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2013-0532013-53 Resolution Adopting a Negative Declaration in Connection with Local Laws Amending Chapter 122, Fees and Fines, Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, Chapter 206, Soil Erosion and Sediment Control, Chapter 213, Stormwater Management, Chapter 214, Streets and Sidewalks, and Chapter 240, Zoning, of the Town Code 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 January 28, 2013. 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 Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Czarniecki. WHEREAS, the Town Board is considering the adoption of Local Laws which would amend Chapter 122, Fees and Fines, Chapter 137, Freshwater Wetland, Watercourse and Waterbody Protection, Chapter 206, Soil Erosion and Sediment Control, Chapter 213, Stormwater Management, Chapter 214, Streets and Sidewalks, and Chapter 240, Zoning, of the Town Code; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Laws are an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, Frederick P. Clark Associates, Inc., the Town's Planning Consultant has prepared a Full Environmental Assessment Form regarding the proposed Local Laws, which EAF analyzes the potential environmental impacts regarding said Local Laws. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding that the proposed Local Laws will have no significant adverse impact upon the environment, and thereby ending the SEQRA process with respect to said Local Laws. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 1/28/2013 The Resolution is hereby duly declared adopted. RISTINE FULTON, TOWN CLERK State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: , 2013 SEAR 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 effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Laws Amending Chapter 122, Fees and Fines, Chapter 137, Freshwater Wetlands, Waterbody and Watercourse Protection, Chapter 206, Soil Erosion and Sediment Control, Chapter 213, Stormwater Management, Chapter 214, Streets and Sidewalks, and Chapter 240, Zoning, of the Town Code SEAR Status: Type I Action Conditioned Negative Declaration: No Description of Action: Local Laws Amending Chapter 122, Fees and Fines, Chapter 137, Freshwater Wetlands, Waterbody and Watercourse Protection, Chapter 206, Soil Erosion and Sediment Control, Chapter 213, Stormwater Management, Chapter 214, Streets and Sidewalks, and Chapter 240, Zoning, of the Town Code Location: Town of Wappinger, Dutchess County SEAR Negative Declaration Page 2 Reasons Supporting This Determination: The proposed amendments to the Wappinger Town Code do not involve any direct physical changes to the environment. All of the proposed amendments to the Town Code involve a modification of standards intended to benefit and protect the environment rather than to adversely impact the environment. Lead Agency: Town of Wappinger Town Board Town Hall, 20 Middlebush Road Wappingers Falls, New York 12590 For Further Information: Contact Person Address: Telephone Number: Filing and Publication: Barbara Gutzler, Town Supervisor Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 (845) 297-2744 This notice of a Negative Declaration shall be filed with the Supervisor of the Town of Wappinger and with the Town of Wappinger Town Clerk. Further, this notice of a Negative Declaration shall be emailed to enb ~pw.dec.state.ny for publication in the Environmental Notice Bulletin. j:\docs2\500\wappinger\code amendmts\misc code amends neg dec 9-20-12.dhs.doc:ev State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEAR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE -Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ^ Part 1 ^ Part 2 ^ Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonable determined by the lead agency that: i ^ A. The Project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ^ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 has been required, therefore a CONDITIONED negative declaration will be prepared. ^ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. Local Laws Which Would Amend Chapter 122, Fees and Fines, Chapter 137, Freshwater Wetlands, Waterbody and Watercourse Protection, Chapter 206, Soil Erosion and Sediment Control, Chapter 213, Stormwater Management, Cha ter 214, Streets and Sidewalks, and Cha ter 240, Zonin , of the Town Code Name of Action Town of Wa in er Town Board Name of Lead Agency Barbara Gutzler Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) David H. Stolman, AICP, PP _ September 20. 2012 Date PART 1 -PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and s eci each instance. NAME OF ACTION Local Laws Which Would Amend Chapter 122, Fees and Fines, Chapter 137, Freshwater Wetlands, Waterbody and Watercourse Protection, Chapter 206, Soil Erosion and Sediment Control, Chapter 213, Stormwater Management, Chapter 214, Streets and Sidewalks, and Chapter 240, Zoning, of the Town Code LOCATION OF ACTION (include Street Address, Municipality and County) Town of Wa in er, Dutchess Count NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Town of Wa in er Town Board 845 297-2744 ADDRESS Town Hall, 20 Middlebush Road, P. O. Box 324 CITYlPO STATE ZIP CODE Wa in ers N.Y. 12590-0324 NAME OF OWNER (if different) BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Local Laws Which Would Amend Chapter 122, Fees and Fines, Chapter 137, Freshwater Wetlands, Waterbody and Watercourse Protection, Chapter 206, Soil Erosion and Sediment Control, Chapter 213, Stormwater Management, Chapter 214, Streets and Sidewalks, and Chapter 240, Zoning, of the Town Code Please Complete Each Question -Indicate N.A. if not applicable A. Site Description - N.A. Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ^ Urban ^Industrial ^ Commercial ^ Forest ^ Agriculture ^Other 2. Total acreage of project area: acres: APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Article 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, Buildings and Other Paved Surfaces acres acres Other (Indicate type) acres acres What is predominant soil type(s) on project site? a. Soil drainage ^ Well drained % of site ^ Moderately well drained % of site ^ Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370) ^ Residential (suburban) ^ Rural (non-farm) 2 4. Are there bedrock outcroppings on the project site? ^ Yes ^ No a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: ^ 0-10% % ^ 10-15% ^ 15% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ^ Yes ^ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ^ Yes ^ No 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal or sole source aquifer? ^ Yes ^ No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ^ Yes ^ No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ^ Yes ^ No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ^ Yes ^ No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ^ Yes ^ No If yes, explain 14. Does the present site include scenic views known to be important to the community? ^ Yes ^ No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres)- 17. Is the site served by existing public utilities? ^ Yes ^ No a. If Yes, does sufficient capacity exist to allow connection? ^ Yes ^ No • b. If yes, will improvements be necessary to allow connection? ^ Yes ^ No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25-AA Section 303 and 304? ^ Yes ^ No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ^ Yes ^ No 20. Has the site ever been used for the disposal of solid or hazardous waste? ^ Yes ^ No B. Project Description - N.A. EXCEPT FOR #24 AND #25 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor b. Project acreage to be developed acres initially; c. Project acreage to remain undeveloped acres. d. Length of project, in miles (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing ~ proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. acres. acres ultimately. 3 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? ^Yes ^ No ^ N.A. a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ^Yes ^ No c. Will upper subsoil be stockpiled for reclamation? ^Yes ^ No ton/cubic yards 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ^Yes ^ No 6. If single phased project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated months, (including demolition). (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ^Yes ^ No 8. Will blasting occur during construction? ^Yes ^ No 9. Number of jobs generated: during construction ;after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ^Yes ^ No If yes, explain 12. Is surface liquid waste disposal involved? ^Yes ^ No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharges 13. Is subsurface liquid waste disposal involved? ^Yes ^ No Type 14. Will surface area of an existing water body increase or decrease by proposal? ^Yes ^ No Explain 15. Is projector any portion of project located in a 100 year flood plain? ^Yes ^ No 16. Will the project generate solid waste? ^Yes ^ No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ^Yes ^ No c. If yes, give name ;location d. Will any waste not go into a sewage disposal system or into a sanitary landfill? ^Yes ^ No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ^Yes ^ No a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ^Yes ^ No 19. Will project routinely produce odors (more than one hour per day?) ^Yes 20. Will project produce operating noise exceeding the local ambient noise levels . 21. Will project result in an increase in energy use? If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity 23. Total anticipated water usage per day 24. Does project involve Local, State or Federal funding? ^Yes If yes, explain gallons/day. ^No tons/month. ^ No ~ ^Yes ^ No gallons/minute. ^ Yes ^ No 4 25. Approvals Required: Town Board City, Town, Village Planning Board City, Town, Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies Submittal Type Date ^Yes ^ No Amendments to Town Code ^ Yes ^No ^ Yes ^No ^ Yes ^No ^ Yes ^No ^Yes ^No Advisory Recommendation Only ^ Yes ^No ^ Yes ^No C. Zoning and Planning Information - N.A. EXCEPT FOR #1 Does proposed action involve a planning or zoning decision? ^Yes ^ No If yes, indicate decision required: ^ zoning amendment ^ zoning variance ^ special use permit ^ subdivision ^ site plan ^ newJrevision of master plan ^ resource management plan ^other Town Code amendment 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ^Yes ^No 7. What are the predominant land use(s) and zoning classification within a 1/4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 114 mile? ^Yes ^ No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ^Yes ^No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ^Yes ^No a. If yes, is existing capacity sufficient to handle projected demand? ^Yes ^ No 12. Will the proposed action result in the generation of traffic significantly above present levels? ^Yes ^No a. If yes, is the existing road network adequate to handle the additional traffic? ^Yes ^No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Town of Wapginger Town Board Date September 20 2012 Signature David H. Stolman, AICP, PP Title President Frederick P. Clark Associates, Inc. 5 Part 2-PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expected to be an expert environmental analyst. Identify that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in Part 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The responses are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. In identifying impacts, consider long term and cumulative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? ^ NO ^YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. • Construction in a designated floodway. Other impacts 2. Will there be an effect to any unique or unusual land torms touna on the site? (i.e., cliffs, dunes, geological formations, etc.) ^NO ^YES Specific land forms: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO 6 IMPACT ON WATER 3. Will proposed action affect body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ^NO ^YES Examples that would apply to column 2 • Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will proposed action affect any non-protected existing or new body. of water? ^NO ^YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? ^NO ^YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface Water runoff? ^NO ^YES Examples that would apply to column 2 • Proposed Action would change flood water flows. • Proposed Action may cause substantial erosion. Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO 7 IMPACT ON AIR 7. Will proposed action affect air quality? ^NO ^YES Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any given hour. Proposed Action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ^NO ^YES Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. • Other impacts: 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ^NO ^YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ^ NO ^YES Examples that would apply to column 2 The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc. Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: 1 Small to Moderate Im act 2 Potential Large Im act 3 Can Impact Be Mitigated By Pro'ect Chan e ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO p ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO ^ ^ ^YES ^ NO 8 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Im act Im act Project Chan e IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ^NO ^YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 ^ ^ ^YES ^NO Proposed land uses, or project components obviously different from t surrounding land use patterns, whether or in sharp contrast to curren man-made or natural. or project components visible to users of nd uses d l ^ ^ ^YES ^ NO , a Propose aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. ^ ^ ^YES ^ NO Project Components that will result in the elimination or significant screening of scenic views known to be important to the area. ^ ^ ^YES ^ NO Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ^NO ^YES Examples that would apply to column 2 ^ ^ ^YES ^ NO Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to any facility or site listed on the State or National Register ^ ^ ^YES ^ NO project site. Proposed Action will occur in an area designated as sensitive for ^ ^ ^YES ^ NO archaeological sites on the NYS Site Inventory. ^ ^ ^YES ^ NO Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or Future open spaces or recreational opportunities? Examples that would apply to column 2 ^NO ^YES ^ ^ ^YES ^ NO The permanent foreclosure of a future recreational opportunity. ^ ^ ^YES ^ NO A major reduction of an open space important to the community. ^ ^ ^YES ^ NO Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(8)? ^NO ^YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 ^ ^ ^YES ^ NO Proposed Action to locate within the CEA? Proposed Action will result in a reduction in the quantity of the resource? ^ ^ ^YES ^ NO O Proposed Action will result in a reduction in the quality of the resource? ^ ^ ^ ^ ^YES ^ N ^YES ^ NO Proposed Action will impact the use, function or enjoyment of the resource? ^ ^ ^YES ^ NO • Other impacts: 9 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON TRANSPORTATION Im act Im act Pro'ect Chan e 15. Will there be an effect to existing transportation sys:NO~^ YES Examples that would apply to column 2 atterns of movement of people and/or goods. sent f ^ ^YES ^ NO ^ ^ NO p pre Alteration o Proposed Action will result in major traffic problems. ^ ^ ^YES ^ ^YES ^ NO Other impacts: ^ IMPACT ON ENERGY or Will proposed action affect the community's sources:NO l 16 ^ . YES energy supply? ^ ^ ^YES ^ NO Examples that would apply to column 2 Proposed Action wilt cause a greater than 5% increase in the use of ^ ^ ^YES ^ NO any form of energy in the municipality. Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family ^ ^YES ^ NO residences or to serve a major commercial or industrial use. ^ Other impacts: NOISE AND ODOR IMPACTS uI res Will there be objectionable odors, noise, or vibration ~N 17 ^ O . YES of the Proposed Action? ^ ^ ^YES ^ NO Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive ^ ^ ^YES ^ NO facility. Odors will occur routinely (more than one hour per day). ^ ^ ^YES ^ NO Proposed Action will produce operating noise exceeding the local ^ ^ ^YES ^ NO ambient noise levels for noise outside of structures. Proposed Action will remove natural barriers that would act as a ^ ^ ^YES ^ NO noise screen. Other impacts: IMPACT ON PUBLIC HEALTH Will Proposed Action affect public health and safety: 18 . NO ^YES ^ ^ ^YES ^ NO Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level ^ ^ ^YES ^ NO discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, ^ ^ ^YES ^ NO infectious, etc.) Storage facilities for one million or more gallons of liquefied natural ^ ^YES ^ NO gas or other flammable liquids. ^ Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous ^ ^ ^YES ^ NO waste. Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD Will Proposed Action affect the character of the exisN 19 ty~ . O ^ YES Examples that would apply to column 2 The permanent population of the city, town or village in which the ^ ^YES ^ NO ^ project is located is likely to grow by more than 5%. ^ ^YES ^ NO ^ The municipal budget for capital expenditures or operating services wilt increase by more than 5% per year as a result of this project. tion will conflict with officially adopted plans or goals. d ^ ^YES ^ NO ^ ^ NO ac Propose Proposed action will cause a change in the density of land use. ^ ^YES ^ ^ ^ ^YES ^ NO Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. ^YES ^ NO ^ ^ Development will create a demand for additional community services (e.g. schools, police and fire, etc.). Proposed Action will set an important precedent for future projects. ^ ^ ^YES ^ NO ^ ^YES ^ NO Proposed Action will create or eliminate employment. ^ ^ ^ ^YES ^ NO Other impacts: 10 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ^NO ^ YES j:\docs2\500\wappinger\code amendmts\misc code amends eaf 9-20-12.dhs.doc:ev 11