Question D 2 - Project Operations - Full EAF (Part 1)
Full Environmental Assessment Form (FEAF) Workbook
Part 1, Section D.2. is designed to elicit specific information about the proposed project's operation. If the proposed project is solely a municipal action for the legislative adoption of amendment of a plan, local law, ordinance, rule or regulation, then all Section D questions may be skipped. Otherwise, this section is where the applicant needs to describe, in as much detail as possible, the proposed project's operations and components.
Answers to these questions are important because the reviewing agency needs to understand the project and its components before any analysis of impacts can be conducted. This section is also important because the answers will be critical in defining the scale and context of the proposal. Answers to D.2. questions will highlight the relevant environmental topics and help identify what will need to be evaluated in Part 2 of the EAF by the reviewing agency.
D.2. questions explore fifteen major environmental topics. As proposed project plats, site plans, and permit application materials are being prepared, it may be helpful for applicants to use the table below as a checklist so that you can gather the necessary information and calculations. It will help you screen answers to focus on. If the proposed project or its components do not address a particular topic, then that set of questions is not relevant and may be skipped.
Be sure that you have maps, plans, calculations, and details on each environmental topic that the proposed project may influence. A more efficient review can take place when there is a complete set of Part 1 information. Keep in mind that space is limited on the Full Environmental Assessment Form to provide additional detail. Applicants should feel free to attach additional sheets, maps, data or illustrations as needed, to provide an appropriate level of detail.
Exploring Part 1, Section D.2. Questions
The following table is provided as a possible method to screen which questions need to be answered.
|When to Answer the Question
(for Project Construction, Operation, or Both)
|Excavation, mining, dredging activities will take place
|Answer if the project includes excavation, mining or dredging activities. This does not include grading and site preparation work.
|Wetland, waterbody, shoreline, or beach areas will be altered or encroached upon
|Answer if the project is changing or encroaching on any one of these existing water features. This would include regulated and non-regulated wetlands, lakes, ponds, streams, reservoirs, shorelines and beaches AND areas adjacent to any of these features
|New or expanded demand for water
|Answer if the project will use or create a demand for water, will use water from an existing public water supply, will require new lines or extensions to water lines, or will obtain water from wells
|Liquid waste will be generated and there is need for wastewater treatment
|Answer if some sort of liquid waste will be generated. This includes sanitary or industrial wastewater that needs either private or public wastewater treatment facilities
|Stormwater runoff will be created
|Answer if more than one acre of land is to be disturbed (meets the SWPPP criteria) and creates stormwater runoff
|f, g, h, i.
|Air emissions will occur
|Answer if any air emissions will occur. Subsequent questions need to be answered related to whether the project requires any kind of air permit or registration, emit methane, or release air pollutants from open-air process.
|Substantial traffic will be generated
|Answer if substantial increases in traffic will occur or if there will be a substantial new demand for transportation facilities or services. (See LINK for a discussion of 'substantial' traffic increases).
|Generate new or additional demand for energy
|Answer if there will be new demands for energy or additional demands on energy
|Hours of operation
|Answer to designate the hours of operation
|Ambient noise levels will be exceeded
|Answer if the project will cause ambient noise levels to be exceeded
|Outdoor lighting is necessary
|Answer if any type of outdoor lighting is to be provided for
|Odors will be produced
|Answer if odors will be produced for more than one hour per day
|Storage of petroleum or chemicals is needed
|Answer if there is any bulk storage over 1,100 gallons of petroleum or over 550 gallon of chemical products
|Pesticides or herbicides will be used
|For commercial, recreational and industrial projects, answer if there will be any use of pesticides
|Solid waste will need to be managed or disposed (for commercial or industrial uses)
|For commercial and industrial projects, answer if there is to be any management or disposal of solid waste.
|Hazardous waste will need to be generated, treated, stored, or disposed of (for commercial uses)
|Answer if there is to be any generation, treatment, storage, or disposal of hazardous wastes.
D2 a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite)
i. What is the purpose of the excavation or dredging?
ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site?
• Volume (specify tons or cubic yards): __________
• Over what duration of time? ____________________
iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them.
iv. Will there be onsite dewatering or processing of excavated materials?
If yes, describe. ______________________________
v. What is the total area to be dredged or excavated? __________ acres
vi. What is the maximum area to be worked at any one time? __________ acres
vii. What would be the maximum depth of excavation or dredging? __________ feet
viii. Will the excavation require blasting?
ix. Summarize site reclamation goals and plan:
Excavation, Mining, Dredging
Excavation is the removal of soil and rock materials, and includes placement of fill in one location that was excavated from a different location. Mining is defined by DEC in Article 23, Title 27-Environmental Conservation Law Implementing Regulations-6NYCRR Part 420-425 as "the extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. Mining shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities." Dredging includes all in-water activities that are designed to move or remove sediment. Examples of dredging activities include but are not limited to mechanical and hydraulic dredging, mechanical plowing, trenching and jetting.
Filling in navigable waters, excavating contaminated soils, mining and mine reclamation activities, dredging in streams or wetlands, or similar actions that may need a Protection of Waters permit are examples of activities that would be considered excavation, mining or dredging.
Answering Question D.2.a.
