3. Introduction
The Authority is responsible for the financing, construction,
reconstruction, improvement, development, maintenance and operation of the
highway system known as the Thruway. All
projects, programs, and activities that the Authority undertakes are subject to
SEQRA review. The definition of such actions is provided in Section 7 of this
procedure. As such, the Authority must
determine the environmental significance of its actions related to real
property transactions. Additional
technical SEQRA information can also be found at the New York State Department
of Environmental Conservation’s (NYSDEC’s) SEQRA website located at http://www.dec.state.ny.us/website/dcs/seqr/index.html.
4. Procedure
4.1. General
Procedure
This general procedure is to ensure that the Authority
will identify all known and potential environmental impacts associated with a
real property transaction. In addition,
this procedure assists the Authority in identifying other permits which may be
needed for proposed land transactions.
4.2. Reviewing
Environmental Considerations Beyond SEQRA Review
4.2.1. The applicant
is responsible for identifying, applying for and receiving any other local,
State or federally required permits for any proposed use and/or work associated
with the real property transaction. The
Authority can use ENVIRONMENTAL PERMITS POTENTIALLY APPLICABLE TO PROJECTS ON
AUTHORITY LAND+ as guidance to determine which permits may be
required by the applicant. This form is
for internal use only and will not be distributed externally or used to advise
the applicant of any potential permitting requirements. The applicant retains the responsibility for
identifying required permits and for obtaining them. The applicant must supply the Authority with
copies of required permits prior to start of any work on property under the
jurisdiction of the Authority.
+ Exhibit 1
4.2.2. If federal approval or funding is required, a
review under the National Environmental Policy Act (NEPA) is also
required.
4.3. The
General SEQRA Process
4.3.1. SEQRA requires
environmental review at an early stage of the land transaction process. SEQRA requires a “lead agency” to properly
define – or scope – the action under consideration before attempting to
determine the environmental significance of the action. This requirement seeks to avoid segmenting
the environmental review. Usually, all
phases of a project must be considered at one time. For example, if a developer wants to purchase
an Authority parcel initially for access rights into a property knowing that
there are current development plans for the internal property not owned by the
Authority, the scope of the entire development project must be evaluated before
the property sale is approved. An
example of non-permissive segmentation would be demolition of a toll barrier
without evaluation of replacement sites needed to complete toll barrier
relocation.
The Authority many times will be the lead
agency for projects solely on lands under the jurisdiction of the
Authority. However, in other cases, with
Authority concurrence, a decision for a municipality or another State agency to
assume SEQRA project lead may be to the Authority’s benefit. Any finding of the municipality or State
agency must be consistent with Authority rules, regulations, and policies. It should be noted that if an outside agency
is lead on a project and their coordinated environmental assessment determines
no significance (i.e., Negative Determination), no further SEQRA review is
required. Upon issuance by the lead
agency of a NegDec, if there are further Authority concerns, the only recourse
that the Authority, as an involved or interested agency, would have is to deny
a required Authority permit or agreement for project implementation.
On non-Authority lead projects where a Positive
Declaration has been made, the Authority, as the landowner and an involved
agency, must supplement a municipal EIS findings statement by preparing its own
findings statement that would provide a separate involved agency finding and
any additional requirements pursuant to the Authority’s approval processes.
4.3.2. SEQRA
and environmental permitting requirements are complex and based on statutes,
regulations, State agency guidance documents and court decisions. The Legal Department has an important role
within this procedure and should be contacted if there are any questions, or if
assistance or guidance is required during the SEQRA review.
4.4. Determining the Type of Action
4.4.1. The SEQRA regulations identify three types of
SEQRA actions:
· Type I actions are those which have the greatest actual or
potential for a significant environmental impact. They are listed in SEQRA TYPE I ACTIONS (6
NYCRR §617.4)1.
· Type II actions are those activities which do not have a
significant environmental impact. These
activities have already been reviewed by regulation and, if listed in SEQRA
TYPE II ACTIONS (6 NYCRR §617.5)2, do not require further
environmental SEQRA review.
· Unlisted actions are those which are not Type I or II.
· If the action does not require further environmental review
(e.g., Type II action), then the Division Director (DD) or designated
project/permit coordinator need not complete Part 2 or Part 3 of the SEAF or
FEAF. The DD or designated
project/permit coordinator will complete DOCUMENTATION OF PROJECTS THAT DO NOT
REQUIRE FURTHER SEQRA REVIEW3, to document that no further review is
necessary, and put this form in the Transaction Record.
