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9/2/2003

Editor:

"Ignorance is Bliss" should have been the headline of your August
8, 2003 story called "State budgets $125 million for two more Route 219
sections".

If that old saying is correct, then Pat McGee, Pete Nixon and Jess
Fitzpatrick must surely be among the happiest people in Western New York.

Unfortunately, due to their ignorance or gross abrogation of
responsibility, many others in Western New York are suffering.
Residents and property owners have long been in a state of limbo, not
knowing if they should improve their homes or businesses that might some
day be lost to a freeway. Many people have spent considerable amounts
time and money in vain attempts to receive their rightful voice in the
environmental review process, enduring years of uncertainty and
frustration, unable to prevent the thoughtless and needless destruction
of forests, wildlife habitats, water resources and historic homes and
farms.

Fortunately, a silver lining exists. Because getting things wrong
seems to be what the NYSDOT does best, this project will soon run into
problems so obvious that even these politicians may understand.

Pete Nixon was reported to have said that "some environmental
issues over wetland impacts and stream impacts need to be resolved with
regulatory agencies".

These are not trivial issues. The wetland and stream impact issues
require federal and state agencies to comply with the National
Environmental Policy Act, the National Historic Preservation Act,
Section 4 (f) of the Department of Transportation Act, the Endangered
Species Act and several important NYS Conservation Laws.

For example, to obtain the Clean Water Act permit, the Army Corps
of Engineers must review and adopt the Environmental Impact Statement,
obtain Clean Water Act certification and State Pollutant Discharge
Elimination System permits from the NYS Department of Environmental
Conservation. Completing those items will require NYSDEC review of the
proposed relocation of Great Valley Creek, and compliance with NYS
Environmental Conservation Laws that virtually preclude creek
relocation. Because Great Valley Creek is located in a Federal
Emergency Management Agency designated floodplain, Executive Order
11988 compliance will also be required. This requires FEMA comments to
be included in a draft EIS. Because this has yet to be done, a new or
supplemental draft EIS will obviously be required.

The idea that all this work, which will require public hearings,
review, and approval by state and federal agencies, will be done in time
for freeway construction to begin in the Spring is preposterous.

We must demand that our elected officials investigate these
important regulatory issues and start giving the public straight answers
about the Route 219 project.

Bill Norton
Pensacola, Florida

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