If any excavation, mining or dredging is included in the proposed project, check 'yes' and answer sub-questions (i) to (ix). If these activities are not part of the proposed project, check 'no' and move to Question D.2.b. As per Article 23, Title 27-Environmental Conservation Law Implementing Regulations-6NYCRR Part 420.1 (k), do not consider any grading, cut and fill, installation of utilities or foundations, or other site preparation work where the excavated material will stay on site as "excavation, mining or dredging".
i. and ii. If these activities are part of the proposed action, applicants should clearly state the purpose of the project, calculate the volume or materials to be removed, and indicate how long the process will take. Applicants should work with their engineering or design professionals to help calculate the total area to be dredged or excavated over the entire time of the project, identify how much area is to be disturbed at any one time, and determine the maximum depth for dredging or excavation.
iii. through ix. Describe what is to be excavated or dredged, and how these materials will be used, managed or disposed of. An example statement of purpose could be "this is a project that involves dredging lake bottom sediments with a transportable, self-propelled dredging system to control invasive species as well as to restore an area of the shoreline that has been silted in." Similarly, the nature and characteristics of the materials to be dredged could be described as "viscous mud, silt and bottom sediments will be transported 3 miles away to be spread on a 5 acre vacant field, allowed to passively dewater, and then subsequently, be seeded over. The dewatering location will be authorized under a SPDES Permit for stormwater associated with Construction Activities." An example statement that summarizes site reclamation goals and plans could be "the disposal and dewatering location will be graded and seeded over with a grass/alfalfa mix and will be maintained with annual mowing to keep it in grass."
Other Useful Links
DEC Technical and Operational Guidance 5.1.9, In-Water and Riparian Management of Sediment and Dredged Material, 2004.
Mineral Resources (Mined Land Reclamation) Part 420
Mining Reclamation Laws
D2 b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment into any existing wetland, waterbody, shoreline, beach or adjacent area?
i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description):
ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres:
iii. Will proposed action cause or result in disturbance to bottom sediments?
If Yes, describe:
iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation?
• acres of aquatic vegetation proposed to be removed ____________________________________________________________
• expected acreage of aquatic vegetation remaining after project completion ___________________________________
• purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ______________________
• proposed method of plant removal: __________________________________________________________________
• if chemical/herbicide treatment will be used, specify product(s): ____________________________________________
v. Describe any proposed reclamation/mitigation following disturbance:
Wetlands and Waterbodies
This question concerns all the waterbodies that may be located in or near the project site, whether they are regulated or not. Wetlands, streams, lakes, reservoirs, shorelines, and beaches are examples of waterbodies and areas that may be impacted by an action and that are explored here. For purposes of this Part 1 question, if specific buffer areas do not exist, consider 'adjacent' to be 100 feet from the shoreline or waterline of any of these waterbodies. Note that buffer areas or other zones, and some definitions, are legally established for some waterbodies in certain regulations and may differ from this 100 feet. For example, Tidal Wetland buffers are 300 feet landward of said most landward boundary except for the City of New York where this distance is 150 feet.
New York's waterbodies include rivers, streams, lakes, ponds and wetlands and are necessary for drinking and bathing; agricultural, commercial and industrial uses; and fish and wildlife habitat. In addition, New York's waterways provide opportunities for recreation; education and research; and aesthetic appreciation. The State has established policies to preserve and protect these important environmental features (Title 5 of Article 15 of the ECL). This question provides information about if, and how a proposed activity could adversely affect the uses of these waters.
Note: Question E.2.h. also asks about the existence of water features on the proposed project site, and stream classifications.
Answering Question D.2.b.
Use DEC's Environmental Resource Mapper, or check maps in the DEC regional office to determine if protected streams and waterbodies, wetlands, ponds, lakes or shoreline areas are contained within or adjacent to your proposed project site. For areas within the Adirondack Park, use the Adirondack Regional Geographic Information System (ARGIS) map application. To find out if there are any mapped wetlands on your proposed project site that are outside of any NYS agency jurisdiction, you can use the National Wetlands Inventory Wetlands Mapper. Most of the mapping systems described here are done at a scale that does not include wetlands smaller than about 1/4 acre.
If the proposed project alters, changes the size of, or encroaches on any existing wetland, waterbody, shoreline, beach or areas adjacent to these features, check 'yes' to Question D.2.b. If there are no wetlands or other waterbodies that will be altered or encroached upon, check 'no' and move to Part 1 Question D.2 c.
In addition to these online mapping sites, your local municipal office should have paper copies of the DEC and APA regulatory maps. They may also have local plans, studies, or natural resource inventories that include mapped wetlands and locally designated wetlands. Maps, plats, or site plans prepared for the proposed project should include information about locations having any waterbody or obviously wet areas. Plans should have sufficient detail on existing and proposed contours, grades, topographic features and profiles at a scale sufficient to assess project impacts on the waterbody.
i. Some waterbodies may be identified by name, wetland map number, or other identification. Include any water body classification that may be designated at question D.2.b.(i). These classifications will show in the pop-up window when using the 'identify' tool in the Environmental Resource Mapper, or they can be found on DEC's NY stream classifications maps.
ii. through iv. Once you have identified that wetlands or other waterbodies are present on or adjacent to the project site, describe how they may be affected by the proposed action. An example of such a statement would be "one acre of shoreline soil material, along with cattails, grass and trees will be removed and the shallow area of the lake will be dredged five feet to enhance access for boats. Project will include a 100 foot concrete retaining wall, and construction of a dock with 20 marina slips. In this example, sub-question (iii) and (iv) would be answered 'yes' due to the disturbance of bottom sediments and removal of aquatic vegetation. Aquatic vegetation would include emergent plants (those that grow primarily above the water), floating plants (may or may not be rooted underwater but have a floating leaf), and submergent plants (those that grow primarily underwater).
v. Be sure to describe construction methods and any proposed reclamation or mitigation measures. Reclamation/mitigation should include methods for addressing erosion and sediment control, re-vegetation, or restoration of habitats. Further, the description of the proposed reclamation/mitigation plans should outline whether restoration, creation or enhancement of the water body will be conducted, whether mitigation or reclamation will take place on or off site, and how it will be monitored.