4.4.2. The
applicant will submit an application form and provide all appropriate
information to the Authority to initiate the land transaction process.
1 Exhibit 2
2 Exhibit 3
3 Exhibit 4
4.4.3. The
DD or designated project/permit coordinator will review the THRUWAY REAL
PROPERTY INQUIRY form (TA-N5114) and determine, with the advice of the Division
Environmental Specialist (DES), whether a Short Environmental Assessment Form
(SEAF) or Full Environmental Assessment Form (FEAF) is required, and will
forward the appropriate form to the applicant with the application package. If there are questions relative to what forms
to use, in consultation with Office of Transportation Planning and
Environmental Services (OTPES), the DES should appropriately advise the DD or
designated project/permit coordinator.
4.4.3.1. At
a minimum, a SEAF must be prepared by the applicant. Part 1 is completed by the applicant and Part
2 is completed by the lead agency. A SEAF can be used for environmental
assessment of an unlisted action and can fully satisfy the lead agency’s
requirements under SEQRA. However,
agencies are free to prepare (or cause to prepare) a FEAF and/or expanded
environmental assessment report where circumstances warrant obtaining
additional information.
4.4.3.2. The
preparation of a FEAF is mandatory for all Type I actions. The FEAF consists of three major parts. Part 1 is completed by the applicant. Part 2 contains questions that establish the
magnitude of the proposed project’s environmental impacts. Part 3 is to be completed if one or more
potentially significant environmental impacts have been identified in Part
2. Part 2 and Part 3, if applicable, are
completed by the lead agency. The
Authority is free to prepare (or cause the applicant to prepare) an expanded
environmental assessment report when circumstances warrant obtaining additional
information.
4.4.4. The
applicant will complete Part 1 of the SEAF or FEAF with appropriate
documentation and return the form with the completed application package that provides
enough background information to make a SEQRA determination to the DD or
designated project/permit coordinator.
4.4.5. Upon
submittal of the complete application package, including the SEAF or FEAF, the
DD or designated project/permit coordinator, in consultation with the DES, will
review the application and determine if the application should be progressed
based on known and/or potential environmental impacts associated with the
project. If there are questions relative
to progressing the project under SEQRA, in consultation with OTPES, the DES
should appropriately advise the DD or designated project/permit coordinator.
4.4.6. If the
application is progressed, the DD or designated project/permit coordinator will
review the SEAF or FEAF and determine whether the action requires further
environmental review under SEQRA.
4.4.7. If the
action is subject to further SEQRA review, the DD or designated project/permit
coordinator, in consultation with the DES and/or OTPES, will determine whether the action is a SEQRA Type I action or
unlisted action in accordance with 6 NYCRR §617.4.
4.4.8. For Type
I and unlisted actions inconsistent with use of a SEAF or if the applicant has not
submitted a FEAF, the DD or designated project/permit coordinator will provide
the applicant with a FEAF and instruct the applicant to prepare Part 1 of the
document. Review cannot continue until
applicant returns the FEAF.
4.5. Determining Other Agency Involvement and
Review
4.5.1. The DD
or designated project/permit coordinator, in consultation with the DES and/or
OTPES, will determine whether the action includes other “involved” and/or
“interested” agencies that will need to review the SEQRA documentation for the
land transaction.
4.5.2. If the
application is for a Type I action and there are other involved agencies, the
DD or designated project/permit coordinator, in consultation with the DES and
advice from OTPES, will initiate lead agency coordination with the other
involved agencies pursuant to 6
NYCRR §617.6. The
Legal Department should be contacted to assist if needed.
4.5.3. If
the application is for an unlisted action and there are other involved
agencies, the DD or designated project/permit coordinator, in consultation with
the Authority’s Bureau of Real Property Management (BRPM) and OTPES, will decide whether to pursue a
coordinated or uncoordinated review with the other involved agencies, after
determining whether a coordinated SEQRA review would better protect the
interest of the Authority. In a
coordinated review, one agency is chosen to be the lead agency. In an uncoordinated review, each agency would
act independently and make its own findings.
The Legal Department should be contacted to assist if needed.
4.5.4. When the
Authority is not the lead agency, a permit, lease, sale or easement may not be
issued until a Type II determination, a negative declaration or a Final
Environmental Impact Statement (FEIS) has been received and reviewed by the
Authority and the ultimate decision has been made for the transaction. In the case of a FEIS, the Authority must
also issue a Findings Statement.
