12 July 2010 NYS Department of Environmental Conservation Division of Environmental Permits Critical Environmental Areas Under SEQR What Do They Mean? How Are They Created?

12 July What’s the Point of a CEA? Impacts must be assessed by lead agency in reaching determination of significance Impacts must be assessed by lead agency in reaching determination of significance 6 NYCRR 617.7(c)(1) 6 NYCRR 617.7(c)(1) “(iii) the impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to subdivision (g) of this Part;” “(iii) the impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to subdivision (g) of this Part;” Does not automatically result in classification as Type 1 Does not automatically result in classification as Type 1 Change as of 1996 revisions to SEQR regulations Change as of 1996 revisions to SEQR regulations

12 July Criteria for a CEA Explicit in regulations, 6 NYCRR (g)(1): Explicit in regulations, 6 NYCRR (g)(1): … an area must have an exceptional or unique character covering one or more of the following: … an area must have an exceptional or unique character covering one or more of the following: (i) a benefit or threat to human health; (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); (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 (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. (iv) an inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change.

12 July Examples of Existing CEAs All listed on DEC’s SEQR Web pages All listed on DEC’s SEQR Web pages Catalogued by county Catalogued by county Benefit or threat to human health Benefit or threat to human health Hazardous waste sites Hazardous waste sites Dutchess County Dutchess County Watersheds, aquifer recharge, or wellfields Watersheds, aquifer recharge, or wellfields Most common basis for existing designations Most common basis for existing designations Broome & Cortland Co. / multiple towns Broome & Cortland Co. / multiple towns

12 July More Examples of CEAs A natural setting A natural setting Wetlands Wetlands Also a frequent basis for designation Also a frequent basis for designation Dutchess and Putnam Counties / Great Swamp Dutchess and Putnam Counties / Great Swamp Agricultural, social, cultural, historic, archaeological, recreational, or educational values Agricultural, social, cultural, historic, archaeological, recreational, or educational values Large blocks of mature forest Large blocks of mature forest St. Lawrence Co. / Colton St. Lawrence Co. / Colton Agricultural districts Agricultural districts Washington Co. / Easton Washington Co. / Easton

12 July (Still) More Examples of CEAs An inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change An inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change Karst areas Karst areas Schoharie Co. / Wright Schoharie Co. / Wright Steep slope, exposed ridge and wetlands complex Steep slope, exposed ridge and wetlands complex Dutchess Co. / Pine Plains Dutchess Co. / Pine Plains Highly diverse biological community Highly diverse biological community Tompkins Co. / Ithaca Tompkins Co. / Ithaca

12 July Mechanics of Creating a CEA Regulations also explicit on how to designate Regulations also explicit on how to designate Must be designated by a local or state agency Must be designated by a local or state agency Local agency must have authority over the land area Local agency must have authority over the land area Typically the legislative body Typically the legislative body E.g., town board, board of supervisors or legislators E.g., town board, board of supervisors or legislators State agency must be responsible for specific area State agency must be responsible for specific area E.g., Lake George Park Commission E.g., Lake George Park Commission Notice and filing requirements in (g) Notice and filing requirements in (g) Must articulate reasons for designating Must articulate reasons for designating Must include a map clearly designating boundaries Must include a map clearly designating boundaries

12 July Some Practical Notes Clearly explain resources and values to be protected, or hazards to be avoided: Clearly explain resources and values to be protected, or hazards to be avoided: Water quality or quantity? Water quality or quantity? Habitat? Habitat? Historic or cultural resources? Historic or cultural resources? Offsite migration of known pollutants? Offsite migration of known pollutants? Mapping should then include those resources within a readily-communicated, replicable unit Mapping should then include those resources within a readily-communicated, replicable unit

12 July More on the Maps Clear map enables project sponsors and reviewing agencies to clearly identify the entire CEA Clear map enables project sponsors and reviewing agencies to clearly identify the entire CEA Essential to know IF a project area is in, or includes, a CEA to then be able to analyze potential impacts 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 Ideal is now a GIS file Also good are conventional bases like USGS topographic maps Also good are conventional bases like USGS topographic maps Less desirable are metes-and-bounds Less desirable are metes-and-bounds Worst is whole municipality plus narrative Worst is whole municipality plus narrative

12 July For More Information: SEQR Regulations SEQR Regulations General SEQR information General SEQR information SEQR Handbook SEQR Handbook (Chapter 2C = CEAs) (Chapter 2C = CEAs) NYS DEC Division of Environmental Permits NYS DEC Division of Environmental Permits in Albany in Albany Regional listings through Regional listings through