Other Useful Links
The NYS Freshwater Wetlands Act
Environmental Conservation Law, Article 25, Tidal Wetland Act
APA Freshwater Wetlands Flyer
The U.S. Army Corps of Engineers (ACOE)
Protection of Waters Information
D2 c. Will the proposed action use, or create a new demand for water?
i. Total anticipated water usage/demand per day: __________ gallons/day
ii. Will the proposed action obtain water from an existing public water supply?
• Name of district or service area: ____________________
• Does the existing public water supply have capacity to serve the proposal?
• Is the project site in the existing district?
• Is expansion of the district needed?
• Do existing lines serve the project site?
iii. Will line extension within an existing district be necessary to supply the project?
• Describe extensions or capacity expansions proposed to serve this project: ____________________
• Source(s) of supply for the district: ____________________
iv. Is a new water supply district or service area proposed to be formed to serve the project site?
• Applicant/sponsor for new district: ____________________
• Date application submitted or anticipated: ____________________
• Proposed source(s) of supply for new district: ____________________
v. If a public water supply will not be used, describe plans to provide water supply for the project: ____________________
vi. If water supply will be from wells (public or private), maximum pumping capacity: __________ gallons/minute.
Answering Question D.2.c.
New York State's waters are an important natural resource used for industry, agriculture, power supply, mining, domestic consumption, recreation, and for fish and wildlife species. Managing the use of this resource is important for the State's economic growth and the health of its citizens and the environment. Water is not an inexhaustible resource, and any proposed action that will impact a water supply needs to be evaluated.
Some proposed projects will not need a water supply. If not, check 'no' to question D.2.c., and move on to D.2.d. For those that do need water, you will need to know if you are going to connect to an existing public or private water supply, whether an extension of those services will be necessary, or if a new water supply will be developed.
All public water supplies (systems) in NYS are regulated through the NYS Department of Health Drinking Water Protection Program. The Department of Health defines a public water system as: "...any entity which provides water to the public for human consumption through pipes or other constructed conveyances. In New York, any system with at least five service connections or that regularly serves an average of at least 25 people daily for at least 60 days out of the year is considered a public water system."
For the purposes of SEQR, a private water supply is defined as a water supply that falls outside of the Department of Health's definition of a public water system. Private water supplies may come from a drilled well. Dug well and surface water bodies such as a lake may also appear as water sources. However, it should be noted that the NYS DOH prefers drilled wells and does not recommend dug wells for individual water supplies. If water is required for the project but there is no existing supply, you will need to describe the method to be used for supplying potable water.
i. Work with your design professional or engineer to determine the anticipated usage or demand for water per day. This is usually determined by the number of bedrooms, for residential projects; or persons employed or square footage for commercial uses, or by comparing the project to nearby similar uses.
ii. If the proposed action will obtain water from an existing public water supply, answer 'yes' to question D.2.c.(ii), and identify the district or service area. Review water district maps, identify where water lines are and what capacity the system has to serve the proposed project. In order to determine the public water systems current capacity, contact the system operator.
The operator of the system will be your best point of contact for information regarding the capacity of the water supply. The operator may be an employee of the local municipality, the county, a homeowners association, or a private company hired to maintain the system. The local municipal office, website, or government pages of the phone book may be helpful in locating the operators. Another source for contact information can be found on the New York State Department of Health's Annual Water Quality Report, if the system is a Community Water System, or you can ask your local health department or state district office for the operator's contact information.
iii. If there is an existing public water supply system and the proposed project is within an existing water district but an extension of water lines or increases in capacity are required, answer 'yes' to question D.2.c.(iii). Describe what the proposed expansion will require including size and length of pipe to be added, the number of potential laterals or new hookups that may be created, and the number of gallons per day that is proposed. Identify the source of water supply. If additional capacity is required for an existing water district, also describe how much additional capacity is needed and provide information indicating the water supplies capacity for expansion.
iv. Some projects may require water but an existing system does not exist so a new one needs to be formed to serve the site. In that case, identify where this will be, how large an area it will cover, how many lots, homes or businesses would be included, source of water supply, and the role the municipality will have in forming that district.
v. and vi. Private water supplies are typically drilled wells. These drilled wells usually supply a single use, such as a single family home, or a small commercial use. However, there are instances where multiple homes or uses are supplied by a single well. Some properties may have older dug wells on them, or be supplied by surface water such as a lake.
If you are connecting to an existing private water supply, you may have to do some investigation to learn what the capacity is. There may or may not be adequate records available describing the capacity of the water supply, and its existing level of use. Some newer wells may have well log data filed with the municipality or DEC that will help give information on its water capacity. You can see if data on a well is available by searching through the Water Well Information Search Wizard (search by coordinate or county).
D2 d. Will the proposed action generate liquid wastes?
i. Total anticipated liquid waste generation per day: ________ gallons/day
ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each):
iii. Will the proposed action use any existing public wastewater treatment facilities?
• Name of wastewater treatment plant to be used: ______________________________
• Name of district: ______________________________
• Does the existing wastewater treatment plant have capacity to serve the project?
• Is the project site in the existing district?
• Is expansion of the district needed?
• Do existing sewer lines serve the project site?
• Will line extension within an existing district be necessary to serve the project?
• Describe extensions or capacity expansions proposed to serve this project:
iv. Will a new wastewater (sewage) treatment district be formed to serve the project site?