4.6. Determining Environmental Significance
4.6.1. If the
Authority is the designated lead agency under SEQRA, the DD or designated
project/permit coordinator, in consultation with the DES and/or OTPES, will
“draft” Part 2 of the SEAF or FEAF and, if necessary, a visual EAF
addendum.
4.6.2. The DD
or designated project/permit coordinator will make a draft recommendation
regarding the environmental significance of the proposed action. Part 2 of the SEAF or FEAF and DETERMINING
ENVIRONMENTAL SIGNIFICANCE UNDER SEQRA (6 NYCRR §617.7)+ shall be
used to determine the environmental significance. As needed, OTPES and/or the Legal Department
should be contacted to assist.
4.6.3. The DD
or designated project/permit coordinator will forward the SEQRA documents and
recommendations to the Director of the Bureau of Environmental Services in
OTPES. The DD or designated
project/permit coordinator will notify the DES and OTPES that the SEQRA
documents and recommendation have been forwarded to Headquarters.
+ Exhibit 5
4.6.4. OTPES
will review the application, the SEAF or FEAF and any recommendations from DD
or designated project manager/permit coordinator and develop a final
recommendation of environmental significance to the Chief Engineer (CE). For land transactions defined in this SOP,
the Authority Board will review, make SEQRA determinations, and once a SEQRA
determination is made, delegate as appropriate the final sign-off of the
determination.
4.6.5. When the
Authority issues a positive declaration (i.e., there is the potential for a
significant environmental impact), a permit, lease, sale or easement may not be
issued until there is further environmental study and review. Upon the CE determination of a positive
declaration, notification will be made to OTPES and to the DD or designated
project manager/permit coordinator for public notice, scoping and further
environmental review through the development of an EIS. In consultation with DD or designated project
manager/permit coordinator, OTPES will contact the Legal Department as
necessary for further SEQRA process advice.
In the case where the project has a
statewide implication, the CE shall notify both OTPES and the Statewide project
manager/permit coordinator for scoping and further environmental review through
the development of an EIS.
4.6.5.1. The
DD or designated project manager/permit coordinator will notify the applicant
of the positive declaration and the applicant will be required to obtain all
necessary information needed to develop a Draft Environmental Impact Statement
(DEIS).
4.6.5.2. The
DD or designated project manager/permit coordinator will coordinate review with
the Legal Department who has review and legal oversight responsibility for the
SEQRA process following the submittal of the DEIS.
4.6.5.3. The
DD or designated project manager/permit coordinator, as lead agency, will
ensure that copies of the DEIS are forwarded to other involved or interested
agencies.
4.6.6. If
the Authority issues a negative declaration (i.e., there will be no significant
environmental impact), the CE or designee will notify OTPES and the DD or
designated project/permit coordinator.
4.6.6.1. The
DD or designated project/permit coordinator, in consultation with OTPES, as
lead agency, will develop and issue appropriate public notices as well as send
a copy of the negative declaration to other involved agencies and interested
agencies, applicant and the Legal Department.
4.6.7. It is
important to note that at any time prior to its decision, the Authority may
have its negative declaration superseded by a positive declaration by any other
involved agency. If this happens, no
permits, leases, sales or easements can be granted until the involved agency
requirements are satisfied.
4.6.8. The
Authority, as lead agency, may issue a conditioned negative declaration as part
of its determination of environmental significance for an unlisted action
only. The applicant must have completed
a FEAF, coordinated review must have been completed, and the lead agency must
find that all identified significant environmental impacts can be mitigated by
conditions imposed upon the applicant. A
30 day public comment period must also be provided. This eliminates the need to prepare an
EIS. The CE or designee must confer with
the Legal Department to ensure that all SEQRA requirements have been met.
4.6.9. Original
documents will be maintained in the Transaction Record.
5. Complying With §139-j and §139-k of the State Finance Law
(Lobbying Law)
Any contact (inquiry, etc.) made regarding
a real property transaction following the THRUWAY TRANSACTION
ANALYSIS/RECOMMENDATION (TTAR) form (TA-N5116) approval for negotiated sales
and subsequent to the first notice of a competitive process for disposal of
such real property (solicitation, RFP, etc.) is subject to the Lobbying Law and
must be recorded. See the Executive
Instruction entitled INAPPROPRIATE LOBBYING INFLUENCE IN AUTHORITY/CORPORATION
PROCUREMENTS.
