Transcript Slide 1

Critical Environmental
Areas Under SEQR
What Do They Mean?
How Are They Created?
12 July 2010
NYS Department of Environmental Conservation
Division of Environmental Permits
What’s the Point of a CEA?
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Impacts must be assessed by lead agency in
reaching determination of significance
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6 NYCRR 617.7(c)(1)
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“(iii) the impairment of the environmental characteristics
of a Critical Environmental Area as designated pursuant to
subdivision 617.14(g) of this Part;”
Does not automatically result in classification
as Type 1
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Change as of 1996 revisions to SEQR regulations
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Criteria for a CEA
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Explicit in regulations, 6 NYCRR 617.14(g)(1):
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… an area must have an exceptional or unique
character covering one or more of the following:
(i) a benefit or threat to human health;
 (ii) a natural setting (e.g., fish and wildlife habitat, forest
and vegetation, open space and areas of important
aesthetic or scenic quality);
 (iii) agricultural, social, cultural, historic, archaeological,
recreational, or educational values; or
 (iv) an inherent ecological, geological or hydrological
sensitivity to change that may be adversely affected by
any change.
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Examples of Existing CEAs
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All listed on DEC’s SEQR Web pages
http://www.dec.ny.gov/permits/6184.html
 Catalogued by county
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Benefit or threat to human health
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Hazardous waste sites
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Dutchess County
Watersheds, aquifer recharge, or wellfields
Most common basis for existing designations
 Broome & Cortland Co. / multiple towns
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More Examples of CEAs
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A natural setting
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Wetlands
Also a frequent basis for designation
 Dutchess and Putnam Counties / Great Swamp
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Agricultural, social, cultural, historic,
archaeological, recreational, or educational
values
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Large blocks of mature forest
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St. Lawrence Co. / Colton
Agricultural districts
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Washington Co. / Easton
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(Still) More Examples of CEAs
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An inherent ecological, geological or
hydrological sensitivity to change that may be
adversely affected by any change
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Karst areas
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Steep slope, exposed ridge and wetlands complex
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Schoharie Co. / Wright
Dutchess Co. / Pine Plains
Highly diverse biological community
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Tompkins Co. / Ithaca
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Mechanics of Creating a CEA
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Regulations also explicit on how to designate
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Must be designated by a local or state agency
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Local agency must have authority over the land area
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Typically the legislative body
 E.g., town board, board of supervisors or legislators
State agency must be responsible for specific area
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E.g., Lake George Park Commission
Notice and filing requirements in 617.14(g)
 Must articulate reasons for designating
 Must include a map clearly designating boundaries
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Some Practical Notes
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Clearly explain resources and values to be
protected, or hazards to be avoided:
Water quality or quantity?
 Habitat?
 Historic or cultural resources?
 Offsite migration of known pollutants?
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Mapping should then include those resources
within a readily-communicated, replicable unit
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More on the Maps
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Clear map enables project sponsors and
reviewing agencies to clearly identify the entire
CEA
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Essential to know IF a project area is in, or includes,
a CEA to then be able to analyze potential impacts
Ideal is now a GIS file
Also good are conventional bases like USGS
topographic maps
 Less desirable are metes-and-bounds
 Worst is whole municipality plus narrative
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For More Information:
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SEQR Regulations
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General SEQR information
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http://www.dec.ny.gov/regs/4490.html
http://www.dec.ny.gov/permits/357.html
SEQR Handbook
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http://www.dec.ny.gov/permits/6188.html
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(Chapter 2C = CEAs)
NYS DEC Division of Environmental Permits
518-402-9167 in Albany
 Regional listings through
http://www.dec.ny.gov/about/50230.html
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