• Applicant/sponsor for new district: ______________________________
• Date application submitted or anticipated: ______________________________
• What is the receiving water for the wastewater discharge? ______________________________
v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge, or describe subsurface disposal plans):
vi. Describe any plans or designs to capture, recycle or reuse liquid waste:
Wastewater and other liquid wastes
This question explores any liquid wastes and wastewater treatment facilities that may be associated with the proposed project. Liquid wastes include both sanitary wastewater (sewage) and liquid industrial waste. However, if the liquid generated by the proposed project is considered to be hazardous waste, provide those details in question D.2.t. Liquid wastes do not include stormwater runoff - that will be explored in Question D.2.e. Add information for all sanitary and non-hazardous liquid waste generated by the proposed project in this question.
Wastewater treatment is the process of removing physical, chemical, and biological contaminants from sewage and non-hazardous liquid waste. It is essentially a way to speed up the natural purification processes to return the treated water back to the environment with as little impact as possible.
Some projects may need a SPDES permit from DEC. SPDES is the NY State Pollutant Discharge Elimination System (SPDES) that controls wastewater discharges. Wastewater treatment utilities meeting the following criteria will need a SPDES permit from DEC:
- Constructing or connecting to an outlet or pipe that discharges more than 1,000 gallons per day of sewage-only wastes to ground water
- Constructing or connecting to an outlet or pipe that discharges industrial or other non-sewage wastes to ground water
- Constructing or connecting to an outlet or pipe that discharges wastewater into any surface water
- Constructing or operating a disposal system such as a sewage treatment plant
Wastewater treatment systems that discharges less than 1,000 gallons per day to groundwater, and that have no industrial or other non-sewage wastes will require approval from the appropriate city or county health department, or the appropriate district office of the New York State Department of Health.
Wastewater treatment systems requiring a SPDES permit will have an operator that is responsible for maintaining the system. The operator may be an employee of the local municipality, the county, a homeowners association, or a private company hired to maintain the system. The operator of the system will be your best point of contact for information regarding the system's capacity.
For existing wastewater treatment systems that do not require a SPDES permit, the city or county health department, or the Department of Health District Office may have records that describe the system's capacity when it was built. Contact the municipal office, website, or government listings in a local phone book to search for additional contacts. If no records can be found, you might have to hire an engineer to examine the wastewater treatment system to determine its operating capacity.
Answering Question D.2.d.
If there are any sanitary or non-hazardous industrial liquid wastes to be generated by the proposed project, check 'yes' and answer sub-questions (i) through (vi). If there are to be no liquid wastes generated, move onto Question D.2.e.
i. and ii. If liquid wastes will be generated, work with the design professional or engineer to calculate the total anticipated amount of liquids to be generated in gallons per day. This should account for all uses associated with the project, all users, and all phases. Describe the nature of the liquid waste, for example "There will be 950 total gallons per day of wastewater generated. 90% of that will be sanitary wastewater and 10% of that will be wastewater used to cool equipment. There will be no hazardous waste included in the cooling water."
iii. If liquid wastes will be generated and the proposed action will use an existing public treatment facility, provide information about that existing system and its capacity to handle the proposed amount of wastewater. Identify the name of the system (Such as the Village of ____ Wastewater Treatment facility); add the name and location of the waste water treatment district that covers the proposed project location. You could also include a map showing the name, extent and location of the district.
You will need to determine whether or not the existing system has enough capacity to provide adequate service for your project. For this, you will need to contact the system operator and compare the available capacity to the needs of the proposed project. Indicate in sub-question D.2.d.(iii) if there is enough capacity to handle the proposed project. If there is an existing system that does not have enough capacity to accommodate your proposed project and you will be proposing extension of a sewage district, extension of existing lines, placement of sewer lines, or other system upgrades, describe in this sub-question.
iv. Some projects may propose establishment of a new public wastewater treatment facility because one does not currently exist, or does not exist to serve that location. This usually involves formation of a new sewer district to serve the proposed project location. In this case, project sponsors will need to work with the municipal engineer, waste treatment operator and municipal officials to make that request. Indicate in this sub-question when an application to create a new district was or has been made. Identify the water body planned to receive the wastewater after treatment. This likely will be a nearby lake, stream, or river. The reviewing agency will need to evaluate the impacts of creating a new facility and/or district.
v. If wastewater is to be generated, but no existing or new public treatment facility is planned to be used, you will need to describe how wastewater will be treated. Work with your design professional or engineer to describe any planned surface discharge or subsurface disposal. Include the type and size of the facility, location on the property, and name and DEC classification of the water body that wastewater will be discharged into, if any.
vi. Regardless of whether a public or private wastewater treatment facility will be used, expanded, or created, describe in sub-question D.2.d.(vi) any plans to recycle or reuse liquid waste.
Information on wastewater treatment is available on the WWT web page.
NYS DEC provides municipalities information on local sewer use, sewer overflow plans, and a Model Sewer Use Law. Visit the Sewer web page for more information.
Combined Sewer Overflows (CSOs) collect runoff, domestic and industrial wastewater in the same pipe. During rainfall, the CSO capacity may be exceeded causing the excess to overflow directly into the receiving waterbody. More information is available on the CSO web page.
Wastewater Treatment Plant Operation - Links to contacts, training, certification, regulatory updates and more.
Sewers - Information on sewers and sewer use.
D2 e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point source (i.e. sheet flow) during construction or post construction?
i. How much impervious surface will the project create in relation to total size of project parcel?
________ Square feet or ________ acres (impervious surface)
________ Square feet or ________ acres (parcel size)
ii. Describe types of new point sources. ______________________________
iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)?
• If to surface waters, identify receiving water bodies or wetlands: ______________________________
• Will stormwater runoff flow to adjacent properties?
iv. Does proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater?
This question explores what, if any, stormwater discharge will occur as a result of your proposed activity.
