2heUEzbrzBLPEjEie5WeuCLPJWHS7kYnAo%3D%0A&s=9dd44ad25d068266255ee18b3b4f5672f8a9001defacc1f6b1ac4c0b2272422bhttps://urldefense.proofpoint.com/v1/url?u=https://drive.google.com&k=ppNirDwWpcp60F64Pj2f9Q%3D%3D%0A&r=OS1xw168O8Ir5UKtK61BPsgt3kQcxKFWpEfn9piLPBc%3D%0A&m=zgkOEdXQl2heUEzbrzBLPEjEie5WeuCLPJWHS7kYnAo%3D%0A&s=3f56105764105d16355fc1a1eee5bc3f6c27d789b58b5c77c6beebb2da9a778ep0035331Typewritten TextDoc No. 1p0035331Typewritten Textp0035331Typewritten Text

2462 Woodthrush Court

Niagara Falls, NY 14304

April 10, 2014

Daniel Streett, PE & LS, Project Manager

New York State Department of Transportation

50 Wolf Road Rm 6E41

Albany, NY 12232

RE: NY Gateway Connections Improvement Project

FEIS Comments

Dear Mr. Streett:

I am writing this letter to provide my comments on the Final Environmental Impact Statement (FEIS) prepared

for the NY Gateway Connections Improvement Project.

I am a Niagara County resident who works in downtown Buffalo. I have taken I-190 south to get to and from

work for almost 15 years. During that time, I have used the Porter Avenue exit and entrance ramps almost

exclusively.

Based on my experiences with the project corridor, I have the following comments on the proposed project:

1. Elimination of commercial truck traffic from the Peace Bridge is not a solution to the existing problems. After reading the Draft 2040 Metropolitan Transportation Plan Update issued by the Greater Buffalo

Niagara Regional Transportation Council, it is clear to me that the Peace Bridge is a vital corridor for

international commerce. Rerouting the commercial truck traffic would likely have unfavorable

economic impacts on the City of Buffalo and the entire Western New York Region.

2. The proposed improvements will allow for better traffic flow for vehicles. Better traffic flow will likely translate into shorter vehicle queues and reduced idling times, both of which will improve air quality.

3. Moving the traffic queue away from Busti Avenue and the adjacent residential homes will also improve the air quality of the neighborhood.

4. The existing traffic configurations for the entrance to the Peace Bridge and I-190 North are confusing, especially to those who are unfamiliar with the area. The proposed project will help to reduce this

confusion.

5. The proposed improvements to Porter Avenue will be safer for pedestrians and motorists. Some segments of Porter Avenue are currently striped with bike lanes. This project will promote their use to

gain access to the waterfront.

6. I love that this project will add more trees and vegetation to the area. In general, I love that in recent years, the NYSDOT has added more trees, shrubs and other vegetation within their right-of-ways.

Thank you for the opportunity to provide my comments on this proposed project.

Very Truly Yours,

Michelle L. Bodewes, P.E., ENV SP

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From: Streett, Daniel A. (DOT)To: Donohue, Thomas; Lehman, MariaCc: Hitt, Dan (DOT); Hans Anker; Campon, Rita; Mozrall, Craig s. (DOT); Vaidya, Sanjyot S. (DOT)Subject: FW: Comments on NY Gateway project.Date: Tuesday, April 08, 2014 10:32:01 AM

Comment forwarded from NY Gateway Mailbox. From: Leonard DePrima [mailto:deprimalj@gmail.com] Sent: Tuesday, April 08, 2014 9:52 AMTo: dot.sm.nygatewaySubject: Comments on NY Gateway project. After reviewing the documents and attending several meetings, it is abundantly clear to methat this project has been studied enough. The opponents are reduced to communitynaysayers who will never agree with any reasonable alternative.

The economic growth and vitality of Buffalo depends, to a great degree, on the efficiency ofour transportation system; especially the cross border connections.

Its time to finish the decades of study and start improving the US Peace Bridge Plaza. Itstime to improve traffic flow and relieve congestion between Canada and the Buffalocommunity. Its time to get moving and the Gateway project is a good start.

Leonard DePrima

716 510 6315

mailto:Daniel.Streett@dot.ny.govmailto:Thomas.Donohue@parsons.commailto:Maria.Lehman@thruway.ny.govmailto:Dan.Hitt@dot.ny.govmailto:Hans.Anker@dot.govmailto:Rita.Campon@parsons.commailto:Craig.Mozrall@dot.ny.govmailto:Sanjyot.Vaidya@dot.ny.govp0035331Typewritten TextDoc. No. 3p0035331Typewritten Textp0035331Typewritten Text

From: Linda DeTineTo: dot.sm.nygatewaySubject: Comments regarding NY Gateway Connections Improvement ProjectDate: Monday, May 05, 2014 9:53:42 PM

To Whom It May Concern:

Please consider these comments regarding the above referenced project. I reiterate all of myprevious comments objecting to this project, which are incorporated herein by reference andwhich have not been sufficiently addressed in the review process so far.

Additionally:- the project is illegally segmented from the other projects taking place at the Peace Bridgeport, i.e., the revisions to the base of the bridge itself (widening), the revisions to theAdministrative Building, and the initiation of the preclearance project. All of these will havea cumulative and deleterious effect on public health and historic resources far greater than isrevealed by evaluating them piecemeal.- the "amendment" of the project by adding a security wall between Front Park and the plazaafter the Section 106 process was complete is unlawful. Consulting parties must be consultedon the impact of this feature as it has enormous impact on historic Front Park.

Thank you for your consideration.

Very truly yours,Linda J. DeTine676 Columbus ParkwayBuffalo, New York 14213

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May 5, 2014 Mr. Daniel Streett, Project Manager Engineering Division, Room 6E41 NYS Department of Transportation 50 Wolf Road Albany, NY 12232 RE: NYSDOT PIN 5760.80

Draft Environmental Impact Statement (DEIS) NY Gateway Connections Improvement Project to the US Peace Bridge Plaza

City of Buffalo, Erie County, New York Dear Mr. Streett,

The Buffalo Olmsted Parks Conservancy (the "Conservancy") appreciates the opportunity to comment on the Environmental Impact Statement (FEIS) for the NY Gateway Connections Improvement Project to the US Peace Bridge Plaza. As the NYSDOT is aware, Front Park is an important part of the historically significant, Olmsted-designed parks system in the City of Buffalo and is listed on the National Register of Historic Places. As the steward of the Buffalo Olmsted Parks System, the Conservancy is focused on ensuring that every project undertaken within the City of Buffalo with the potential for direct or indirect impact on the Olmsted Parks System does not degrade its historic integrity in any way. Furthermore, the Conservancy remains committed to our long range goal for the complete restoration of all historic Front Park lands and elimination of all direct and indirect intrusions on the historic landscape from highway infrastructure. At this time, the Conservancy would like to confirm general support for the build alternative identified within the EIS. Providing a direct connection between the plaza and northbound I-190 effectively removes all US bound interstate traffic from the local streets and allows for the elimination of Baird Drive cutting through Front Park. Elimination of Baird Drive reclaims 1.8 acres of parkland occupied by the roadway and allows for the overall restoration of 4.8 acres of historic parkland, increasing the accessibility of the park from the surrounding community. The project is a good first step in undoing some of the harm to the historic landscape caused by infrastructure associated with the Peace Bridge. Advocacy efforts of the Conservancy with regard to future developments, regulations and study results are dictated solely by the mission and guiding principles of the organization and are in no way tied to mitigation recommendations identified here-in. The following non-project actions continue to be of great interest to the Conservancy: Truck Pre-Inspection Pilot Study of US Customs and Border Protection and the Comprehensive Traffic Study on the US Plaza being managed by the Public Bridge Authority along with any forthcoming economic, air quality, and intermodal studies. The Conservancy would like to reiterate the comments provided to NYSDOT on January 28th, 2014 with regard to the proposed configuration of Porter Avenue, mitigation of impacts from Peace Bridge ramp infrastructure, and the site restoration for Front Park following the removal of

Baird Drive. The Plans and Profiles provided fall short of the Conservancys goals for the project in a variety of ways. The following is a page by page review of the drawings provided in appendix A, identifying specific issues with the construction plans with attached diagrams and overlays in support of our comments.

B O A R D O F TR U S T E E S

Florence Johnson, Chair

Kevin Kelly, Chair Elect

Dennis R. Horrigan, Vice Chair

David McIntyre, Vice Chair

Philip C. Kadet, Treasurer

Judith M. Dean, Secretary

Amy E. Black

Alan J. Bozer

Joan Bozer, Emeritus

Elizabeth D. Carlson

Joseph Jerry Castiglia, Emeritus

Richard C. Cummings

Dennis Dargavel

Clarke E. Eaton, Jr.

