SEQR Short Environmental Assessment Form

Appendix C - State Environmental Quality Review

For UNLISTED ACTIONS Only

PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)

APPLICANT/SPONSOR:
New York State Department of Environmental Conservation
PROJECT NAME:
Dam Safety Revised Rule Making
PROJECT LOCATION:
Statewide
PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map):
Statewide
PROPOSED ACTION IS:
[ ] New
[ ] Expansion
[x] Modification/Alteration
DESCRIBE PROJECT BRIEFLY:
Revised rule making to implement amendments to the dam safety provisions of ECL Article 15 Title 5.
AMOUNT OF LAND AFFECTED
Initially ________ acres. Ultimately ________ acres.
WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[ ] Yes [ ] No.
If No, describe Briefly:
Not Applicable
WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[ ] Residential [ ] Industrial [ ] Commercial [ ] Agriculture [ ] Park/Forest/Open Space [X] Other
Describe:
Revised rule will apply statewide.
DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY FEDERAL, STATE OR LOCAL)?
[ ] Yes [X] No
If Yes, list agency(s) name and permit/approvals:
DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[ ] Yes [X] No
If Yes, list agency(s) name and permit/approvals:
AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[ ] Yes [X] No

I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE

Applicant/sponsor name: ________________________________________
Signature: ___________________________________________________
Date: _______________________________________________________

If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment.

PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)

DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
[ ] Yes [X] No
WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
[ ] Yes [X] No
COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly:
  No. The purpose and reasonably foreseeable outcome of this rule making is the increased safety of dams.
2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
  Same answer as above.
3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
  Same answer as above.
4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
  Same answer as above.
5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
  Same answer as above.
6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly:
  Please see attached (p. 3)
7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
  Please see attached (p. 3)
WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)?
[ ] Yes [X] No
If Yes, explain briefly:
IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[ ] Yes [X] No
If Yes, explain briefly:

PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)

INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.

[ ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.

[X] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination.

Name of Lead Agency: ________________________________________

Print of Type Name of Responsible Officer in Lead Agency: ________________________________________

Signature of Responsible Officer in Lead Agency: ________________________________________

Title of Responsible Officer: ________________________________________

Signature of Preparer (If different from responsible officer): ________________________________________

Date: ________________________________________

Rule Making - Operation and Maintenance of Dams
I.D. No. ENV-07-08-00011-P
Amendment of Parts 606 and 673 and section 621.4 of Title 6 NYCRR

Attachment to:
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only

C.6: The Department considered the long term, short term, and cumulative effects of this revised rule making. The rule making implements a prior-existing statutory requirement (to operate and maintain a dam in a safe condition) and does not therefore change the existing balance of habitat.

C.7: Some dam owners may choose to breach or remove their dams. The potential environmental impacts, both positive and negative, of the removal or breach of existing dams can not be reasonably predicted at this time. There will be a caseby-case opportunity to perform full analysis through the permitting process (Part 608) associated with any breach or removal project.