Stormwater runoff comes from rain and snowmelt that flows over land or constructed surfaces such as paved streets, sidewalks, parking lots and rooftops and that does not seep into the ground. When this happens, the water picks up and moves chemicals, nutrients, sediments or other pollutants and debris along with it. If this stormwater runoff is not slowed and captured before it flows into lakes, rivers, and wetlands, it can negatively impact water quality. For additional information see the Stormwater and Urban Stormwater Runoff Facts.
The New York SPDES General Permit for Stormwater Discharges from Construction Activities requires that all development projects causing 1 acre of soil disturbance or more, or those in certain watersheds incorporate practices that reduce the impacts of stormwater from the site. Land disturbance would include any grading, land clearing, construction activities, or expansion of a current land use or creation of impervious surfaces that will result in stormwater runoff. Some stormwater discharge will likely occur from any of these activities.
A project may create stormwater that is discharged at a specific location such as a ditch, pipe, or channel (point sources). Or, a project may result in stormwater that comes from many diffuse sources (nonpoint sources). Answer this question regardless of whether the runoff comes from point or non-point sources. Include stormwater runoff from both construction and post construction phases.
Go to the Stormwater Interactive Map for more information related to the New York State Stormwater General Permit program. This interactive map will help you locate your project site in relation to stormwater related requirements and regulated areas such as regulated MS4 areas, and Watershed Improvement Strategy Areas.
Answering Question D.2.e.
If the project disturbs less than one acre of land then the project will not be required to meet the NYS Stormwater requirements, answer 'no' to this question, and move to D.2.f. If more than one acre of land is to be disturbed then NYS stormwater requirements will likely need to be met and check 'yes' to D.2.e.
i. Work with your design professional or engineer to calculate how much impervious surface is included in the proposed project. An important consideration is the percent of the total parcel converted to impervious surfaces. To determine that, calculate the size (in either square feet or acres) of impervious surface (roof, pavement, sidewalks, etc) in relation to the entire parcel size. For example, a 40,000 square foot building with 40,000 square foot parking area would create 80,000 square feet of impervious surface. If located on a five acre parcel, the project would result in about 40% impervious surfaces. That is 80,000 square feet, or about two acres of impervious surface over the full five acre parcel.
ii. and iii. Describe all point sources of runoff created by the proposed project and describe where all stormwater runoff will be directed. Identify if a treatment facility, groundwater, or surface water body will receive the stormwater, and if it will be contained on-site or conveyed off-site to another property. An example of a suitable statement here would be "stormwater discharges from small storms will be directed to green infrastructure practices that distribute the flow and infiltrate it into the ground. Larger storms are directed to on-site retention ponds that control the rate of runoff to pre-developed conditions."
If a surface water body (lake, stream, river or wetland) will receive stormwater, identify and name it and include the DEC waterbody classification of that waterbody. Identify if stormwater will flow off site to adjacent properties through ditches, swales, pipes, or sheet flow overland. Some projects direct stormwater runoff to a surface water body either directly or indirectly. If that surface water body extends beyond the project parcel boundary, consider this flowing to adjacent properties, and answer 'yes' to the D2e (iii) question about whether runoff will flow to adjacent properties. If stormwater will be conveyed to a combined sewage overflow (CSO), this should be identified, although the actual eventual receiving water need not be identified. Conveyance via municipal storm sewers to a stream or river, as well as discharges directly to a stream on or adjacent to the parcel should also be considered and receiving waters identified.
iv. If the proposed action includes use of pervious materials, low impact development (LID) methods, re-use of stormwater, or other methods to reduce stormwater impacts, check 'yes' to D.2.e.(iv). This part of the EAF is an opportunity for the project applicant to discuss ways they can maximize green infrastructure practices to minimize stormwater impacts.
LID employs principles such as preserving and recreating natural landscape features, minimizing effective imperviousness to create functional and appealing site drainage that treat stormwater as a resource rather than a waste product or methods such as bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements. Be sure to check local development regulations as some New York Communities require use of LID methods.
Although not included specifically in question D.2.e., information about the long term maintenance of stormwater management facilities that are proposed may be important. The reviewing agency will likely want to evaluate the long-term effectiveness of stormwater controls, and applicants should consider providing this.
Depending on the proposed project, it may also be appropriate for the reviewing agency to request additional information to characterize stormwater runoff in more detail. Estimated pre-development runoff volume, estimated post development runoff volume, and estimated on-site runoff stormwater detention volume are other data often included as part of a permit application. Data such as this are provided by an engineer and allow the reviewing agency to determine changes to stormwater resulting from a proposed project.
Other Useful Links
- NYS DEC's Stormwater page
- NYS DEC's Construction Stormwater Toolbox page
- New York Standards and Specifications for Erosion and Sediment Control
- New York State Stormwater Management Design Manual
- EPA's Low Impact Development
D2 f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel combustion, waste incineration, or other processes or operations?
If Yes, identify:
i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles)
ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers)
iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation)
Air pollution can harm human health, and damage all the elements of the ecosystem. Air pollutants originate from many human activities but most pollutants come from industries that manufacture chemicals and other goods, from on- and off-road vehicles and power equipment, and from energy facilities that burn oil, gas, or coal.
Among the many pollutants emitted into the air each year are sulfur dioxide, nitrogen dioxides, carbon monoxide, benzene, mercury, methane, and dioxin. Others include particulates (a mixture of very small particles and liquid droplets including nitrates and sulfates, organic chemicals, metals, and soil or dust particles), ground-level ozone, and lead.
An air emission consultant can provide the information in this and the following air-related questions. Applicants can also begin their research by visiting the DEC's Division of Air Resources (DAR) and reviewing regulations, permit requirements, and application forms.
