New SEQRA Environmental Assessment Forms (EAFs) Catskill Watershed Corporation, November 19, 2013

Transcription

1 New SEQRA Environmental Assessment Forms (EAFs) Catskill Watershed Corporation, November 19, 2013

2 Program Overview State Training Requirements 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

3 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 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

4 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 (c)

5 SEQR Terminology No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of SEQRA (a) 26 Townofconstantia.org 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.

6 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 Yourplacegrandtraverse.org 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

7 Actions (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 (b)) SEQRA defines three Types of actions Syrgov.org

8 The SEQR Process

9 The Environmental Assessment Form (EAF) "The environmental assessment form (EAF) means a form used by an agency to assist it in determining the environmental significance or nonsignificance 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... ( (m)) The EAF is used to decide whether or not an Environmental Impact Statement (EIS) will be prepared Short Form (SEAF) Full/ Long Form (FEAF)

10 Parts of the EAF 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 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

11 EAF Revision Timeline Last substantial revision of Full Form Last substantial revision of Short Form Nov DEC issues Draft Model Short and Full EAFs 2011 Public Comment on EAFs (see Jan DEC adopts revised Model EAFs EAFs are appendices to the regulations, which are not changing at this time Public Comments on Workbooks Received Electronic Features Integrated within EAFs Workbook Development e.g. built-in links to spatial data October 7, 2013 Revised EAFs take effect October 31, 2013 EAF Mapper goes live

12 Why are the EAFs being revised? Elapsed time since last revision created need for several updates New structure makes forms easier to use Electronic features vastly improved Companion Workbooks provide extensive guidance More info required in Pt 1 yet reduced need for additional studies; SEAF applicable to more Unlisted Actions Scoping process is facilitated Newer areas of environmental concern now incorporated, e.g. larger floods, greenhouse gas

13 Differences New Forms Old forms oriented toward project review; New forms use gatekeeper question 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 If no, continue to question 2. Municipality is project sponsor

14 Differences New Forms Elimination of public controversy question tscg.biz 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. (

15 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

16 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 13 pages (was 10) More logical flow of questions and answers 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

17 tnlcom.gr The Workbooks The Workbooks provide detailed guidance, instructions, and information for accurate completion of the EAFs 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) Internet Based 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) Workbooks are not the regulations pgplanning.org

18 The Workbooks (Part 1) Contain background discussions and information on topics pertaining to the individual questions Background Information Answering the Question Full of illustrative examples, written and graphic Question 8 Question 3

19 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 ***

20 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. 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.

21 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. urbanplacesandspaces.blogspot.com -

22 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) exploringthemind.com 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

23 SEAF Pt. 2, Q.3. ( Will the proposed action impair the character or quality of the existing community? Applicable Part 1 Information Question 6 (primary information provided for this topic) Questions 1,3,4,5 Analysis 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?

24 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.

25 SEAF Pt. 2, Q.3.- Scenarios Scenario 1: Adoption of zoning change that adds new permitted commercial uses in an existing 15 acre business district. 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 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.

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

27 SEAF Pt. 2, Q.3. - Scenarios Scenario 3: Construction of a water tower as part of a new residential subdivision. 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 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.

28 Part 3 Determination of Significance The lead agency is responsible for the completion of Part 3 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) 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:

29 Completing Part 3 eventbrite.com 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 shortterm, long-term, and cumulative impacts. 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)

30 Part 3 - Organizing Your Decision 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 Part 2, Q. 8: Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 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

31 Part 3 Statement of Significance These criteria cannot be inserted into a formula that will automatically produce a finding of significance or insignificance. Sample Statement of Significance To finish Part 3: Identify Mitigations Included in the Project Determine if an Environmental Impact Statement is Necessary Complete the form Significant?

32 Part 617 Changes Goals 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 northcountrypublicradio.org Build on the changes made to the EAFs Within the authority of DEC to implement

33 Proposals 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 Division of Environmental Permits & Pollution Prevention New York State Department of Environmental Conservation 625 Broadway Albany, New York (518) depprmt@gw.dec.state.ny.us

34 Web Links to EAF Resources -- EAF page with link to mapper EAF Mapper - Revised Forms (note: fillable/ saveable forms linked to mapper report); Public comment and responses, and more - Workbooks - FAQs for revised EAFs Peter Manning pqm7364@hotmail.com