6. Responsibilities
The DD or designated project/permit coordinator will coordinate
a review of the application, including SEQRA documents, review the SEQRA
SEAF/FEAF and determine the SEQRA action type.
For Type II actions, the DD or designated project/permit coordinator
will complete Exhibit 5 and ensure the form is retained in the file. The DD or
designated project/permit coordinator will determine whether there are other
involved and/or interested agencies, complete Part 2 and/or Part 3 (if
applicable) of the SEAF/FEAF and provide a recommendation as to potential
environmental impacts to Headquarters (OTPES – Bureau of Environmental
Services).
The DES will work with the DD or designated project/permit
coordinator on the initial SEQRA review.
The DPC will review the THRUWAY REAL PROPERTY INQUIRY FORM to
determine whether the applicant should file a SEAF or FEAF and provide the
applicant with the appropriate form.
OTPES will receive SEQRA documents and Division recommendations
and work with the respective Division and other Agency personnel to coordinate
the SEQRA review at Headquarters level and provide appropriate determination of
significance recommendations to the CE.
OTPES, in consultation with the DD or designated project/permit
coordinator, the DES and other Agency personnel, will oversee the SEQRA process
when a positive declaration has been issued and an environmental impact
statement and review are required.
The Legal Department will assist with any SEQRA procedural
questions and assist with the SEQRA process as needed.
7. Definitions
Actions include:
1. Projects or physical
activities, such as construction or other activities that may affect the
environment by changing the use, appearance or condition of any natural resource
or structure, that:
(i) are
directly undertaken by an agency;
(ii) involve
funding by an agency; or
(iii) require one
or more new or modified approvals from an agency or agencies;
2. Agency planning and policy
making activities that may affect the environment and commit the agency to a
definite course of future decisions;
3. Adoption of agency
rules, regulations and procedures, including local laws, codes, ordinances,
executive orders and resolutions that may affect the environment; and
4. Any combination of
the above.
Coordinated
Review
is a process that establishes a lead agency when more than one agency is
involved in the review to ensure the satisfactory completion of the SEQRA
process. A coordinated review is
required for Type I actions and is optional for unlisted actions.
Involved Agency is any agency that has
jurisdiction by law to fund, approve or directly undertake an action.
Interested Agency is any agency that lacks
the jurisdiction to fund, approve or directly undertake an action, but wishes
to participate in the review process because of its specific expertise or
concern about a proposed action.
Mitigation is a way or method to
avoid or minimize adverse environmental impacts.
Negative Declaration is a written
determination by a lead agency that the implementation of the action as
proposed will not result in any significant adverse environmental impacts.
Positive
Declaration is
a written statement prepared by the lead agency indicating that implementation
of the action as proposed may have a significant adverse impact on the
environment and that an environmental impact statement will be required.
Segmentation is the division of the
environmental review of an action such that various activities or stages are
addressed under SEQRA as though they were independent, unrelated activities,
needing individual determinations of significance.
State Agency is any State
department, agency, board, public benefit corporation, public authority or
commission.
Uncoordinated
Review is
a process in which more than one agency is involved in the SEQRA review process
and there is no lead agency. Each agency
proceeds as if it was the only one involved and each agency makes its own
determination of significance. An
uncoordinated review may be done for unlisted actions.
8. SEQRA Flowchart
FOR INTERNAL USE ONLY –
NOT FOR DISTRIBUTION
EXHIBIT 1
Page 1 of 3
|
ENVIRONMENTAL PERMITS POTENTIALLY APPLICABLE
TO PROJECTS ON AUTHORITY LAND
|
|
Permit Description
|
Permit Required?
|
|
Note: For land transactions including permits,
sales, leases and granting of easements on Authority lands, prior to land transaction
approvals, the applicant must ensure that all appropriate regulatory permits
and approvals are obtained prior to project implementation.
Freshwater or Tidal Wetlands Permit—needed to develop or
otherwise disturb wetlands subject to regulation by any federal, State, or
local agency. Applications should be
made to all agencies with jurisdiction over a particular wetland area.
o
NYSDEC
o
Adirondack Park Agency
o
U.S. Army Corps of Engineers (Section 10, Section 404 Nationwide or
Individual Permits)
|
Yes
Yes
Yes
Yes
Yes
|
No
No
No
No
No
|
|
Protection of Waters Permit (Although State
agencies such as the Thruway Authority are exempt from Article 15 permitting,
State agencies are required to satisfy ALL technical requirements necessary
to obtain a permit. Therefore, any of
the following work must be reviewed by the Division Environmental Specialist
and/or OTPES prior to project implementation).