Answering Questions D.2.f. through D.2.i.
If the proposed activity is one that generates or uses one or more sources of air emissions, requires a state or federal air emission registration or permit, generates or emits methane, or results in the release of air pollutants, answer 'yes' to questions D.2.f., g., h., and i. If no air emissions of any kind will occur, check 'no' to D.2.f., g., h. and i., and then move to Question D.2.j.
Answering Question D.2.f.
Answer 'yes' to this question if there are any air pollutants that will be generated or used in either construction or post-construction phases of the proposed project. Consider both minor and major sources of air emission including vehicles and equipment that use gas or diesel fuels.
If you answer yes, then:
i. List sources of mobile air pollutants such as from vehicles or non-permanent equipment.
ii. Stationary sources of air pollution can come from large facilities, such as petroleum refineries and chemical plants. Other stationary pollution sources are smaller such as gasoline filling stations, dry cleaning operations, and paint spray booths. See DEC's website on stationary sources for more information. List all sources of air emissions from stationary sources that may occur during construction.
iii. After construction, operations of the proposed activity can also generate or use air pollutants. Here, list all post-construction stationary sources of air emissions that may occur during operations.
D2 g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, or Federal Clean Air Act Title IV or Title V Permit?
i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ambient air quality standards for all or some parts of the year)
ii. In addition to emissions as calculated in the application, the project will generate:
• ___________Tons/year (short tons) of Carbon Dioxide (CO2)
• ___________Tons/year (short tons) of Nitrogen Dioxide (N02)
• ___________Tons/year (short tons) of Perfluorocarbons (PFCs)
• ___________Tons/year (short tons) of Sulfur Hexafluoride (SF6)
• ___________Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs)
• ___________Tons/year (short tons) of Hazardous Air Pollutants (HAPs)
The air permitting program is required by the Clean Air Act and under New York State law (6 NYCRR Part 201). The program is administered by DEC's Division of Air Resources (DAR). The two most common types of permits for air contamination sources are described in 6 NYCRR Part 201. These are:
- State Facility Permit for facilities that are not considered major but meet criteria of Part 201-5
- Title V Facilities that are judged to be major under the department's regulations that:
- are subject to New Source Performance Standards (NSPSs) or;
- are subject to one or more standards or requirements regulating hazardous air pollutants or;
- need to meet federal acid rain program requirements.
Non-major facilities that meet the criteria of Subpart 201-4 must register under the department's permitting program, rather than obtain a permit. Registrations are ministerial in nature and have no formal notice requirements. If a proposed action includes use or generation of air emissions, contact the Department of Air Resources and work with your engineer to calculate the specific amount of emissions planned during both construction and operation. Because there may be more significant impacts associated with projects that require air permitting, the reviewing agency may require additional information to assess potential impacts.
Also see thresholds and requirements for emission sources subject to regulation at Subpart 231-1.
If a project involves air permits as described above, it is strongly suggested that the sponsor seek assistance from a consultant experienced in the preparation of applications for air permits.
Answering Question D.2.g.
i. Federal law designates six air pollutants as criteria contaminants that require special measures to limit their presence in the nation's air. The six criteria contaminants are sulfur dioxide, nitrogen dioxide, ozone, carbon monoxide, particulate matter less than 2.5 microns (micrometers) in size, and lead.
The federal Environmental Protection Agency (US EPA) designates as nonattainment areas those parts of the country where the air exceeds the National Ambient Air Quality Standards (NAAQS) for one of the six criteria contaminants. DEC has developed State Implementation Plans (SIPs) to reduce air pollution in nonattainment areas. Listing of nonattainment areas can be found on the EPA website.
ii. Calculate the tons per year of each of the listed air pollutants. In order to determine impacts of proposed air emissions, the reviewing agency may require additional information. Data included on a DEC Air Permit Application including the number of emission points, facility description, plans for monitoring, specifics on emission points, and air quality compliance plans, including air pollution modeling, may be necessary for the reviewing agency to determine whether any potential adverse environmental impacts may occur.
D2 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, landfills, composting facilities)?
i. Estimate methane generation in tons/year (metric): __________
ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring):
The main source of methane comes from fossil fuel mining and distribution, livestock, landfills, and composting. Agricultural operations, such as Concentrated Animal Feed Operations (CAFO) are Type II actions and are exempt from SEQR. For actions that are not Type II, identify the amount of methane to be generated or emitted.
Answering Question D.2.h.
i. Calculate the tons per year of methane.
ii. Describe methods to control or eliminate methane emissions.
D2 i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as quarry or landfill operations?
Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust):
Open Air Operations
Open sources of air pollution are those that emit particulate or gaseous air pollutants directly to the atmosphere. Quarry's, landfills, and composting operations are examples of uses that emit air pollutant directly.
Answering Question D.2.i.
If the proposed project is an open-air operation, check 'yes" to D2i and describe the operation and nature of the emissions.
Useful Links for all air emission questions (D.2.f. - D.2.i.)
Section 200 General Provisions (link leaves DEC's website)
D2 j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial new demand for transportation facilities or services?
i. When is the peak traffic expected (Check all that apply):
?? Morning ?? Evening ?? Weekend ?? Randomly between hours of ________ to ________
ii. For commercial activities only, projected number of semi-trailer truck trips/day: ________
iii. Parking spaces: Existing ________ Proposed ________ Net increase/decrease ________
iv. Does the proposed action include any shared use parking?
v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe:
vi. Are public/private transportation service(s) or facilities available within ½ mile of the proposed site?
vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric or other alternative fueled vehicles?
viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing pedestrian or bicycle routes?