Susan J. Elkin

S. Jay Ferrari

Nickole Garrison

Richard Griffin

Anne Harding Joyce

Robert J. Kresse

Lynn M. Marinelli

Annie V. McCune

Mark V. Mistretta, Emeritus

Jock Mitchell

Matthew McKenna

Gary L. Mucci

James D. Newman

Corinne Rice

Victor A. Rice, Emeritus

Aaron Siegel

Mary Simpson

Julie R. Snyder

Gretchen Toles, Emeritus

Deborah Lynn Williams

Steven Stepniak, Ex-Officio

Thomas Herrera-Mishler, CEO

Buffalos Olmsted System

Parks Cazenovia Delaware

Front Martin Luther King, Jr.

Riverside South

Parkways Bidwell Chapin Lincoln

McKinley Porter

Red Jacket Richmond

Circles Agassiz

Colonial Ferry Gates

McClellan McKinley

Soldiers Symphony

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Appendix A P-2:

10 shared use path is not an adequate multimodal route to the waterfront and River walk. A two way cycle-track on the south side of Porter should be provided. (Att. 8, 9, 10)

Historic Bridge is not reinterpreted dimensionally or in character. The Conservancy requests that the design and construction should include appropriate detailing recalling the original bridge including railing, sidewall profile and materials. (Att. 11, 12, 13, 14, 15)

See TS-5: Port1, Port2 P-3:

Roundabout design is disruptive to the historic character of Porter Ave the Conservancy requests an intersection configuration connections to ramp P and ramp P-N. Roadway design does not calm traffic along Porter Ave. If a roundabout is required as a part of the project the Conservancy requests that the central rotary be landscaped and irrigation infrastructure provided. (Att. 7)

See TS-6 Retaining wall should be extended along ramp PN providing the opportunity for regrading of the area, a barrier wall and additional

vegetative buffer between the roadway and the park. (See detail 1) (Att. 16, 17, 18, 19) Shared travel lanes along Porter Ave do not provide safe access to the waterfront. Bicycle accommodations begin and terminate

arbitrarily along Porter Ave. A two way cycle-track on the south side of Porter should be provided. (Att. 8, 9, 10) New path connections in Front Park should conform to alignments of 2013 park improvements completed by the BOPC. Entrance to park scheduled for removal should be regraded according to historic plans. (See Plan) Crosswalk on Forth St is not consistent with urban context, should be configured to align with shared use path. See TS-7

P-4: New path west of Lakeview park entrance should be maintained at 10 width to match 2013 park improvements completed by the

BOPC. Pedestrian access to park from Lakeview Ave removed with Baird Drive should be restored with logical connections to the existing

park path system. (Att. 4, 5) Crosswalks should be provided at Lakeview Ave and Busti Ave. Park entrance signage should be provided. Shared travel lanes along Porter Ave do not provide safe access to the waterfront, bike accommodations begin and terminate

arbitrarily. A two way cycle-track on the south side of Porter should be provided. (Att. 8, 9, 10) P-5:

16 Continuous historic path should be restored. (Att. 1, 2, 3) P-6:

16 continuous historic path should be provided. (Att. 1, 2, 3) P-7:

Visual intrusion on park will be increased with construction of Ramp PN. Retaining wall should be extended along ramp PN providing the opportunity for regrading of the area, a barrier wall and additional vegetative buffer between the roadway and the park. (See detail 1) (Att. 16, 17, 18, 19)

See TS-1:N4, TS-9:P1 P-8:

Visual intrusion on park will be increased with construction of Ramp PN. Retaining wall should be extended along ramp PN providing the opportunity for regrading of the area, a barrier wall and additional vegetative buffer between the roadway and the park. (See detail 1) (Att. 16, 17, 18, 19)

See TS-1:N4, TS-9:P1 P-9:

Visual intrusion on park will be increased with construction of Ramp PN. Retaining wall should be extended along ramp PN providing the opportunity for regrading of the area, a barrier wall and additional vegetative buffer between the roadway and the park. (See detail 1) (Att. 16, 17, 18, 19)

See TS-3:A1 P-10:

Vegetative buffer should be provided along the proposed barrier wall. See TS-3:A2

P-11 Pedestrian access to park from Lakeview Ave removed with Baird Drive should be restored with logical connections to the existing

park path system. (Att. 4, 5) Curbs should be extended to end of existing curb on north side of road and drainage issues addressed.

P-16

Pedestrian bridge should be of an elegant signature style enhancing the character of the Peace Bridge complex. Overlook area should provide interpretive information. (Att. 22, 23, 24) See TS-9:ST2, 3.

Thank you for this opportunity to comment. Conservancy staff and Buildings and Grounds Committee members would be happy to sit down with NYSDOT staff and consultants to discuss these comments further. Sincerely,

Thomas Herrera-Mishler CEO and President. Buffalo Olmsted Parks Conservancy cc: Sam Hoyt, ESDC

U.S. Sen. Charles Schumer U.S. Sen. Kirsten Gillibrand U.S. Rep. Brian Higgins N.Y.S. Sen. Mark Grisanti N.Y.S. Sen. Tim Kennedy N.Y.S. Rep. Sean Ryan Hon. Bryon Brown Councilmember David Rivera Steve Stepniak, DPW Commissioner

FRONT PARK - 1898 PLAN 1

NY GATEWAY DEIS - PATHWAY CONNECTIONS 2

RESTORE HIPPODROME PATHWAYS and TREES

RESTORE HISTORIC GRADES IN DISTURBED AREA

FRONT PARK - PATHWAY RESTORATION 3

NY GATEWAY DEIS - ENTRANCE RELOCATION 4

REINTERPRET ORIGINAL ENTRANCE

PROVIDE PATH CONNECTIONSTO PORTER AVE

RESTORE HISTORIC ROADWAY WIDTH AND CURB PLACEMENT

40

40

FRONT PARK - ENTRANCE REINTERPRETATION 5

RELOCATE TENNIS COURTS TO 4TH STREET PLAYGROUND

FRONT PARK - TENNIS COURTS RELOCATION 6

FOOTPRINT OF PROPOSED ROUNDABOUT

A

A

B

B

PORTER AVE - ROUNDABOUT CONCEPT

FRONT PARK - ENTRANCE REINTERPRETATIONFRONT PARK - ENTRANCE REINTERPRETATIONFRONT PARK - ENTRANCE REINTERPRETATION

7

5555

A

A

B

B

PORTER AVE DEIS - BUILD ALTERNATIVE 8

FRONT PARK - ENTRANCE REINTERPRETATION55

A

A

B

B

PORTER AVE - RECONFIGURATION

FRONT PARK - ENTRANCE REINTERPRETATION

9

55

JAN. 2014

B BCROSS SECTION B-B

10MULTI-USE

PATH

10MULTI-USE

PATH

10VERGE

10VERGE

2

50 PARKWAY WIDTH

HISTORIC PORTER AVE - 100

12TRAVEL

LANE

12TRAVEL

LANE

12TRAVEL

LANE

8CYCLETRACK

5LANDSCAPE

BUFFER

5LANDSCAPE

BUFFER

4

PORTER AVE RECONFIGURATION CONCEPT - CROSS SECTIONSFACING EASTBOUND

10

A

A

B

B

PORTER AVE BRIDGE - DEIS BUILD ALTERNATIVE 11

A

A

B

B

PORTER AVE - ROUNDABOUT CONCEPT

PORTER AVE BRIDGE - RECONSTRUCTION

FRONT PARK - ENTRANCE REINTERPRETATIONFRONT PARK - ENTRANCE REINTERPRETATIONFRONT PARK - ENTRANCE REINTERPRETATION

12

55555

JAN. 2014

A ACROSS SECTION A-A

12TRAVEL

LANE

12TRAVEL

LANE

10VERGE

13MULTI-USE

PATH

12TRAVEL

LANE

8CYCLETRACK

2 4 4 2

50 PARKWAY WIDTH

BRIDGE WIDTH - 80

PORTER AVE BRIDGE RECONSTRUCTION CONCEPT - CROSS SECTIONSFACING EASTBOUND

13

CONSTRUCT CONTINUOUS NOISE BARRIER ALONG ENTIRELTY OF PARK BOUNDARY WITH HIGHWAY RAMPS- BARRIER TO BE CONSTRUCTED TO BLOCK VIEWS OF HIGHWAY BUT NOT VIEWS OF LAKE.- ADDITIONAL VEGETATIVE BUFFER TO BE PROVIDED ON BACK SIDE OF BARRIER.

