Critical Environmental Areas Under SEQR

1. Critical Environmental Areas Under SEQR What Do They Mean? How Are They Created? NYS Department of Environmental Conservation Division of Environmental Permits

2. What’s the Point of a CEA? • Impacts must be assessed by lead agency in reaching determination of significance • 6 NYCRR 617.7(c)(1) • “(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 • Change as of 1996 revisions to SEQR regulations

3. Criteria for a CEA • Explicit in regulations, 6 NYCRR 617.14(g)(1): • … 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.

4. Examples of Existing CEAs • All listed on DEC’s SEQR Web pages • http://www.dec.ny.gov/permits/6184.html • Catalogued by county • Benefit or threat to human health • Hazardous waste sites • Dutchess County • Watersheds, aquifer recharge, or wellfields • Most common basis for existing designations • Broome & Cortland Co. / multiple towns

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

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

7. Mechanics of Creating a CEA • Regulations also explicit on how to designate • Must be designated by a local or state agency • Local agency must have authority over the land area • Typically the legislative body • E.g., town board, board of supervisors or legislators • State agency must be responsible for specific area • 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

8. Some Practical Notes • 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? • Mapping should then include those resources within a readily-communicated, replicable unit

9. More on the Maps • 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 • 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

10. For More Information: • SEQR Regulations • http://www.dec.ny.gov/regs/4490.html • General SEQR information • http://www.dec.ny.gov/permits/357.html • SEQR Handbook • http://www.dec.ny.gov/permits/6188.html • (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