New SEQRA Environmental Assessment Forms (EAFs)

Catskill Watershed Corporation, November 19, 2013

Program Overview

Review SEQRA Basics The Revised EAFs (Environmental Assessment Forms) Reasons for Revisions Benefits What’s Changed The Workbooks EAF – Parts 1,2,3 Proposed Changes to SEQR Regulations

State Training Requirements

State Training Requirements • PB, ZBA, CPB members must complete four hours of training per year

• Training is approved by the governing board

• Training can come from a variety of sources and in a variety of formats

• To be eligible for reappointment, board members must complete the training

http://www.dos.ny.gov/lg/lut/mandatory_training.html

• Requirements may be waived or modified by resolution of the governing board if judged to be in the best interest of the municipality to do so.

• Failure to comply does not void decisions

What is SEQRA? The New York State Environmental Quality Review Act (refers to the Article 8 of the NYS Environmental Conservation Law) SEQRA Regulations: Part 617 NYCRR Often abbreviated SEQR

“The basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision-making processes of state, regional and local government agencies at the earliest possible time. … and, if it is determined that the action may have a significant adverse impact, prepare or request an environmental impact statement.“ §617.1(c)

“No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of SEQRA” - §617.3 (a) 26

SEQR Terminology

Public bodies, such as planning boards and zoning boards of appeal, are “agencies”. Local governing boards, school boards, IDAs, and county legislatures are other examples. To

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Interested Agency – means an agency that lacks the jurisdiction to fund, approve or directly undertake an action but wished to participate in the review process because of its specific expertise or concern about the proposed action. An “interested agency” has the same ability to participate in the review process as a member of the public

Types of Agencies under SEQR Lead Agency – an involved agency which coordinates the SEQRA review

Involved Agency – public body which undertakes, funds or approves a proposed action

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(1)projects or physical activities, such as construction or other activities that may affect the environment …

(2)agency planning and policy making activities that may affect the environment …

(3)adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment (see §617.2 (b))

Actions

SEQRA defines three Types of actions…

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The Environmental Assessment Form (EAF)

Short Form (SEAF) Full/ Long Form (FEAF)

"The environmental assessment form (EAF) means a form used by an agency to assist it in determining the environmental significance or non-significance of actions. A properly completed EAF must contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment...“ (§617.2 (m))

The EAF is used to decide whether or not an Environmental Impact Statement (EIS) will be prepared

Part 1 Site and Project Descriptions Completed by the Project Sponsor/ Applicant Part 2 Potential Impacts and Magnitudes Completed by Lead Agency Part 3 (may be optional) Importance of Impacts Identified in Part 2 Completed by Lead Agency, if necessary

Parts of the EAF The lead agency is responsible for reviewing Part 1 and verifying the accuracy of information with materials submitted for the project

Flag any problem Identify missing info Request revisions, if necessary

EAF Revision Timeline

1987 - Last substantial revision of Short Form

1978 - Last substantial revision of Full Form

Nov. 2010 - DEC issues Draft Model Short and Full EAFs

Jan. 2012 - DEC adopts revised Model EAFs EAFs are appendices to the regulations, which are not changing at this time

2011 – Public Comment on EAFs (see www.dec.ny.gov/permits/70293)

October 7, 2013 – Revised EAFs take effect

2012 - 2013 Public Comments on Workbooks Received Electronic Features Integrated within EAFs Workbook Development – “ e.g. built-in links to spatial data”

October 31, 2013 – EAF Mapper goes live

Why are the EAFs being revised?

Companion Workbooks provide extensive guidance

Electronic features vastly improved

More info required in Pt 1 yet reduced need for additional studies; SEAF applicable to more Unlisted Actions

Elapsed time since last revision created need for several updates

Newer areas of environmental concern now incorporated, e.g. larger floods, greenhouse gas

New structure makes forms easier to use

Scoping process is facilitated

Differences – New Forms Old forms oriented toward project review; New forms use “gatekeeper” question

“If no, continue to question 2.”

“Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?” (Part 1, Question 1, SEAF)

“If Yes, attach a narrative description… and proceed to Part 2

Municipality is “project sponsor”

Elimination of “public controversy” question

Differences – New Forms

Comment: Commentator objected to elimination of EAF, Part II, question 20, namely “[i]s there, or is there likely to be, public controversy related to potential adverse environmental impacts?” “Boards use it as a smell test…” Response: Question was eliminated as it has no bearing in determining whether an action should require the preparation of an environmental impact statement and environmental reviews should not be influenced by the relative popularity of a particular proposal. (www.dec.ny.gov/permits/70293.html)

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Differences - Short Form The form is longer, making it more useful for Unlisted Actions (4 pages; was 2)

