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#Post#: 331--------------------------------------------------
Exactly what is a SEQR Review and why does it matter to the EEIP
Program
DIR By: Doug K
Date: March 13, 2019, 12:57 pm
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There's been a enough talk about this State Environmental
Quality Review or SEQR as it's known by, to create it's own
forum subject on the Erie Canal Neighbors Association website.
Some people used the SEQR Act to stop the EERP project that was
dedicated to public safety, it's not a process to be taken
lightly. Here's what the SEQR Act is all about in New York
SEQR Introduction:
HTML https://www.dec.ny.gov/permits/6208.html
SEQR Process Flow Map:
HTML https://www.dec.ny.gov/permits/32521.html
Seems the real issue at hand was whether the NY Canal
Corporation was correct in their declaration that the Canal
Embankment Restoration Project was a "maintenance activity on a
flood control structure (ie:dam) or were they arbitrarily
clearing "open land".
The Canal Corp said the SEQR was a Type 2 which did not require
a full SEQR Environmental Impact Statement Form completion, some
folks in Town of Brighton, Pittsford & Perinton thought
differently and convinced a Court to halt work there until a
full SEQR could be done. So the NY Canal Corp took the cue, and
cut these three towns off the original project plan, and also
started their new PROGRAM supporting Embankment Integrity &
Safety.
So how does SEQR work and what does this EIS form look like?
It was tough, but I condensed the 37 pages of the EERP SEQR
forms to three pictures I will share here. SEQR uses several
form, sectioned into neat little parts, to help the person
reviewing the location or area being worked on, think about what
is occurring there. It's a checklist of sorts that focuses your
thought on key areas to help understand the impact of the work
on the surrounding environment.
SEQR seems to cover just about everything that could happen or
be seen in work of this kind. Here's the 3 Main parts of the
SEQR process, starting with Part 3 first, that is the
Environmental Impact Statement that is the GOAL of the whole
SEQR effort.
[attachimg=1]
PART 1 of SEQR:
This section defines the actual work to be done and a
description of the area around it. It sets the sage so to speak
for Part 2
[attachimg=2]
PART 2 of SEQR:
This section covers 18 different areas of concern to consider
when doing the work outlined in Part 1, it's the nuts and bolt
of the SEQR analysis. This is where the determination is made of
impacts to everything from land to animals to humans. It looks
at the time during the work, while also considering the long
term affects of the work being done.
[attachimg=3]
So you know, there are sections in the SEQR documents specific
to Dams, Wetlands, Pollution & Privacy, it leaves no stone
unturned. And now it is required on the new EEIP Program moving
along the rest of the 260 miles of Erie Main waterline still
left to do. There are still about 90 miles of Earthen
Embankments still left to address with the new Embankment
Integrity Program... and "missing" SEQR will not be an issue
Since the SEQR was done "post large vegetation removal" in the
EERP project the NY Canal Corp took a "restoration" approach,
deciding to replant barriers (per what would have been SEQR
requirements) and as desired by the neighboring property owners.
Mostly this SEQR re-screening requirement falls under Sections 9
& 15 of SEQR Part 2.
And for those keeping score... the New York Canal Corporation
was RIGHT about not needing the SEQR Form Statement as their
assessment that Embankment Remediation is a Type 2 action was
verified by NY DEC in October 2018.
HTML https://www.dec.ny.gov/enb/20181031_not8.html
Type II actions:
Type II actions listed in the statewide and agency SEQR
regulations are determined not to have a significant adverse
impact on the environment. Some examples:
1) rebuilding or replacement of facilities, in kind, on the same
site
2) minor structures, such as garages, barns or home swimming
pools, routine permit and license renewals with no substantial
change in permitted activities
3) construct or expand either primary or accessory
nonresidential structures in an appropriate zone with less than
4,000 square feet of gross floor space construct or expand a
single, two or three family residence on approved lot
4) routine activities of educational institutions, including
expansions of existing facilities by less than 10,000 square
feet
nondiscretionary (ministerial) approvals
5)maintenance and repair activities
6)emergency actions
7)actions of the New York State Legislature and the Governor or
of any court enforcement actions
8)actions subject to environmental review under the Adirondack
Park Agency or Public Service Laws.
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