o
Disturbance of the Bed
or Banks of a Protected Stream or Other Watercourse – required for
disturbing the bed or banks of a stream with a classification and standard of
C(T) or higher (disturbance may be either temporary or permanent in nature).
|
Yes
Yes
|
No
No
|
|
Wild, Scenic , and Recreational Rivers Act Permit—These permits are
required when developing land near a wild, scenic, or recreational
waterway. Applications must be made to
the NYSDEC any federal, State, or local agency with jurisdiction over the
particular waterway segment under consideration.
|
Yes
|
No
|
|
Coastal Erosion Hazard Area Permits – required for
construction, modification, restoration and activities in an area designated
as a coastal erosion hazard area.
|
Yes
|
No
|
|
Air Pollution Control Permits—may be required
before constructing a new source of air pollution or modifying an existing
source of air pollution. Based on the level
of emissions and types of pollutants, additional review, permits and
requirements from NYSDEC and EPA may be required.
|
Yes
|
No
|
|
Bulk Petroleum Storage Registration—required if applicant
intends to store petroleum products (whether below ground or above ground) or
dispense petroleum products in the operation of the developed site or will be
removing existing registered tanks.
|
Yes
|
No
|
|
Chemical Bulk Storage Registration – required when hazardous
substances listed in the Chemical Bulk storage regulations will be stored in
tanks. A spill prevention report plan
is also required.
|
Yes
|
No
|
|
Hazardous Waste Generator Identification Number—required from EPA if
applicant will generate, store or treat hazardous waste during construction
or operation.
|
Yes
|
No
|
|
Mined Land Reclamation Permit—required if the
applicant will remove more than 1,000 tons of minerals from the ground in any
12 month period.
|
Yes
|
No
|
|
Solid Waste Management Facility Permit—required if applicant
intends to store or process solid waste on the developed site.
|
Yes
|
No
|
|
State Pollution Discharge Elimination System (SPDES)
Permit—required
of any business that discharges any wastewater and/or other chemicals to the
ground or surface water. Applicable
during operation of the developed site as well as during construction of the
site.
|
Yes
|
No
|
|
State Pollution Discharge Elimination System (SPDES)
Stormwater Permit –
required for construction that will affect more than one acre of land and
required for operation of certain types of facilities with the potential to
impact stormwater. A stormwater
pollution prevention plan is also required.
|
Yes
|
No
|
|
Construction Permits—must be obtained from Authority and/or
other applicable agencies charged with ensuring that proposed construction is
in accordance with all applicable building, fire and sanitary code
requirements.
|
Yes
|
No
|
|
U. S. Army Corps of Engineers (USACOE) Permits – required for a
variety of activities affecting navigable waters including wetlands, dams,
dikes, structures, dredging. Permits
are filed through a joint NYSDEC/USCOE application.
|
Yes
|
No
|
|
Other Permits and/or approvals Required (i.e. Cultural
Resources, etc.):
|
Yes
|
No
|
Prepared by: Date:
EXHIBIT 2
SEQRA TYPE I ACTIONS (6
NYCRR §617.4)
Page
1 of 3
(1) the adoption of a municipality's land use plan,
the adoption by any agency of a comprehensive resource management plan or the
initial adoption of a municipality's comprehensive zoning regulations;
(2) the adoption of changes in the allowable
uses within any zoning district, affecting 25 or more acres of the district;
(3) the granting of a zoning change, at the
request of an applicant, for an action that meets or exceeds one or more of the
thresholds given elsewhere in this list;
(4) the acquisition, sale, lease, annexation or
other transfer of 100 or more contiguous acres of land by a State or local
agency;
(5) construction of new residential units that
meet or exceed the following thresholds:
(i) 10 units in municipalities that have not
adopted zoning or subdivision regulations;
(ii) 50
units not to be connected (at the commencement of habitation) to existing
community or public water and sewerage systems including sewage treatment
works;
(iii) in a city,
town or village having a population of less than 150,000, 250 units to be
connected (at the commencement of habitation) to existing community or public
water and sewerage systems including sewage treatment works;
(iv) in
a city, town or village having a population of greater than 150,000 but less
than 1,000,000, 1,000 units to be connected (at the commencement of habitation)
to existing community or public water and sewerage systems including sewage
treatment works; or
(v) in a city or
town having a population of greater than 1,000,000, 2,500 units to be connected
(at the commencement of habitation) to existing community or public water and
sewerage systems including sewage treatment works;
SEQRA TYPE I ACTIONS (6
NYCRR §617.4)
Page
2 of 3
(6) activities, other than the construction of
residential facilities that meet or exceed any of the following thresholds; or
the expansion of existing nonresidential facilities by more than 50