Asks questions about impacts to the state energy code, mass transit, biking and walking facilities, and other topics not addressed in the past

Specific questions about stormwater discharge, retention ponds, dams, and waste lagoons; remediation of hazardous materials, impacts on human health

Part 2 requires lead agency to identify impact as either “none/ small impact” or “moderate to large impact”

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Differences - Full EAF, Part 1 Sections of questions are grouped together: • Sponsor Information • Government Approvals • Planning and Zoning • Project Details • Setting of Proposed Action • Additional Information

More logical flow of questions and answers 13 pages (was 10)

New questions/ details include: •Size and percentage of an expansion •Community services, school districts, park, fire and police •Subdivision type •Building space to be heated/ cooled •Outdoor lighting

•Project phasing •Impacts on affordable housing •Methane emission estimates •Hazardous waste generation/ disposal

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For project sponsors in completing Part 1 For reviewing agencies in confirming responses in Part 1; determining the size and potential significance of impacts (Part 2); determination and statement of significance (Part 3)

Workbooks provide links to spatial data (GIS “platform”) and other sources of information Pros and Cons Workbooks available in printable PDF format (SEAF, 114 pp; FEAF, 301 pp)

The Workbooks The Workbooks provide detailed guidance, instructions, and information for accurate completion of the EAFs

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Internet Based

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www.dec.ny.gov/permits/90125.html Workbooks are not the regulations

The Workbooks (Part 1)

Full of illustrative examples, written and graphic

Contain background discussions and information on topics pertaining to the individual questions

• Background Information • Answering the Question

Question 3 Question 8

Results

Critical Environmental Area? NO

Structure on State or National Register of Historic Places? YES

In an archaeological area? NO

Wetland or waterbody regulated by federal, state, or local agency? YES

Threatened or endangered species? NO

100-year floodplain? YES ***

Part 2 helps identify any topics that need further discussion in Part 3. Together, Parts 2 & 3 will help the reviewing agency determine if a negative declaration is appropriate, and if not, formulate a list or ‘scope’ of environmental topics that will need to be addressed further in an environmental impact statement.

Workbooks (Part 2) Purpose of Part 2 is to use info from Part 1 to identify what, if any, impacts may occur as a result of the project; and to decide, for each question, whether there will be no impact or a small impact, or a moderate to large impact.

Interpretation on the size or significance of an impact is at the discretion of the reviewing agency.

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Workbooks (Part 2) Determining if the potential impact is small, or moderate to large

Magnitude – is not just the physical size of the project, it considers the scale, context and severity of a project. Scale is the relationship of a building,

structure, or land use, to its surroundings with regard to its size, height, bulk, and intensity. Includes: overall size of the project site number of buildings or structures proposed size of the parking lot height and other dimensions of buildings amount of traffic that will be generated amount of land to be cleared and graded

Context refers to the conditions on the project site and its relation to adjacent parcels, the neighborhood, and the community as a whole.

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Workbooks (Part 2) - Guidance For Each Question: Background Applicable Part 1 Information Analysis Will there be an impact? If there is an impact, how big will it be? - Discussion on Small, Moderate to Large Impacts Scenarios (3 for each question, typically)

Q1: Conflicts with existing plans or zoning Q2: Change in use or intensity Q3: Impact on community character Q4: Impact on critical environmental areas Q5: Impact on traffic, transportation, or pedestrian opportunities Q6: Impact on Energy Q7: Impact on water or wastewater supplies or systems Q8: Impact on historic, archaeological, architectural, or aesthetic resources Q9: Impact on natural resources Q10: Impact on erosion, flooding or drainage Q11: Impact on human health

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SEAF Pt. 2, Q.3. (www.nysseaf.net/shorteaf/shorteaf-part2-q3)

Will the proposed action impair the character or quality of the existing community?

Will there be a change to the visual or architectural character of the broader landscape or streetscape, or will it introduce a different sized structure than currently exists? Does it create a change in the nature and intensity of land uses in the area? (See your answer to Part 2 Question 2 for this) Will there be a change in the nature of housing in the area, such as changing a single family neighborhood into a multi-family one, or change the affordability of housing? Does it create the need for more public services such as parks, recreation facilities, police, or fire protection?

Applicable Part 1 Information • Question 6 (primary information provided for this topic) • Questions 1,3,4,5

Analysis

SEAF Pt. 2, Q.3. “Discussion” The following may result in small impacts: The visual character of the area is changed in a minor way but is generally consistent in the design, placement, size, intensity and architecture of the neighborhood or community. Demand on public services can be handled by existing resources. The balance between retail commercial uses and residential uses does not change in a significant way. The following may result in a moderate to large impacts: If the proposed project moderately or significantly changes the visual character of the area. If it introduces a project that is of a larger scale than currently exists. Demands on public services or housing will result in the need to extend existing services. www.for.gov.bc.ca

SEAF Pt. 2, Q.3.- Scenarios

Located in an urban area The existing water, sewer infrastructure and stormwater management facilities can handle the additional load There is access to public transportation within a quarter-mile of the site and the road network is adequate to handle additional traffic in the district The district is already built out, and the change in zoning is to allow additional uses of existing buildings

Scenario 1: Adoption of zoning change that adds new permitted commercial uses in an existing 15 acre business district.