Understanding the demands new development places on a community's street and road network and transportation services is an important part of evaluating the overall impacts of that development. New development can generate or change traffic, or create a new demand for public transportation. For example, enough traffic may be generated by a new land use to create congestion, to change community character, or to require the community to invest in additional roads. Traffic congestion itself results in a number of problems, including economic costs due to delayed travel times, air pollution and accidents. As one roadway becomes congested, drivers might use others not necessarily intended or designed for through-traffic. Additionally, increased traffic levels resulting from a proposed project may also require parking lots or garages.
Answering Question D.2.j.
As a starting place, use the table below to determine if your project is likely to have significant increases in traffic. This table uses the number of new vehicle trips made during peak traffic hours (early morning and late afternoon) to help you determine if a substantial increase in traffic is likely to occur as a result of your proposed activity. This table assumes that a project generating fewer than 100 peak hour vehicle trips per day will not result in any significant increases in traffic.
- In the table below, match your project as closely as possible to the LAND USES identified in the table
- Look at column 2 (THRESHOLDS). If your proposed project is less than this number of units or square feet, then it will generate less than 100 peak hour trips. For some of the questions, a definition of gross floor area has been discussed in the DEC Handbook
- If your project is below the threshold shown in column two, your project will not result in a substantial increase to traffic and you should check 'no'
If your project is at or exceeds the threshold in column 2, then your project should be considered to result in a substantial increase in traffic and you should answer 'yes'. In this case, it is likely a traffic impact analysis will be needed to fully evaluate potential traffic impacts.
|> Greater than or = equal to 100 Peak Hour Trip Thresholds
|Single Family Home
|Mobile Home Park
|6,000 square feet (gross floor area)
|Fast Food Restaurant with Drive-in
|3,000 square feet (gross floor area)
|Gas Station with Convenience Store (Fueling Positions)
|7 fueling positions
|Bank with Drive-in
|3,000 square feet (gross floor area)
|67,000 square feet (gross floor area)
|31,000 square feet (gross floor area)
|Research and Development Facility
|73,000 square feet (gross floor area)
|180,000 square feet (gross floor area)
|149,000 square feet (gross floor area)
|Park-and-Ride Lot with Bus Service
|170 parking spaces
(From: Michael Spack, Nov. 3, 2010 "Review of ITE's New Recommended Practice - Transportation Impact Analysis for Site Development" and Institute of Transportation Engineers "Transportation Impact Analyses for Site Development", Washington DC, 2010.)
Even if the development does not generate the threshold level of trips presented in this workbook, a traffic analysis may still be necessary under the following conditions:
- High traffic volumes on surrounding roads may affect movement to and from the proposed development
- Lack of existing left turn lanes on the adjacent roadway at the proposed access drive may cause a problem.
- Inadequate sight distance at access points
- The proximity of the proposed access points to other existing drives or intersections may be a problem.
- A development that includes a drive-through operation may cause other traffic related issues.
Traffic Impact Analysis
In the event the applicant or reviewing agency decides a traffic impact analysis is needed to adequately answer this question,
the following information is generally included in such a study:
- Identification of peak hours and whether weekends will be used in the impact analysis
- Location of proposed Access points
- Description of road network and intersections adjacent to site and at access points
- Counts during peak-impact hours
- Trip generation rates used and the source of these rates
- Traffic generated during peak impact hours
- Method used to distribute traffic
- Table showing estimated traffic movements by direction
- Discussion of method used for traffic assignment and assumptions for assignment of traffic to network
- Identification of development in study area whose traffic is to be included in calculations
- Adjustments of off-site through traffic volumes
- Assembling of off-site traffic forecast for design year
- Assignment of peak-period traffic to intersections and access points
- Figures for existing peak impact traffic hours, site traffic and total traffic
- Recommended access design improvements
- Internal Reservoir at access points
- Parking layout and loading dock locations and access, including design truck used
- Other developments in area
If the answer to the initial D.2.j. question is yes:
i. Check the category that best describes when peak traffic will result from the proposed project. Understanding when peak traffic is expected for the proposed project is important and the reviewing agency will consider that in relation to existing traffic patterns and timing.
ii. Identify the number of semi-trailer truck trips per day. This should include trips made entering and exiting the project site.
iii. Identify the number of existing parking spaces that are potentially accessible to the project needs. There may be existing on-site parking spaces or others off-site, located either on the street or in other parking facilities. Keep in mind that some municipalities do not allow off-site parking spaces to be considered. Be sure you research local parking regulations to determine if counting street or off-site parking spaces is allowed.
Identify the number of new on-site parking spaces proposed and if allowed by the municipality, include proposed new off-site spaces. With that information, calculate the net increase or decrease in parking.
For example, if there are no existing parking spaces available and the proposed project will require 50, then there will be a 50 space net increase. If a site contains 100 spaces, and the proposed project plans to add 50 new spots and re-do 50 of the existing spaces, then the net increase will still be 50. A net decrease could occur when a project removes available parking spaces.