percent of any of the following thresholds:
(i) a project or action that involves the
physical alteration of 10 acres;
(ii) a project or action that would use ground
or surface water in excess of 2,000,000 gallons per day;
(iii)
parking for 1,000 vehicles;
(iv) in
a city, town or village having a population of 150,000 persons or less, a
facility with more than 100,000 square feet of gross floor area; or
(v) in a city, town or village having a
population of more than 150,000 persons, a facility with more than 240,000
square feet of gross floor area;
(7) any structure exceeding 100 feet above
original ground level in a locality without any zoning regulation pertaining to
height;
(8) any unlisted action that includes a
non-agricultural use occurring wholly or partially within an agricultural
district (certified pursuant to Agriculture and Markets Law, Article 25-AA,
Sections 303 and 304) and exceeds 25 percent of any threshold established in
this section;
(9) any unlisted action (unless the action is
designed for the preservation of the facility or site) occurring wholly or
partially within, or substantially contiguous to, any historic building,
structure, facility, site or district or prehistoric site that is listed on the
National Register of Historic Places, or that has been proposed by the New York
State Board For Historic Preservation for a recommendation to the State
Historic Preservation Officer for nomination for inclusion in the National
Register, or that is listed on the State Register of Historic Places (The
National Register of Historic Places is established by 36 Code of Federal
Regulations [CFR] Parts 60 and 63, 1994 [see Section 617.17 of this Part]);
SEQRA TYPE I ACTIONS (6
NYCRR §617.4)
Page
3 of 3
(10) any unlisted action, that exceeds 25 percent
of any threshold in this section, occurring wholly or partially within, or
substantially contiguous to, any publicly owned or operated parkland,
recreation area or designated open space, including any site on the Register of
National Natural Landmarks pursuant to 36 CFR Part 62, 1994 (see Section 617.17
of this Part); or
(11) any unlisted action that exceeds a Type I
threshold established by an involved agency pursuant to Section 617.14 of
SEQRA.
EXHIBIT 3
SEQRA TYPE II ACTIONS (6
NYCRR §617.5)
Page 1 of 4
The
following actions are not subject to review under SEQRA:
(1) maintenance
or repair involving no substantial changes in an existing structure or
facility;
(2) replacement,
rehabilitation or reconstruction of a structure or facility, in kind, on the
same site, including upgrading buildings to meet building or fire codes, unless
such action meets or exceeds any of the thresholds in Section 617.4 of this
Part;
(3) agricultural
farm management practices, including construction, maintenance and repair of farm
buildings and structures, and land use changes consistent with generally
accepted principles of farming;
(4) repaving
of existing highways not involving the addition of new travel lanes;
(5) street
openings and right-of-way openings for the purpose of repair or maintenance of
existing utility facilities;
(6) maintenance
of existing landscaping or natural growth;
(7) construction
or expansion of a primary or accessory/appurtenant, nonresidential
structure or facility involving less than 4,000 square feet of gross floor area
and not involving a change in zoning or a use variance and consistent with
local land use controls, but not radio communication or microwave transmission
facilities;
(8) routine
activities of educational institutions, including expansion of existing
facilities by less than 10,000 square feet of gross floor area and school
closings, but not changes in use related to such closings;
(9) construction
or expansion of a single-family, a two-family or a three-family residence on an
approved lot including provision of necessary utility connections as provided
in paragraph (11) of this subdivision and the installation, maintenance and/or
upgrade of a drinking water well and a septic system;
(10) construction, expansion or placement of minor
accessory/appurtenant residential structures, including garages, carports,
patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns,
storage sheds or other buildings not changing land use or density;
SEQRA TYPE II ACTIONS (6
NYCRR §617.5)
Page
2 of 4
(11) extension of utility distribution facilities,
including gas, electric, telephone, cable, water and sewer connections to render
service in approved subdivisions or in connection with any action on this list;
(12) granting of individual setback and lot line
variances;
(13) granting of an area variance(s) for a
single-family, two-family or three-family residence;
(14) public or private best forest management
(silvicultural) practices on less than 10 acres of land, but not including
waste disposal, land clearing not directly related to forest management,
clear-cutting or the application of herbicides or pesticides;
(15) minor temporary uses of land having
negligible or no permanent impact on the environment;
(16) installation of traffic control devices on
existing streets, roads and highways;
(17) mapping of existing roads, streets, highways,