21

2

1

NY GATEWAY RAMPS - NOISE MITIGATION 17

From: Streett, Daniel A. (DOT)To: Donohue, Thomas; Campon, RitaCc: Hans Anker; Hitt, Dan (DOT)Subject: FW: Good afternoonDate: Tuesday, April 22, 2014 10:45:13 AM

Tom Comments for inclusion in the ROD. Dan From: Lehman, Maria C [mailto:Maria.Lehman@thruway.ny.gov] Sent: Tuesday, April 22, 2014 10:09 AMTo: Streett, Daniel A. (DOT)Subject: FW: Good afternoon For the record. Maria

From: Lew Holloway [mailto:lholloway@niagarafallsbridges.com] Sent: Monday, April 07, 2014 11:42 AMTo: 'Ron Rienas'Cc: Kathleen L. Neville(kneville@nevilleconsultants.com); Lehman, Maria CSubject: RE: Good afternoon Hi Maria,The NFBC agrees with the analysis in the report that details the impact that a diversion ofcommercial truck traffic from the Peace Bridge would have on the Lewiston-Queenston Bridge andthe Grand Island Bridges.Lew Lew HollowayGeneral ManagerNiagara Falls Bridge Commission Canada:P.O. Box 395Niagara Falls, ON L2E 6T8[T]: 905-354-5641, ext. 4150[F]: 905-353-6678

United States:5365 Military RoadLewiston, NY 14092[T]: 716-285-6322, ext. 4150[F]: 716-205-0678

The information contained in this electronic message and any attachments to this messageare intended for the exclusive use of the addressee(s) and may contain information that isconfidential, privileged, and/or otherwise exempt from disclosure under applicable law. Ifthis electronic message is from an attorney or someone in the Legal Department, it may alsocontain confidential attorney-client communications which may be privileged and protectedfrom disclosure. If you are not the intended recipient, be advised that you have received thismessage in error and that any use, dissemination, forwarding, printing, or copying is strictlyprohibited. Please notify the New York State Thruway Authority immediately by eitherresponding to this e-mail or calling (518) 436-2700, and destroy all copies of this message

mailto:Daniel.Streett@dot.ny.govmailto:Thomas.Donohue@parsons.commailto:Rita.Campon@parsons.commailto:Hans.Anker@dot.govmailto:Dan.Hitt@dot.ny.govmailto:lholloway@niagarafallsbridges.commailto:kneville@nevilleconsultants.comp0035331Typewritten TextDoc. No. 10

and any attachments.

Please find below comments from the Buffalo Niagara International Trade Gateway Organization. If you have questions or need further information, please do not hesitate to contact me at jmanno@sonwil.com or 716.998.0921. Sincerely, James Manno Chair, International Trade Gateway Organization *** On behalf of the Buffalo Niagara International Trade Gateway Organization (ITGO), I write in support of the New York State Department of Transportations Gateway Project at the Peace Bridge U.S. Plaza. The states improvements to the plaza have been long anticipated by the trade and manufacturing communities and will yield substantial benefits for both passenger and commercial traffic flow. ITGO was formed under the leadership of the Western New York Regional Economic Development Council (WNYREDC) to move forward a proposal included in the WNYREDCs award-winning 5-year economic development plan to establish a globally-known logistics center in the Buffalo Niagara region. The group has been working for several years to implement an umbrella agenda of strategic infrastructure improvements, workforce development initiatives, new relationships and a marketing campaign to support the development of our logistics center. ITGO has been recognized by key leaders in government and in international trade and logistics as a viable economic development driver for Western New York. The pinnacle of logistics support that ITGO has to offer to the trade community is our border with Canada, which facilitates in excess of $80 billion in trade annually. The Peace Bridge, and the access it provides between the worlds two most prolific trading partners, is a significant piece of our logistics ecosystem, and one of our regions top selling points when trying to attract and grow manufacturing jobs. Indeed, arguably our most successful economic development strategy in recent years has been the attraction of Canadian manufacturers to expand to Western New York, providing them convenient access to both the U.S. market and their Canadian headquarters. It is a unique asset that few other regions can match when trying to take advantage of rampant growth in Canada, particularly Toronto and Southern Ontario. The NYSDOT Gateway project is a critical infrastructure improvement to help facilitate trade that flows over the Peace Bridge. While it was once thought that delays on the Peace Bridge necessitated the addition of a second bridge, the trade community has long held that improvements to the Peace Bridges U.S. customs plaza were truly the appropriate remedy to mitigate congestion and ease traffic flow. That message has resonated, and a number of projects designed to do just that are underway, with the Gateway project complementing improvements managed by the Peace Bridge Authority, as well as the pre-inspection pilot project that will conclude and be evaluated in December, 2014. This menu of projects will not only mitigate the challenges of crossing the Peace Bridge, but position the crossing as an advantageous route for shippers moving between the two nations. The key component of the Gateway project a direct egress from the U.S. customs plaza to the I-190N will ease the problem of intersecting traffic on the plaza itself, remove commercial traffic from the tricky navigation through the City of Buffalos West Side it now endures, and optimize the flow of traffic to avoid idling trucks. ITGO believes that the plan put forth by NYSDOT is a well-conceived solution for

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neighborhood concerns related to emissions caused by vehicle congestion on the bridge, and commend the state for conducting an all-inclusive process of stakeholder engagement as the project parameters were developed. From a logistics provider point of view, ITGO has raised concern about one component of the project, which is a proposed roundabout on Porter Avenue leading to ingress to the U.S. Plaza for vehicles entering Canada from the I-190 south. From our interactions and informal polling with trucking companies, it would be preferable for the state to introduce a signaled intersection at that location, to ease entry onto the plaza for trucks, particularly those carrying oversized freight. I offer the private sector resources of ITGO to work with the state to develop the best solution for that entry to the U.S. Plaza. To mitigate congestion at the Peace Bridge U.S./Canada crossing, and in doing so provide a more attractive route for shippers and manufacturers wanting to do business in Western New York, ITGO supports the NYSDOT Gateway project and urges New York State to move forward with the improvements that have been outlined expeditiously.

From: Streett, Daniel A. (DOT)To: Donohue, Thomas; Campon, RitaCc: Lehman, Maria; Hitt, Dan (DOT); Hans Anker; Griffis, JimSubject: FW: US Peace Bridge PlazaDate: Wednesday, April 16, 2014 8:44:42 AM

It appears that Bill McKibben has submitted his 4/13/14 opinion article from the BuffaloNews as his comments on the FEIS. From: ethicsguru@gmail.com [mailto:ethicsguru@gmail.com] On Behalf Of W.T. "Bill" McKibbenSent: Tuesday, April 15, 2014 5:02 PMTo: dot.sm.nygatewaySubject: US Peace Bridge Plaza Please accept my OP-ED on this issue from the BuffaloNews, Sunday, April 13, 2014. I reviewed dozens ofstudies and papers on the issues and have more than22,000 words of research that I maintained along withlinks to the published papers. It is, I believe a balancedreview of the issues based on the most up to date dataavailable. ~~~~~~~~~

Time to call a truce: Lets resolveissues so Peace Bridge can continueto play leading role in our regionseconomy

Lets resolve nagging issues so Peace Bridge cancontinue to play a leading role in our regionseconomyBy W.T. Bill McKibben / SPECIAL TO THE NEWSApril 13, 2014In the decade following the horrors of World War I, peace was celebrated at everyopportunity. The supporters of a bridge connecting Buffalo and Fort Erie, Ontario, seizedupon that tide and in 1927 the Peace Bridge was born. Today it is operated by the PublicBridge Authority. It is ironic that a bridge passionately dedicated to peace has in recent years