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Then: The proposed action will not change the streetscape, will not demand more in public services, and will not change the intensity or nature of the district. There is not likely to be any impact on community character as the result of this action.

SEAF Pt. 2, Q.3. - Scenarios Scenario 2: Construction of a 55,000 square foot big-box style grocery store

Then: The proposed action will significantly change the landscape from agriculture to commercial, the views of a valuable scenic resource will be changed, the historic character of the area could be impacted, and there will be a demand for extension of public services. Therefore, there is likely to be large impacts to community character as a result of this action.

It is located at the edge of a village on a state highway It is adjacent to a locally designated historic district It is proposed on a former agricultural field and the site is located within a scenic overlay district There are no public water, sewer, or infrastructure facilities to this location

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SEAF Pt. 2, Q.3. - Scenarios

It is proposed to be placed on a lot near existing residences in a suburban subdivision The topography is hilly and open, with few trees There are no other tall structures in the area and it will be visible from a majority of the houses in the subdivision

Scenario 3: Construction of a water tower as part of a new residential subdivision.

Then: The proposed action will not demand any public services, nor result in the need for additional housing. However, the proposed water tower will be highly visible in the neighborhood and residents are concerned about this. Therefore, there is likely to be moderate to large impacts to community character as a result of this action.

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If you checked “No or small impact may occur” for ALL eleven questions in Part 2…check the second box on p. 4 (Negative Declaration)

Part 3 – Determination of Significance The lead agency is responsible for the completion of Part 3

“For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3…”

How to determine significance of an impact, SEAF: www.dec.ny.gov/permits/91450.html

“…Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope, and magnitude. Also consider the potential for short-term, long-term, and cumulative impacts.”

Completing Part 3

Workbook Contents Introduction Instructions for the Reviewing Agency How to Determine the Significance of an Impact Statement of Significance Examples for Part 3 (6)

You can request clarification or expansion of information submitted in Part 1 if needed to complete Part 3. Part 3 can also be used to explain why a particular impact was deemed to be small, why it may not be significant, or if it has already been mitigated. (not required)

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Magnitude of Impact Duration of Impact Likelihood of Impact

Moderate (localized) Large (Severe)

Short-term Medium-term Long-term Irreversible

Unlikely to occur Possibly will occur Probably will occur

Project proposed in an area with significant archaeological resources.

Moderate - because a significant portion of the parcel will be impacted

Irreversible - because the resources could be destroyed during construction or permanently made inaccessible

Probably will occur - because the site plan shows grading, soil removal, and construction over the site where the resources are located

Part 3 - Organizing Your Decision

Part 2, Q. 8: Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources?

Part 3 – Statement of Significance “These criteria cannot be

inserted into a formula that will automatically produce a finding

of significance or insignificance.”

Significant?

Sample Statement of Significance www.dec.ny.gov/permits/91460.html

Identify Mitigations Included in the Project

Determine if an Environmental Impact Statement is Necessary

Complete the form

To finish Part 3:

Part 617 Changes – Goals

Build on the changes made to the EAFs Within the authority of

DEC to implement

Improve and streamline the SEQR process without sacrificing meaningful environmental protection Changes are modest in nature and not intended

to change the basic structure of an environmental review

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Add more Type II items Provide more guidance regarding the proper

means for determining the adequacy of a draft EIS More targeted EISs through mandatory

scoping; create a better link between positive declarations and scopes Establish a more meaningful time frame for

completion of EIS

Proposals

Division of Environmental Permits & Pollution Prevention New York State Department of Environmental Conservation 625 Broadway Albany, New York 12233-1750 www.dec.ny.gov (518) 402-9167

www.dec.ny.gov/permits/83389.html

depprmt@gw.dec.state.ny.us

Web Links to EAF Resources • http://www.dec.ny.gov/permits/6191.html -- EAF page with link

to mapper • http://www.dec.ny.gov/eafmapper/ EAF Mapper • http://www.dec.ny.gov/permits/70293.html - Revised Forms

(note: fillable/ saveable forms linked to mapper report); Public comment and responses, and more

• http://www.dec.ny.gov/permits/90125.html - Workbooks • http://www.dec.ny.gov/permits/93240.html - FAQs for revised EAFs

Peter Manning

pqm7364@hotmail.com