natural resources, land uses and ownership patterns;
(18) information collection including basic data
collection and research, water quality and pollution studies, traffic counts,
engineering studies, surveys, subsurface investigations and soils studies that
do not commit the agency to undertake, fund or approve any Type I or unlisted
action;
(19) official acts of a ministerial nature
involving no exercise of discretion, including building permits and historic
preservation permits where issuance is predicated solely on the applicant's
compliance or noncompliance with the relevant local building or preservation
code(s);
(20) routine or continuing agency administration
and management, not including new programs or major reordering of priorities
that may affect the environment;
SEQRA TYPE II ACTIONS (6
NYCRR §617.5)
Page
3 of 4
(21) conducting concurrent environmental,
engineering, economic, feasibility and other studies and preliminary planning
and budgetary processes necessary to the formulation of a proposal for action, provided
those activities do not commit the agency to commence, engage in or approve
such action;
(22) collective bargaining activities;
(23) investments by or on behalf of agencies or
pension or retirement systems, or refinancing existing debt;
(24) inspections and licensing activities relating
to the qualifications of individuals or businesses to engage in their business
or profession;
(25) purchase or sale of furnishings, equipment or
supplies, including surplus government property, other than the following:
land, radioactive material, pesticides, herbicides or other hazardous
materials;
(26) license, lease and permit renewals, or
transfers of ownership thereof, where there will be no material change in
permit conditions or the scope of permitted activities;
(27) adoption of regulations, policies, procedures
and local legislative decisions in connection with any action on this list;
(28) engaging in review of any part of an application
to determine compliance with technical requirements, provided that no such
determination entitles or permits the project sponsor to commence the action
unless and until all requirements of this Part have been
fulfilled;
(29) civil or criminal enforcement proceedings,
whether administrative or judicial, including a particular course of action
specifically required to be undertaken pursuant to a judgment or order, or the
exercise of prosecutorial discretion;
(30) adoption of a moratorium on land development
or construction;
(31) interpreting an existing code, rule or
regulation;
SEQRA TYPE II ACTIONS (6
NYCRR §617.5)
Page
4 of 4
(32) designation of local landmarks or their
inclusion within historic districts;
(33) emergency actions that are immediately
necessary on a limited and temporary basis for the protection or preservation
of life, health, property or natural resources, provided that such actions are
directly related to the emergency and are performed to cause the least change
or disturbance, practicable under the circumstances, to the environment. Any
decision to fund, approve or directly undertake other activities after the
emergency has expired are fully subject to the review procedures of this Part;
(34) actions undertaken, funded or approved prior
to the effective dates set forth in SEQRA (see Chapters 228 of the Laws of
1976, 253 of the Laws of 1977 and 460 of the Laws of 1978), except in the case
of an action where it is still practicable either to modify the action in such
a way as to mitigate potentially adverse environmental impacts, or to choose a
feasible or less environmentally damaging alternative, the
Commissioner may, at the request of any person, or on his own motion, require
the preparation of an environmental impact statement; or, in the case of an
action where the responsible agency proposed a modification of the action and
the modification may result in a significant adverse impact on the environment,
an environmental impact statement must be prepared with respect to such
modification;
(35) actions requiring a certificate of
environmental compatibility and public need under article VII, VIII or X of the
Public Service Law and the consideration of, granting or denial of any such
certificate;
(36) actions subject to the Class A or Cass B
regional project jurisdiction of the Adirondack Park Agency or a local
government pursuant to Sections 807,
808
and 809 of the Executive Law,
except Class B regional projects
subject to review by local government pursuant to Section 807 of the Executive Law
located within the Lake
George Park as defined by subdivision one of Section 43-0103 of the Environmental Conservation Law;
and
(37) actions of the Legislature and the Governor
of the State of New York
or of any court, but not actions of local legislative bodies except those local
legislative decisions such as rezoning where the local legislative body
determines the action will not be entertained.
EXHIBIT 4
DOCUMENTATION OF PROJECTS
THAT DO NOT REQUIRE FURTHER SEQRA REVIEW
This form must be
completed if the real property transaction under review does not require
further SEQRA review pursuant to 6 NYCRR §617.5.