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ignited a war between those who see it as an engine of commerce driving perhaps the largestsector of our economy and others who see it as a threat to the health of those living nearby.Commerce flowing between the United States and Canada the largest trading relationship inthe world ranks Buffalo in the top five among the more than 300 land and sea ports in theUnited States. On March 3, 1805, when President Thomas Jefferson signed an act ofCongress designating Buffalo an official port, commerce flowed to and fro across the GreatLakes through the bustling port at Buffalo and across the state on ox carts. Twenty years latercame the Erie Canal, cutting weeks off that trip. Enter the railroads, and the grain:In 1861 I was at Buffalo. I saw the wheat running in rivers, rivers of food running day andnight. I saw the men bathed in grain, I felt myself enveloped in a world of breadstuff. I beganto know what it was for a country to overflow with milk and honey, to be smothered by itsown riches. (Anthony Trollope)When the St. Lawrence Seaway opened 55 years ago, many thought it ended our role as aport. Seaway shock distracted our leaders; they forgot that we were never really amanufacturing center so much as we were and are a distribution center. Goods and servicesare produced here because we are centrally located to serve the bulk of the U.S. populationplus the major Canadian markets. We missed a chance to morph from a lake portdistribution/manufacturing center to a land port distribution/manufacturing center an errorwe are just beginning to correct.The trucks and trains coming and going 24/7 transport far more goods than ever sailed thelakes. That, of course, brings forth those who say, Much good it does us, all those trucks andtrains just passing through. While its true that much of the commerce does just passthrough, do we get nothing from it? Not by a long-shot.All those goods passing through are supported by perhaps our largest economic sector: tradeand logistics. We are all aware of the truck terminals and those who protect our borders.What is not so obvious are the brokers who smooth the journey of all those goods to and froacross the border. Then there are the bankers, accountants, attorneys and others who supportthe flow of international trade. There are tens of thousands of well-paying jobs in this region,thanks to our border crossings.Health concernsBut is it worth the price? Thats the question that arises in connection with any improvementto the prime conduit across the Niagara River, the Peace Bridge. Even the slightest changebrings forth a firestorm of opposition. Much is easily dismissed as the normal not in myback yard opposition to any public project close to a residential community.Add to that a well-financed effort to fill the air with chaff and confusion from a Detroit for-profit bridge owner who feels threatened by any expansion of a not-for-profit competitor.Add a plethora of environmental concerns, incompatible aesthetic goals, and the processdrags on and on.The most serious ongoing concern is the role this gateway plays in the health of those livingnearby. What is the impact of pollutants created by vehicles passing over the bridge andacross the U.S. plaza? What is the role of these pollutants on those suffering from asthma?Are they triggering asthma attacks, even the disease itself? Asthma is a frightening scourge.Coughing, wheezing, loss of sleep, trouble breathing, a tight feeling in your chest and youfeel like you are suffocating. Without help you could die. Its bad enough for adults, but itshorrifying for children and their parents.However, we know infinitely more about asthma today than we did just a few years ago.On its website, the researchers at the Partners Asthma Center at Brigham and WomensHospital say, Like many other diseases, asthma likely results in part from a tendency,present in ones genes, toward developing the disease and in part from exposures that oneencounters in the world around us: that is, part heredity, part environment. We do not know

exactly what in our environment contributes to developing asthma in those with a geneticpredisposition. It may involve breathed particles to which we are allergic, cigarette smoke orair pollution, viruses or other germs, or some combination of these and possibly otherfactors.The Centers for Disease Control and Prevention website offers a long list of asthma attacktriggers: tobacco smoke, dust mites, cockroaches and their droppings, pets, mold, burningwood, plants, incense, candles, influenza, colds, respiratory viruses, sinus infections,allergies, outdoor air pollution, indoor air pollution, chemicals, acid reflux, exercise,medicines, thunderstorms, humidity, cold air, food, food additives and fragrances. Strongemotions leading to hyperventilation can also trigger an asthma attack.Outdoor air pollution includes internal combustion engine exhaust. From lawn mowers to 18-wheelers, they all contribute to this trigger. A Department of Environmental Conservationwind pattern analysis over the bridge and its plazas shows the prevailing winds from thesouthwest in the summer months and the west-southwest in winter months. Readings on theNiagara Thruway south of the bridge show much higher levels of pollutants than on the U.S.plaza. Thats not surprising; the Thruway traffic volume is much heavier than the PeaceBridge.Researchers use the number of asthma-related visits to emergency rooms and hospitaladmissions to pinpoint concentrations of asthma sufferers. Patient ZIP codes show where thedisease is most prevalent. The most recent study (July 2012) specifically addresses thisquestion as it relates to the Peace Bridge and its U.S. plaza. The New York State Departmentof Transportation commissioned the study, with the cooperation of the DEC and theDepartment of Health.It shows pollution levels adjacent to the U.S. plaza to be much lower than recommendedlevels. It shows four ZIP codes in Buffalo with higher levels of asthma-relatedhospitalizations and three with more visits to the emergency room than the neighborhoodadjacent to the bridge.Whats being doneReconfigurations of the bridge infrastructure and the inspection lanes have reduced backupsand idling time. Moving toll collection to the Canadian plaza and introducing the trustedtraveler programs, FAST and NEXUS, along with requiring truckers to have their paperworkcompleted before approaching the bridge, have all cut down idling time. The pre-inspectionprogram now being tested at the Canadian plaza will reduce truck idling time at the U.S.plaza. When fully implemented, pre-inspection will end nearly all truck idling here. It willmake expansion of the U.S. plaza unnecessary. The hiring of more Customs and BorderProtection agents, announced in late March, will cut wait times and keep the plaza nearly freeof idling vehicles.Add to that the improvements to diesel engines and fuel, not to mention even stricterrequirements just announced for 2016. All truck engines built beginning in 2007 run cleanerand use cleaner fuel. Two-thirds of the trucks crossing the bridge are 2007 or newer andmeet near zero emission requirements.To put Peace Bridge truck crossings in perspective, once the infrastructure and inspectionreconfigurations are in place, truck idling on the bridge or at the plaza will be minimal. Thoseimprovements, combined with reductions in diesel engine pollutants, will have the sameeffect as removing 90 percent of the bridge truck traffic. Its the same as cutting the dailyaverage truck crossings from 3,500 to less than 350 trucks a day.In a 2010 Washington press conference, Rich Kassel of the Natural Resources DefenseCouncil and Margo Oge, director of the Environmental Protection Agencys Office ofTransportation and Air Quality, celebrated the incredible vehicle exhaust reductions madeover the last decade, declaring that diesel trucks are now near zero emission. Particulate

emissions from 60 modern trucks now total no more than the emission from one old truck.And older trucks now use the mandated ultra low sulfur diesel fuel and are being retrofittedwith particulate filters to reduce emissions of this pollutant.Military leaders throughout history have made the mistake of preparing to defend their nationbased on their last war. Those with knee-jerk opposition to every action by the Peace Bridgeare doing precisely that. They are basing their arguments on data and conditions from adecade or more ago. This is a conflict where there can be no winners. In a perfect world,there would be no pollutants of any kind to damage our health. Trade would never generatenegative factors. And modern medicine would overcome asthma and all disease. While weare still working on that ideal world, we are much better off today than we were a decadeago. And the Peace Bridge is worlds beyond where it was a decade ago.I like the dreams of the future better than the history of the past, said Jefferson in 1805. Hecould not have imagined its future when he uttered those words. Let us hope our futureexceeds our dreams.W.T. Bill McKibben, a Hall of Fame broadcaster, writer and journalist, has a backgroundin cross-border tourism and trade. In the 1970s and 80s, he headed a marketing companythat was deeply involved in cross-border tourism, and worked to increase trade comingacross the North Atlantic route through Halifax and via rail to Buffalo and on to the easternUnited States.~~~~~~~~~~~W.T. "Bill" McKibben ~ WT@McKibben.com The Great Lakes Group3455 Warner Dr ~ Buffalo NY 14072-1043LL 716.883.4695 ~ Mobile 716.998.9848http://ethics-central.blogspot.com/www.Ethics-Guru.com ~ http://about.me/EthicsGuruPlease consider the environment before printing this e-mail

mailto:WT@McKibben.comhttps://urldefense.proofpoint.com/v1/url?u=http://ethics-central.blogspot.com/&k=ppNirDwWpcp60F64Pj2f9Q%3D%3D%0A&r=OS1xw168O8Ir5UKtK61BPsgt3kQcxKFWpEfn9piLPBc%3D%0A&m=tYqTxkcQEM5%2BLk5puvwoL9R8RMhSm5wZzU7NVqBD04g%3D%0A&s=c82ff6714e37f09decd86c3b15367e626babcf11620be468c61f07d3f8a2f6a0https://urldefense.proofpoint.com/v1/url?u=http://www.Ethics-Guru.com&k=ppNirDwWpcp60F64Pj2f9Q%3D%3D%0A&r=OS1xw168O8Ir5UKtK61BPsgt3kQcxKFWpEfn9piLPBc%3D%0A&m=tYqTxkcQEM5%2BLk5puvwoL9R8RMhSm5wZzU7NVqBD04g%3D%0A&s=45571dfe4bc1f69545d6960a04f78cbe8077325b72793d7c0387e32a341525ddhttps://urldefense.proofpoint.com/v1/url?u=http://about.me/EthicsGuru&k=ppNirDwWpcp60F64Pj2f9Q%3D%3D%0A&r=OS1xw168O8Ir5UKtK61BPsgt3kQcxKFWpEfn9piLPBc%3D%0A&m=tYqTxkcQEM5%2BLk5puvwoL9R8RMhSm5wZzU7NVqBD04g%3D%0A&s=2c9a26780f2a84800aaf9d62a9f6569b2bacf4345748bc08fa675cad70456a0c

Commissioners

Kathleen L. Neville Ernest K. Smith Russell G. Quarantello Kenneth E. Loucks Francis A. Soda Janice A. Thomson Harry R. Palladino Linda L. McAusland

L. J. (Lew) Holloway, B.Sc., B.Ed. General Manager

5365 Military Road P.O. Box 395 Lewiston, NY 14092 Niagara Falls, ON L2E 6T8 Phone: (716) 285-6322 Phone: (905) 354-5641 Fax: (716) 282-3292 Fax: (905) 353-6644

Resolution

That the NFBC Board of Commissioners agrees with the conclusion

in the New York Gateway Connections Project Report that

diversion of commercial truck traffic from the Peace Bridge to the

Lewiston-Queenston Bridge is not feasible or practical for the

reasons outlined in the report.

