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2012-276 2012-276 Resolution of the Town Board Regarding State Environmental Quality Review (SEQR) Determination of Non-Significance for the Extension of United Wappinger Water District Water Main to NYC DEP and Chelsea At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October 9,2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czamiecki (arrived at 7:39 PM) Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, the Town Board of the Town of Wappinger has entered into an Agreement in Principle with the New York City Department of Environmental Protection to prepare design plans and specifications and a Map, Plan and Report for the United Wappinger Water District water main extension to the NYCDEP Shaft 6 parcel on River Road; and WHEREAS, the extension of the water district and construction of the water main are subject to compliance with the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder at 6 NYCRR, Part 617 (SEQR); and WHEREAS, the Town Board has caused to be prepared Part 1 of a Full Environmental Assessment Form (Full EAF); WHEREAS, by Resolution 2012-184, the Town Board authorized the circulation of notices of its intent to serve as lead agency for the proposed action; and WHEREAS, by Resolution 2102-245, the Town Board declared itself to be Lead Agency for coordinated review of the action pursuant to 6 NYCRR 617.6; and determined that Extension No.2 of the United Wappinger Water District to the NYC DEP Parcel and to the Chelsea Hamlet is a Type 1 action under the SEQRA regulations found at 6 NYCRR Part 617; WHEREAS, the Town Board has reviewed Part 1 of a Full EAF; and caused to be prepared and reviewed Parts 2 and 3 of a Full EAF; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the Action does not involve a Federal agency. 3. The Town Board hereby finds and determines that: a) it has considered the Action, reviewed all parts of the Full EAF, reviewed the criteria set forth in 6 NYCRR section 617.7(c), thoroughly analyzed the relevant areas of potential environmental concern, and has duly considered all of the potential project environmental impacts and their magnitude in connection with the proposed action; b) United Wappinger Water District water main extension to the NYCDEP Shaft 6 parcel on River Road and Chelsea Hamlet will not result in any large and important environmental impacts, and, therefore, is one which will not have a significant impact on the environment; and c) the reasons supporting this determination are set forth on the attached Notice of Determination of Non-Significance with respect to this project (a copy of which said form is on file in the Office of the Town Clerk of the Town of Wappinger). 4. The Town Board, as Lead Agency with reference to the above-described project, hereby: a) adopts a negative declaration pursuant to 6 NYCRR section 617.7 with respect to the proj ect, b) authorizes the Supervisor of the Town of Wappinger to sign a negative declaration determination of non-significance with respect to the project, c) directs the Town Clerk to circulate a copy to involved agencies; and to publish a notice in the Environmental notices bulletin (ENB); and d) directs the Town Clerk to file a copy of said negative declaration determination of non-significance in the records of the Town. 5. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCIL WOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE Dated: Wappingers Falls, New York 10/9/2012 The Resolution is hereby duly declared adopted. ~~ / ' / HRISTINE FUr: , ~RK 12-12-79 (3/99)-9c SEQR State Environmental Quality Review NEGA liVE DECLARA liON Notice of Determination of Non-Significance Project Number Date: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board as lead agency, has determined that the proposed action described below will not have a significant adverse environmental impact and a Draft Impact Statement will not be prepared. Name of Action: United Wappinger Water District Water Main Extension to New York City Department of Environmental Protection (NYCDEP) & Chelsea Hamlet SEQR Status: Type 1 Unlisted [{] D Conditioned Negative Declaration: DYes [{] No Description of Action: The Town Board of the Town of Wappinger has entered into an Agreement in Principle with the NYCDEP to prepare design plans and specifications and a Map, Plan and Report for the United Wappinger Water District water main extension to the NYCDEP Shaft 6 parcel on River Road. The project will be done in two phases. Phase 1: Installation of approximately 20,000 LF of new 12 inch water main extension and appurtenances from the United Wappinger Water District (near the intersection of CR 28 and Cayuga Drive) to the NYCDEP Shaft 6 site (parcel 135689-6056-01-288977). Phase 2: Installation of approximately 14,700 LF of new 8 inch water main extension and appurtenances from NYCDEP Shaft 6 site along the following roads in the hamlet of Chelsea: Stenger Court, Sky top Drive, Lake Drive, Circle Drive, River Road, North Street, Bank Street, Liberty Street, Broadway Avenue, Market Street and Spring Street. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Various location described above in the Town of Wappinger, Ducthess County SEQR Negative Declaration Page 2 of 2 Reasons Supporting This Determination: (See 617.7(a)-(c} for requirements of this determination; see 617.7(d} for Conditioned Negative Declaration} 1. The action will not adversely affect landforms, non-protected waterbodies, surface or ground water; non-threatened and non-endangered species; agricultural lands; aesthetic resources; open space or recreational resources; critical environmental areas; or energy supply or character. 2. Small to moderate impacts on land will be mitigated by aspects of the action such as: - Soil erosion and sediment control plans; - Trench dewatering and management of discharge using sheet flow and sediment traps; - Mechanical removal of rock where possible and compliance with local and state regulations for blasting where this method of rock removal is determined to be necessary; and - Blasting will be prohibited within 1/2-mile of active Bald Eagle nests during breeding season. 3. Small to moderate impacts on water will be mitigated by aspects of the action such as: - Using drilling techniques to minimize ground surface disturbance or changes; and - Soil erosion and sediment control plans. 4. Temporary air, noise and traffic impacts are noted to be small to moderate and will be mitigated by the fact that these are temporary in nature and by aspects of the action such as: - Use of dust control measures from the Dutchess County Soil Conservation guidebook; and - Construction activity will be limited to normal daytime hours (7 AM to 7 PM). 5. The water main installation will not adversely impact the structures listed on the National Register of Historic Places since construction will occur within or immediately adjacent to the road right-of-ways. Any temporary effects will be mitigated by restoration of disturbed areas. 6. Installation of the water main extension from the UWWD to the NYCDEP Shaft 6 site, and to the residents of the Hamlet of Chelsea, is considered a beneficial impact since it will allow the NYCDEP to improve their water system and will provide potable water to residents. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of pubication In the ENB) For Further Information: Contact Person: Supervisor Barbara Gutzler, Town of Wappinger Town Hall Address: 20 Middlebush Road, Wappinger Falls, NY 12590 Telephone Number: (845) 297-4158 For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to: Chief Executive Officer, Town / City / Village of Supervisor Barbara Gutzler, Town of Wappinger Other involved agencies (If any) See attached list Applicant (If any) Environmental Notice Bulletin, 625 Broadwav, Albanv NY, 12233-1750 (Type One Actions onlv)