It has been determined
that this action is exempt from SEQRA review because:
____ The proposed action is a SEQRA Type II
action that will not require further environmental review. List appropriate number from Exhibit 4 in
which the proposed action falls under and provide any additional explanation if
needed: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Print Name of Reviewing
Engineer: __________________________
Signature of Reviewing Engineer:
____________________________ Date: __________
EXHIBIT 5
DETERMINING
ENVIRONMENTAL SIGNIFICANCE UNDER SEQRA (6 NYCRR §617.7)
Page 1 of 3
Determining significance
(a) The lead agency must determine the
significance of any Type I or unlisted action in writing.
(1) To require an EIS
for a proposed action, the lead agency must determine that the action may
include the potential for at least one significant adverse environmental
impact.
(2) To determine that an
EIS will not be required for an action, the lead agency must determine either
that there will be no adverse environmental impacts or that the identified
adverse environmental impacts will not be significant.
(b) For all Type I and unlisted actions, the lead
agency making a determination of significance must:
(1) consider
the action as defined in 6 NYCRR §617.2(b) and 6 NYCRR §617.3(g);
(2) review the SEAF or
FEAF, the criteria contained in subdivision (c) of this attachment and any
other supporting information to identify the relevant areas of environmental
concern;
(3) thoroughly analyze
the identified relevant areas of environmental concern to determine if the
action may have a significant adverse impact on the environment; and
(4) set forth its
determination of significance in a written form containing a reasoned
elaboration and providing reference to any supporting documentation.
(c) Criteria for determining significance:
(1) To determine
whether a proposed Type I or unlisted action may have a significant adverse
impact on the environment, the impacts that may be reasonably expected to
result from the proposed action must be compared against the criteria in this
subdivision. The following list is illustrative, not exhaustive. These criteria
are considered indicators of significant adverse impacts on the environment:
DETERMINING
ENVIRONMENTAL SIGNIFICANCE UNDER SEQRA (6 NYCRR §617.7)
Page 2 of 3
(i) a substantial adverse change in existing air quality, ground or
surface water quality or quantity, traffic or noise levels; a substantial
increase in solid waste production; a substantial increase in potential for
erosion, flooding, leaching or drainage problems;
(ii) the removal or destruction of large quantities of vegetation or
fauna; substantial interference with the movement of any resident or migratory
fish or wildlife species; impacts on a significant habitat area; substantial
adverse impacts on a threatened or endangered species of animal or plant, or
the habitat of such a species; or other significant adverse impacts to natural
resources;
(iii) the impairment of the environmental characteristics of a critical
environmental area as designated pursuant to 6 NYCRR §617.14(g);
(iv) the creation of a material conflict with a community's current
plans or goals as officially approved or adopted;
(v) the impairment of the character or quality of important
historical, archeological, architectural, or aesthetic resources or of existing
community or neighborhood character;
(vi) a major change in the use of either the quantity or type of
energy;
(vii) the creation of a hazard to human health;
(viii) a substantial change in the use, or intensity of use, of land
including agricultural, open space or recreational resources, or in its
capacity to support existing uses;
(ix) the encouraging or attracting of a large number of people to a
place or places for more than a few days, compared to the number of people who
would come to such place absent the action;
(x) the creation of a material demand for other actions that would
result in one of the above consequences;
DETERMINING
ENVIRONMENTAL SIGNIFICANCE UNDER SEQRA (6 NYCRR §617.7)
Page 3 of 3
(xi) changes in two or more elements of the environment, no one of
which has a significant impact on the environment, but when considered together
result in a substantial adverse impact on the environment; or
(xii) two or more related actions undertaken, funded or approved by an
agency, none of which has or would have a significant impact on the
environment, but when considered cumulatively would meet one or more of the
criteria in this subdivision.
(2) For the purpose of
determining whether an action may cause one of the consequences listed in
paragraph (1) of this subdivision, the lead agency must consider reasonably
related long-term, short-term, direct, indirect and cumulative impacts,
including other simultaneous or subsequent actions which are:
(i) included in any long-range plan of which the action under
consideration is a part;
(ii) likely to be undertaken as a result thereof; or
(iii) dependent thereon.
(3) The significance
of a likely consequence (i.e., whether it is material, substantial, large or
important) should be assessed in connection with:
(i) its setting (e.g., urban or rural);
(ii) its probability of occurrence;
(iii) its duration;
(iv) its irreversibility;
(v) its geographic scope;
(vi) its magnitude; and
(vii) the number of people affected.