Adopted: April 28, 2014

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From: Mark NowakTo: dot.sm.nygatewaySubject: public commentDate: Wednesday, April 09, 2014 8:41:12 PM

Dear Sirs, I would like to comment on the NY Gateway connections improvementproject.#1.at this time I would vote for the NO improvement at this time. I feel there is littleneed to tear up the streets, curbs, sidewalks and lights that were installed approx 18months ago along Porter Ave.I see that you moving a traffic problem that currently exists 1 block away for$22million ( with out the cost overruns) Truck traffic may not be lined up on theactual 190 north bound lanes but will be lined up on Busti Avenue. Winds DO bringirritating exhaust fumes over the westside of Buffalo. I live less than 1.5 miles fromthe bridge and probably less as the crow flys or winds blow, and on some summerdays I can smell the fumes inside my house.#2. If you insist on proceeding with this project, perhaps you could add a 3rd laneon the 190 , that would creep into the edge of the park, but do not route traffic ontoBusti Ave.#3.Or at minimum STOP all trucks as they approach Rhode Island Street, andrelease them only when truck traffic clears ahead, so they will not be idling on BustiAve.#4. Fund a study to move truck traffic to the LewistonQueenston Bridge wherethere is plenty of room to expand, and not pollute residents, as the downdrafts pushthe fumes into the gorge, and not into homes.Expanding the Lewiston Queenston Bridge would l be a double bonus New YorkState. And for the future of the Buffalo Bills, if Howard Milstein, the Manhattan realestate developer with close ties to Gov. Cuomo, who owns more than 140 acres ofprime land decides to build a new stadium. The expansion would make travel forCanadian fans closer and with less bridge waiting times.Mark Nowak19 Union PlaceBuffalo, New Yorktel 716-830-1887

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Streett, Daniel A. (DOT)

From: Pascale, Margaret [Margaret.Pascale@erie.gov]Sent: Friday, May 02, 2014 12:12 PMTo: dot.sm.nygatewaySubject: comment to plaza project

Importance: High

For all of the ambitious landscaping plans, there is still no solution to traffic overflow. The PBA says more inspectionbooths & agents will be open to move traffic through faster, but this remains to be seen.There seems to be a stunning lack of coordination among the agencies involved & responsible for the whole area: PBA,DOT, COB and whatever NIITEC is.You are not going to achieve a successful outcome if you think you are all autonomous- you must work together. Andyou must stop punishing the neighborhood with overreaching goals of unbridled commerce.There are quality of life issues and major health concerns that cannot be ignored / sidestepped / glossed over.The neighborhood demands to be heard and the message is simple: TAKE THE TRUCKS AWAY.

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From: Streett, Daniel A. (DOT)To: Donohue, Thomas; Campon, RitaCc: Lehman, Maria CSubject: FW: Comments to the Final Environmental Impact StatementDate: Thursday, April 17, 2014 9:27:23 AM

Comments on FEIS. From: gsentz@verizon.net [mailto:gsentz@verizon.net] Sent: Thursday, April 17, 2014 9:22 AMTo: dot.sm.nygatewaySubject: Comments to the Final Environmental Impact Statement Dear Mr. Daniel Streett,

Please accept this email as my comments to the Final Environmental Impact Statement (FEIS) for the NYGateway Project at the Peace Bridge in Buffalo NY.

I have attended the Public Hearing and one Public meeting prior to the hearing. I also have written comments atthat time supporting the project alternative and recommending the project move forward. Based on the FEIS, myexperience at these public meetings and my professional opinion, I still fully favor construction of the project.

I believe that NYSDOT as more than fully addressed all areas of concern and that this project will not degradeany environmental aspect. I believe that the work in eliminating the roadway through an Olmstead park is a hugebenefit to the community. Providing direct access from the Thruway to the Peace Bridge plaza will keep idlingtruck off the local roadway system.

Having the busiest car crossing and the second busiest truck crossing requires improvements to the roadwaysleading to the Plaza. The project provides smoother traffic flow and is much less confusing to motorists goingto/from Canada.

Lastly, the improvement to the bike/walking trail will add significantly to the area. The outlook that is planned willbe a signature piece of the tail.

I fully support the project. We have studied too many different alternatives in and around this area. This projectneeds to be built. It is good for the community and the Buffalo area in general.

Thank you

Gerard J. Sentz, PE

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Lehman, Cheryl

From: Streett, Daniel A. (DOT) [Daniel.Streett@dot.ny.gov]Sent: Friday, March 28, 2014 2:44 PMTo: Robert.Davies@dot.govCc: Hans.Anker@dot.gov; kaylie.kramer@dot.gov; Hitt, Dan (DOT)Subject: FW: Upcoming Open Houses

FYI -

From: soto.natashad@gmail.com [mailto:soto.natashad@gmail.com] On Behalf Of Natasha Soto

Sent: Friday, March 28, 2014 2:38 PM

To: Streett, Daniel A. (DOT); maria.lehman@thruway.ny.gov Cc: Erin Heaney

Subject: Upcoming Open Houses

Dan and Maria,

Rivera's office forwarded us the flyer regarding the upcoming open houses for the FEIS.

I noticed that a date for the release of the FEIS has not been scheduled but the deadline for the

comment period has been scheduled for May 5th.

Because of the increased turnout in the languages spoken in the neighborhood we anticipate

residents needing more than a month (depending on the FEIS release) to make meaningful and

appropriate comments. Would you please consider extending the comment period past May 5th?

I also noticed that our office was not listed as a location where an FEIS would be placed. Our

Organization, as well as our membership depends on having an EIS easily accessible and are hoping

you would consider placing one in our office, much like the DEIS was. Is this possible?

--

Natasha Soto

Community Organizer

Clean Air Coalition of WNY

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716.852.3813

341 Delaware Avenue

Buffalo, N.Y. 14202

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Clean Air is funded by people like you! Donate today.

Daniel Streett, PE & LS Engineering Division New York State Department of Transportation 50 Wolf Road Albany, NY 12232 Jonathan McDade New York Division Administrator Federal Highway Administration Lea OBrien Federal Building Room 719, 11A Clinton Avenue Albany, NY 12207 RE: Final Environmental Impact Statement (FEIS) to the New York Gateway Connections Improvement Project to the US Peace Bridge Plaza Dear Mr. Streett, and Mr. McDade Clean Air: Organizing for Health and Justice, protects the right of Western New York residents to breathe clean air and live, work, and play in a healthy environment. Clean Air works to advance policy that protects public health and the environment through grassroots organizing. Our organization and its members have been participating in the NY Gateway Connections Project process since May of 2013, and are submitting comments to the Final Environmental Impact Statement (FEIS) for this project. We have serious concerns about the process that was used by the agency to solicit public input and the project design. Overview and Context

Currently the Peace Bridge processes two-thirds of the truck traffic that passes from New York to Canada, approximately four thousand (4000) trucks a day- and it is the third largest land port in the United States. Depending on the amount of booths open, and the number of custom agents working that day, traffic can be backed up for hours both on the bridge and on the US Customs Plaza. While waiting to be inspected and to continue on their route, trucks waiting on the plaza wait with their engines on, idling for hours, spewing diesel exhaust into a very dense and highly populated neighborhood for hours at a time, at least twice a day. Diesel exhaust has been known to exacerbate asthma, and has been linked to lung cancer when studied in truck drivers and was declared a human carcinogen by the World Health Organization1 in July of 2012. The West Side

1 Oxford Journals Medicine, JNCI, Volume 104, Issue 11, Pp. 855-868. The Diesel Exhaust in Miners Study: A Nested CaseControl Study of Lung Cancer and Diesel Exhaust

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of Buffalo has asthma rates that are 4-times the national average, and two-and-a-half times higher than on the East Side of Buffalo, a neighborhood with similar housing stock. Residents want to see improvements in their neighborhood that will ease congestion, reduce the amount of trucks passing through their neighborhood, improve air quality, and alleviate health problems. Residents also have an idea of what these solutions are, and should be invited to participate in the decisions that are being made about their neighborhood. Public Outreach and Environmental Justice

Clean Air believes the Federal Highway Administration (FHWA) and NYS Department of Transportation (DOT) failed to comply with Title VI of the Civil Rights Act when conducting the majority of the public outreach for the project. Much of this was stated in our comment letter in response to the scoping meeting as well as our comments to the Draft Environmental Impact Statement (DEIS), but we were, and still are, so incredibly disappointed with the lack of appropriate outreach conducted by Parsons, DOT and Federal Highway. Buffalos West Side is home to a large refugee and immigrant population, many who are limited in their English proficiency. Thirty percent (30%) of households on the West Side speak Spanish. In a report prepared by Buffalo Public Schools Office of Shared Accountability2, there were 34,332 students district wide in 2009 who were English Language Learners (ELL) or Limited English Proficiency (LEP), and the total number of languages spoken was 67. Buffalo Public School #3: DYouville Porter Campus is a PK- 8 school located almost adjacent to the Peace Bridge Plaza, and is included in the study area in the DEIS. It is home to almost 700 students, and 202 of them speak a language other than English. It is safe to say that many of these languages spoken at school are probably also spoken in the home. Even though Parsons and DOT were informed, and advised, well in advance, of the various languages spoken on the West Side- whether at home or at school- and what languages outreach should be conducted in the agencies failed to provide adequate language accessibility for much of the public meetings. Individuals with Limited English Proficiency and English Language Learners who live on the West Side deserve to be included in the decisions that will impact their neighborhood, and potentially their health. Clean Air believes that residents and members of the West Side, who will be impacted by this federally funded project, have been denied the opportunity for meaningful participation because of their race; ethnicity; national origin; and L.E.P., which is Debra T. Silverman, Claudine M. Samanic, Jay H. Lubin, Aaron E. Blair, Patricia A. Stewart, Roel Vermeulen, Joseph B. Coble, Nathaniel Rothman, Patricia L. Schleiff, William D. Travis, Regina G. Ziegler, Sholom Wacholder and Michael D. Attfield 2 English Language Learners (ELL) in the Buffalo Public Schools. Prepared by Tamara Alsace, Director of Multilingual Education based on data provided by Office of Shared Accountability. 2011-2012

why Clean Air, and three residents, have filed a Title VI- civil rights complaint with the United States Department of Justice against NYSDOT, FHWA, and Parsons Corporation. We want to ensure that a transportation project impacting truck traffic on the West Side is inclusive and aims to protect the health of the residents and does not disproportionately affect the health and safety of a low-income, community of color. Historically, many barriers have excluded people of color and people who live in poverty from fully participating in public life. The EJ movement worked for decades to ensure that marginalized populations have protections and are included in environmental decision making. One outcome of this movement was the 1994 Executive Order on Environmental Justice signed by President Clinton. The order states that, each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations", to which the DOT is committed to an inclusive and comprehensive approach, as stated on FHWAs website. Purpose of and Need for Project

The stated purposes of the project in formal documents and the political rhetoric surrounding the project have led to confusion about the goals and purpose of the project. There were many claims made about this project when it was first announced in March of 2013. Both the DEIS and FEIS state that one purpose of the project is to reduce the use of the local streets by interstate traffic (autos and trucks) by removing Baird Drive. Baird Drive, the street the proposed project wants to remove, was designed for traffic entering and exiting the Peace Bridge back in the 1950s. Removing Baird Drive simply moves traffic from one local street to another. Porter Avenue is used by pedestrians and cyclists and is very close to the Lakeview Family Homes. Stating that the project moves trucks away from residents isnt accurate. Clean Air also finds it problematic that DOT and FHWA have no problem moving traffic away from residents of the affluent Busti Avenue, adjacent to the Plaza, where homes are worth upwards of $90,000 and whose residents are primarily white; to federally subsidized housing on 4th Street, where residents are primarily Hispanic and approximately 30% of the household income is less than $10,000. Clean Air believes that the limited need for this project can be achieved without removing Baird

Drive and building a traffic circle on Porter Avenue. Our comments were not addressed in the DEIS or FEIS, but we would have liked to see air quality data and traffic data on the project alternatives if they were not combined into one Build Alternative. We would have liked to see data on at least 2 different Build Alternatives, the one proposed, and one alternative that did not include the removal of Baird Drive and the traffic circle, just the construction of the two new ramps; Ramp D and Ramp PN.

Alternatives

The DEIS mentions studies that were done prior to the scoping meeting in order to determine the best solution for removing traffic off of local streets. During the scoping process the community was only shown two alternatives; a Build and a No build Alternative. The Build Alternative is in fact at least two (2) alternatives, and should be presented as such. Both the DEIS and FEIS failed to evaluate the impact to air quality and traffic for the following pieces of the project, which we believe should have been separated from the Build Alternative into different alternatives: 1. Removal of Baird Drive, construction of traffic circle on Porter Avenue 2. Construction Ramp D and Ramp PN We would like the lead agencies to separate the build alternatives into its respective options and study the traffic, air quality, and safety implications of each separately to ensure all pieces of the project are needed. For example, if Ramp D and Ramp PN could alleviate congestion of traffic entering and exiting the Peace Bridge and on Baird Drive, there may be no need to remove Baird Drive. The US Environmental Protection Agency suggested during the scoping process that the DOT and the FHWA should also include alternatives that may not be under the jurisdiction of the lead agency, but these alternatives were not presented in the DEIS or the FEIS. If the PBA is also conducting construction projects aimed at improving traffic flow and alleviating congestion at the plaza these projects should be included, and evaluated accordingly, and they should be compared to the different Build Alternatives mentioned above in order to determine which, if any, alternatives are needed. If the PBAs projects ease congestion there may be no need to spend $35.2 Million on the NY Gateway Project. Project Study Area

The project study area was not determined until the scoping document was released so the public

did not have an opportunity to comment on, or participate in developing the area. Throughout community meetings, there have been numerous concerns on how it does not encompass the entire area that would be affected by the project. Removing Baird Drive and moving traffic onto Porter is going to have a larger effect on the project study area designated by the lead agencies. Currently, the traffic using Baird Drive to access the Peace Bridge affects more than Baird Drive. Residents living in the surrounding area can get stuck in traffic on their own block on the way around the corner, residents access to the park is often blocked by traffic, and when traffic is really backed up on the bridge, trucks often pull off on local streets, idling, waiting for the traffic to alleviate. The study area should be extended past what is in the DEIS and FEIS to include the areas that are already affected by the current traffic pattern, and will be further affected by the proposed projects traffic pattern. Parts of the neighborhood that extend past Jersey Street and Prospect Avenue, streets designated by the lead agencies should be included. Environmental Justice Area

There is also a troubling discrepancy between the designated project study area and the Environmental Justice Study Area. The DEIS included five (5) census tracts in the area surrounding the Peace Bridge, and claims that the EJ Area was chosen to anticipate the extent of effects on air quality that would result from the Build Alternative (pg. 4-8), but fails to include the census tract with the most impacted residents in their EJ Study Area. Poor air qualities; and the health problems surrounding poor air quality, like asthma and COPD, affect poor people and people of color at higher rates than it does other groups of people, like whites. Even though poor air quality affects poor communities of color at a higher rate, the census tract (70) that was chosen for the DEIS was one that was predominately (45.7 %) white and 40.7% Hispanic/ Latino. The DEIS should have used census tract 71.01 as the EJ Study Area because of its higher percentage of people from marginalized groups, 59.6% Hispanic/ Latino and 37.4% white, with a higher population than census tract 70. Even a combination of the tracts would give a better idea of the community affected by the current traffic and air quality problems, and who will be affected from the traffic and air quality problems that may arise from the proposed project. We want to see an EJ Study area that is true to the term Environmental Justice, and includes more of the community of color that is currently facing, and will face a disproportionate impact from the amount of truck traffic contributing to the asthma epidemic on the West Side if this

project moves forward. To do otherwise, to name the EJ Study Area as a part of the community that is predominately white and affluent, does the Environmental Justice movement- a movement that many before us have fought for and have worked hard to bring to light- an injustice, and it is extremely offensive. The EJ Study Area should be redefined to include more people of color. Clean Air is also concerned that removing Baird Drive and constructing a traffic circle on Baird Drive would push truck traffic, and therefore diesel exhaust, closer to a low-income community of color that lives bordered by Interstate-190, Niagara Street and Porter Avenue. We are concerned that this project will further exacerbate the already high rates of asthma and increase the levels of carcinogenic diesel exhaust and further increase the respiratory diseases the neighborhood is already inundated with. It is for this reason and for the reasons mentioned above, that we believe a larger inclusion of people of color should be included in the EJ Study area and that a project that improves air quality should be considered by the Dept. of Transportation and the Fed. Highway Administration. Secondary and Cumulative Impacts

This project is just one of many major trucking and infrastructure projects in the neighborhood. The PBA is currently conduction construction projects that aim to move traffic more efficiently on their plaza. A pilot program that would allow trucks coming from Canada to the US to be processed on the Canadian Plaza also starts in 2014. The City of Buffalo is also leading a Niagara Gateway Project that will reduce Niagara Street from Elmwood Avenue, near Buffalos downtown, to Porter Avenue, near the Peace Bridge. This project is still in its research phase, but it could include reducing that section of Niagara Street from 4 lanes to 2, bike lanes on both sides, a median for turning traffic, lighting and greenery. The DEIS and FEIS mention that these projects may also be conducted at the same time as the NY Gateway Project, but does not address how these projects will interact together, specifically how these projects will affect traffic, and therefore, air quality around that area. It is not enough for the DIES and the FEIS to simply mention the occurrence of projects. Clean Air and its membership want to know how the narrowing of Niagara Street will impact traffic that will be entering and exiting the Peace Bridge onto/ from local streets; including, but not limited to: Porter Avenue, Busti Avenue, Niagara Street, Baird Drive, and Massachusetts Avenue, and how the areas air quality will be subsequently affected. Segmentation

Clean Air continues to express concern that this project is being segmented from the larger Peace Bridge expansion project in order to segment the environmental impacts and pass the review process. There are a number of different projects currently in the works for the Peace Bridge Plaza and the surrounding area. The PBA is investing $20 Million to renovate their Customs Commercial Building, and more than $10 Million to widen the Peace Bridge approach. Since Governor Cuomo has taken an interest in the Peace Bridge, historic homes have been demolished on Busti Avenue that the PBA has owned for more than 20 years, and the Episcopal Church Home, an old nursing home adjacent to the plaza, has been purchased by NY State for $4.7 Million. It is for these reasons, as well as others, that we believe the Gateway Project is being segmented from a larger Peace Bridge Expansion Plan where Duty Free Americas will be moved to the current Church Home site, and the footprint of the plaza will be expanded past Busti Avenue. Please see the Coalitions comments during the scoping meeting for a complete discussion of segmentation concerns3. Clean Air membership wants to see progress in their neighborhood. They also want to live in a neighborhood where they can work and play that does not cause them difficulty to breathe or make them sick. Investment in the West Side, in the neighborhood surrounding the Peace Bridge, specifically, should improve traffic congestion as well as air quality, and we are disappointed that the Niagara Gateway Connections Improvement Project to the US Peace Bridge fails to do both things well. Residents and our membership continue to feel disenfranchised by DOT and FHWAs and the public process conducted for this project and would have liked to see our suggestions and concerns taken seriously by the lead agencies and incorporated both in the DEIS and FEIS. As always, our membership and staff is willing to discuss our suggestions and concerns with your agencies. Please do not hesitate to contact us. Sincerely, Natasha Soto Community Organizer Clean Air: Organizing for Health and Justice 341 Delaware Avenue Buffalo, New York, 14202 716.852.3813

3 Clean Air: Organizing for Health and Justice Scoping Meeting Comments

Project Coordinator NY Gateway Connections Project New York State Department of Transportation 100 Seneca Street Buffalo, NY 14203 July 10, 2013 Dear Project Coordinator, I am writing on behalf of the Clean Air Coalition of Western New York regarding the Federal Highway Administration (FHWA) and the New York State Department of Transportations (DOT) proposed NY Gateway Connections Improvement Project to the US Peace Bridge Plaza. The Clean Air Coalition protects the right of Western New York residents to breathe clean air and live, work, and play in a healthy environment. Clean Air works to advance policy that protects public health and the environment through grassroots organizing. Our work on the West Side of Buffalo is important because of the 4,000 trucks and 20,000 cars that pass daily through the neighborhood to and from the Peace Bridge Plaza, the nations third largest land port. Two-thirds of diesel emitting international truck traffic in the region is processed in this neighborhood. Studies have found that nearly 45% of West Side households have someone with a respiratory illness and the neighborhood has elevated levels of lung and breast cancer. In 2012, diesel exhaust was declared a human carcinogen by the World Health Organization. We are committed to pursuing policies that will improve public health outcomes in this neighborhood and to improving the quality of our democracy. Our members and staff attended both Public Scoping Meetings hosted by the NYSDOT, Parsons Consulting Group, and Ecology and Environment Consulting. This letter details our response to the scoping meeting. Environmental Justice and Public Outreach The West Side of Buffalo is an environmental justice neighborhood. It is the most diverse, dense and resurgent neighborhood in the City of Buffalo. According to census data, the population on the West Side, zip codes 14201 and 14213 specifically, is approximately: 35% Hispanic/ Latino, 23% Black or African American, 20% are of another race that is not white, and 30% of the West Side speaks Spanish at home. It is also one of the poorest neighborhoods in Buffalo, with a median household income of $11,000.

Historically, many barriers have excluded people of color and people who live in poverty from fully participating in public life. The environmental justice movement worked for decades to ensure that marginalized populations have protections and are included in environmental decision making. One outcome of this movement was the 1994 Executive Order on Environmental Justice signed by President Clinton. The order states that, each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations", to which the DOT is committed to an inclusive and comprehensive approach, as stated on the FHWAs website. The US DOT is committed to the principles of EJ, which include: To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental

effects, including social and economic effects, on minority populations and low-income populations. To ensure the full and fair participation by all potentially affected communities in the transportation

decision-making process. To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and

low-income populations. The Title VI Act of 1964, as amended, helps to ensure anti-discrimination is enforced throughout the work undertaken by all recipients of federal funding. New York State Department of Transportation's (NYSDOT) Title VI/Environmental Justice program serves to create, implement and regulate procedures that comply with Title VI of the Civil Rights Act of 1964. The NYS DOT has also publicly expressed its support for advancing environmental justice. NYS DOTs Environmental Interagency Taskforce identifies its goals as ensuring that all affected groups, including environmental justice communities, are recognized, consulted, and given the opportunity for meaningful input. The scoping meeting failed to include environmental justice communities in a meaningful way. First, the public was not fully aware of the Public Scoping meeting. Two public notices were printed in the local Buffalo News on May 28th and 29th, only two (2) weeks before the meeting. No notices were published in

Spanish, or any other language spoken on the West Side or in the local Hispanic newspaper, Panorama Hispano News, which is widely read and is published in English and Spanish. Mailings for the initial public scoping meeting were printed only in English and were received by a small number of residents one (1) week before the meeting. Fliers were posted one (1) week in advance of the meeting in few and barely visible locations, and were handed to agencies and organizations three (3) days before the meeting leaving very little time for residents to make the necessary arrangements, like childcare, for example, in order to attend the meeting. When community members expressed concern about the lack of proper notification, a representative from Parsons Consulting made excuses about how busy they have gotten and how they ran out of time. Materials available at the first public scoping meeting were only in English. The presentation, the handouts, and the poster boards were all in English. Representatives from DOT, Parsons and E&E only spoke and understood one language: English. Representatives at the scoping meeting made sure to let us know that there was a Spanish translator available, if needed, but they did not know where or who she was. One translator is not sufficient to translate the entire presentation, handouts and poster boards for anyone who needed it. Materials regarding the project were not available online in English or Spanish until June 25th, but when asked to extend the public comment period because of this delay, Ms. Lehman refused. These actions would not be considered attempts of including the public, much less inclusion of environmental justice communities, in meaningful participation. The DOT should, and is fully capable of: translating materials in the language(s) spoken by the affected community, publishing notices thirty (30) days in advance of the public scoping meeting in languages spoken by

affected community, of providing relevant materials in languages spoken by affected community, thirty (30) days before

comments are due for submission, to publish those materials online in languages spoken by affected community, thirty (30) days before

comments are due for submission, and to meaningfully engage individuals regardless of race, national origin, or language. Project Design

Members of the Clean Air Coalition who attended the Public Scoping Meeting left with more questions than answers. The need for the project was not clearly defined. Residents were unsure of the need for the project and do not understand why the FHWA and the DOT are improving New Yorks Gateway connection by restoring Front Park, removing Baird Drive, and building a ramp(s) and a possible traffic circle on Porter Avenue. The Clean Air Coalition collected surveys from residents who attended, 40% said they felt the project need was not clearly explained. If the need is to improve traffic entering and exiting the Peace Bridge Plaza, we propose waiting until the recently announced traffic study for the Peace Bridge Plaza is done in order to determine if there is actual need for the proposed project. We also propose expanding the traffic study area to include more of the low income and minority community that would be affected by the proposed project, particularly into the zip code 14201, which includes Buffalo Municipal Housing Authority units where residents often report trucks idling on residential streets. Many residents expressed concerns about the proposed traffic circle. Representatives at the meeting could not provide a clear answer to the question if the traffic circle on Porter Avenue was a design component of the project or an alternative to the project. If a traffic circle is being proposed, residents need to be aware of that option, and alternatives to the circle need to be presented. The Coalition also requests that the circles impact on-traffic and congestion, air quality, noise levels, and most importantly, safety be addressed. Would a traffic circle make it safer/ easier or harder for residents to cross the street at Porter and 7th, and/or to access Front and LaSalle Parks? Would trucks and wide loads be able to navigate a traffic circle? Additionally, alternatives to the project design were not presented at the public scoping meeting.

Alternatives to removing Baird Drive were not presented. Alternatives to the proposed ramps were not presented. A no build alternative was not presented.

Safety 85% of residents who responded to our survey were concerned that issues pertaining to the safety of the proposed project were not addressed at the public scoping meeting. There are two parks, Front and LaSalle, within walking distance of the project. There is also a public elementary school, a public library, a University, and a Burger King all within walking and biking distance of the proposed project and the surrounding neighborhood. Residents expressed concern that safety was not mentioned at the scoping meeting, and representatives could not answer questions pertaining to the safety of the proposed project on the neighborhood, to pedestrians, bikers, children, and university students. The Environmental Impact Statement (EIS) must address if and how safety will be improved by moving traffic from Baird Drive to the foot of Porter Avenue. Our outstanding questions include:

How will the proposed project affect individuals crossing to LaSalle and Front Parks, children attending DYouville Porter Public School 3, students attending DYouville College, residents of Buffalo Municipal Housing Authority (BMHA) and Lakeview Family Homes on 7th Street?

How will the proposed project impact individuals who are visually and hearing impaired, people with disabilities, and senior citizens? How will the project alternatives, if any, affect these populations?

Air Quality As stated previously, the neighborhood adjacent to the Peace Bridge is already disproportionately affected by the number of trucks passing through it; currently it receives two-thirds of the truck traffic in the region despite there being other bridges in the area. Peer-reviewed studies have found that almost half of all households on the West Side have someone with asthma, or another respiratory disease, residing in them; rates that are 2.5% higher than other parts of the city. The scoping meeting did not address air quality impacts in any meaningful way. The only air quality data was the word air quality printed on a list of impacts that would be studied. Again, representatives present at the scoping meeting could not answer questions pertaining to the effects the proposed project would have on air quality even though air quality was a topic of concern for the proposed project. Representatives could not tell us what type of air monitoring would be conducted, if any, or if air monitoring data recently gathered from the Department of Environmental Conservation would be referenced for information. Furthermore, mitigation, such as green buffers, to current and future air quality concerns if the proposed project proceeds were not discussed at the scoping meeting.

The EIS must address air quality impacts in a comprehensive and meaningful way. Cumulative Impacts The Council for Environmental Quality (CEQ)s guidelines for implementing the National Environmental Policy Act (NEPA) states that cumulative effects are impacts which result from the incremental consequences of an action when added to other past and reasonably foreseeable future-actions. Additionally, the NYSDOT has indicated, as an agency action for their Environmental Justice Interagency Taskforce, that major roadway expansion projects should include the impacts of existing facilities and mobile sources contributions to air quality. Representatives present at the scoping meeting or materials regarding the proposed project did not address cumulative impacts, nor were questions answered regarding cumulative effects of a number of proposed projects on the West Side. The Federal Highway Administration and the Office of Public Works of the City of Buffalo have also presented improvements to Niagara Street, a local street which is also designated as a highway, which, if approved, will reduce the street from the two (2) lanes going both ways (4 lanes in total) as it is currently, to one (1) lane (2 lanes in total) with a center turning lane and bike lanes going both directions. The Coalitions membership wanted, and did not receive, answers to the following questions:

How would the Gateway Improvement Project affect traffic exiting the Peace Bridge Plaza onto Niagara Street or traffic entering Porter Avenue from Niagara Street, and consequently, how will these proposed projects affect air quality?

Will reducing Niagara Street to one lane in both directions significantly slow down traffic, therefore increasing idling times from cars and more importantly, trucks, leading to poorer air quality on the West Side?

What will a traffic circle do to air quality if constructed independently of Niagara Street changes, and coupled with those changes? What will one, or both of these projects do to the air quality of the neighborhood if the Peace Bridge Plaza is expanded?

The effects on air quality if both or only one of these proposed changes to the neighborhood get approved need to be addressed, and studied before either of these projects proceed, as does the potential for a larger Peace Bridge Plaza. We also fear the Peace Bridge Authority (PBA) is violating the Council for Environmental Qualitys (CEQ) regulations on segmentation; that this project, as well as the Niagara Street Corridor Improvement

Project, which will be using federal funding, and the recently purchased Episcopal Church Home, is an attempt to segment the PBAs larger Plaza expansion plans. As this project moves forward, the Clean Air Coalitions membership of impacted residents are deeply concerned about the NYSDOTs outreach efforts and lack of meaningful data about the proposed project. Expansions and improvements to the Peace Bridge Plaza have been a topic of discussion in the City of Buffalo for more than two decades, but the same can not be said for the inclusion of the low income communities of color living adjacent to the plaza. We were assured by Maria Lehman and Parsons that meaningful public outreach would take place and that relevant materials and presentations would be in languages spoken by the residents of the West Side. Their efforts were unacceptably awful. We are deeply disappointed that NYS DOT did the minimal amount of outreach and was not inclusive. The public was not given the opportunity it deserves, and has been fighting for, to participate in the decisions that affect their neighborhood, their health, and their lives. Due to the lack of inclusion exhibited by the DOT so early in the process, Clean Air and its membership fear that the best interests of the neighborhood and the health and well-being of residents are not being considered; the residents of the West Side deserve better. We propose that the agency conduct a Health Impact Assessment (HIA) rather than just an EIS to ensure that the health of the West Side and the people that live there are the primary concern for the proposed project. The Clean Air Coalition and its membership is willing to discuss these concerns and answer any questions with you or someone from your agency. We are looking forward to your response. Sincerely, Natasha Soto Erin Heaney Community Organizer Executive Director Clean Air Coalition of WNY Clean Air Coalition of WNY 341Delaware Avenue 341 Delaware Avenue Buffalo, NY 14202 Buffalo, NY 14202

JNCI | Articles 855jnci.oxfordjournals.org

doI: 10.1093/jnci/djs034Advance Access publication on March 5, 2012.

Published by Oxford University Press 2012.

This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial

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jnci.oxfordjournals.org JNCI | Article 1

DOI: 10.1093/jnci/djs034 Published by Oxford University Press 2012.

The question of whether diesel exhaust causes lung cancer in humans has been investigated in many studies since the 1980s. In 1989, the International Agency for Research on Cancer (IARC) classified diesel exhaust as a probable carcinogen (IARC classification: Group 2A) based on sufficient experimental evi-dence and limited evidence of carcinogenicity in humans ( 1 ). Two meta-analyses ( 2 , 3 ) of epidemiological studies have estimated the summary relative risk for lung cancer for those ever occupa-tionally exposed to diesel exhaust as 1.33 (95% confidence interval

[CI] = 1.24 to 1.44) ( 2 ) and 1.47 (95% CI = 1.29 to 1.67) ( 3 ), based on more than 35 studies. A pooled analysis ( 4 ) of 13 304 case sub-jects and 16 282 control subjects from 11 lung cancer case control studies in Europe and Canada yielded an odds ratio (OR) of 1.31 (95% CI = 1.19 to 1.43) for subjects in the highest vs lowest quartile of cumulative diesel exposure based on a job exposure matrix ( 4 ). Although these meta-analyses ( 2 , 3 ) and the pooled analysis ( 4 ) suggest a modest but consistent effect, the excesses are in a range that could be explained by confounding ( 5 ), particularly from

ARTICLE

The Diesel Exhaust in Miners Study: A Nested Case Control Study of Lung Cancer and Diesel Exhaust Debra T. Silverman , Claudine M.