The reviewing agency will evaluate plans for parking, both on-site, and if appropriate, off-site. Parking lots can impact the environment by increasing stormwater runoff, changing the aesthetic character of an area, and introducing or expanding glare and lighting.
iv. Shared parking is when adjacent property owners share their parking lots to reduce the number of parking spaces that each would provide on their individual properties. Parking is one of the largest uses of land and often parking occupies more land area than the building itself. Often, sites with large parking lots are located next door to other sites with equally large lots. If adjacent sites serve different purposes, each parking lot may lie empty for long periods of time. When parking lots are somehow connected and shared, there is less space given over to parking. This reduces environmental impacts and creates opportunities for more compact development, more space for pedestrian circulation, or more open space and landscaping. Check 'yes' if shared parking lots are part of the proposed project.
v. Describe any modifications planned to existing roads, streets, and access patterns, or creation of new roads. Items to describe in this sub-question include widening, straightening, changes to grade, or other modifications of existing roads. Also describe the size, location, length, and type of new road proposed to be built, and changes to intersections, traffic signaling, access (ingress and egress) patterns to the parcel or that affects nearby parcels. Referencing site plans or other application materials that describe these changes in more detail or adding additional maps or sheets to describe these changes will help the reviewing agency understand the scope of road and access modifications.
vi. Public/private transportation services or facilities include bus, taxi, train, park-n-ride lots, parking lots, and subways. The ½ mile distance reflects the typical walking distance pedestrians would use. Also consider bike paths, sidewalks, and other multi-use pedestrian facilities in this question as they are part of a comprehensive transportation system. Placement of public and private transportation services or facilities outside that ½ mile distance means that pedestrians will be less likely to use those facilities. The ½ mile distances should consider routing and features that may block direct transportation routes such as railroad tracks, fencing, etc. Answer 'yes' if such facilities are available within ½ mile of the proposed site. If yes, the reviewing agency may seek additional information about what those facilities are, routing to the facilities, and how much capacity they have to accommodate new users. This information could be supplied in the permit application package.
vii. Similar to above question D.2.j.(vi), this question provides information to help the reviewing agency understand if the project includes built-in mitigation to potential impacts on traffic and energy. If there is access (preferably within ½ mile), to public transportation, then there is a potential to reduce traffic volumes, air pollutant emissions, the amount of land needed for parking, and energy use. Accommodation for hybrid, electric or other alternative fueled vehicles would encourage their use and could serve to reduce air pollutant emissions and energy uses. For example, some developments accommodate hybrid, electric or other alternative fueled vehicles by creating dedicated parking spots in choice locations for those vehicles.
viii. Check 'yes' if the project proposes to add to or link to existing pedestrian accommodations (sidewalks, paths, pedestrian benches and bus shelters), or bicycle routes and accommodations (trails, paths, sidewalks, bike lanes, and bicycle parking). Provision of these facilities can work towards improving health and reducing impacts on the environment by offering alternative transportation routes to the proposed site. This could reduce traffic volumes and air emissions. It may be helpful to provide a more detailed description or map of these facilities, if included in the proposal.
D2 k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand for energy?
i. Estimate annual electricity demand during operation of the proposed action:
ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other):
iii. Will the proposed action require a new, or an upgrade to, an existing substation?
This question provides information to help the reviewing agency determine if new demands for electrical energy will be required for the proposed project, and if so, where will that energy come from and how will that energy be supplied. In Part 2, the reviewing agency will evaluate whether current capacity is adequate, if additional facilities are needed, and potential impacts related to provision of new electrical facilities (substations, extensions of electrical lines, or power generation).
Answering Question D.2.k.
If the proposed project is a commercial or industrial project and will generate or create a demand for new energy, check 'yes'.
i. Work with your design professional or engineer to calculate the total annual electricity demand. This should include all interior and exterior energy needs such as lights, heating, and equipment, including office uses and appliances. Demand is calculated by multiplying the wattage consumed by each electrical use by the number of hours/day and by the total number of days it is to be used. As part of the description, include the square footage of the proposed building to be heated or cooled.
ii. There are many ways energy can be supplied. Some projects may provide their own energy generation through use of on-site combustion of fuel, solar, wind turbine, hydroelectric, geothermal, or use of the existing electrical grid. Identify and describe the anticipated source of electricity for the project. If accessory structures (buildings or wind towers, for example) are to be used, describe this also including the location and dimensions of that facility. Add that information on a site plan or other map.
iii. If electricity will be supplied through the grid or local utility, contact them about your electrical needs and identify and describe here if current capacity is adequate or upgrades will be necessary. Check 'yes' if a new facility or upgrade to an existing substation will be necessary. If the current capacity is adequate to accommodate the proposed project, check 'no'. If an upgrade is necessary, the reviewing agency may require additional information related to the size, location, and scale of the upgrade.
D2 l. Hours of operation. Answer all items which apply.
i. During Construction ii. During Operations:
• Monday - Friday: ________ • Monday - Friday: ________
• Saturday: _____________ • Saturday: ______________
• Sunday: ______________ • Sunday: _______________
• Holidays: ______________ • Holidays: ______________
Hours of Operation
The time of operation can be an important consideration as the reviewing agency determines the context of a proposed use. Projects that are likely to produce noise, odors, lighting, traffic or other adverse impacts during the night time may be more impacting than those that operate during regular business hours. Information from this question will help the reviewing agency understand the significance of certain impacts.
Answering Question D.2.l.
Identify all hours of operation both during construction and operation phases. Be sure to check local zoning to see if there are any restrictions related to hours of operation.
D2 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, operation, or both?
i. Provide details including sources, time of day and duration:
ii. Will proposed action remove existing natural barriers that could act as a noise barrier or screen?
"Noise is defined as any loud, discordant or disagreeable sound or sounds. More commonly, in an environmental context, noise is defined simply as unwanted sound. Certain activities inherently produce sound levels or sound characteristics that have the potential to create noise. The sound generated by proposed or existing facilities may become noise due to land use surrounding the facility. When lands adjoining an existing or proposed facility contain residential, commercial, institutional or recreational uses that are proximal to the facility, noise is likely to be a matter of concern to residents or users of adjacent lands."
Sources of noise can come from fixed or mobile equipment, process operations, or in the transportation of products, materials, or wastes. Noise generating equipment can include " a very wide range of equipment including: generators; pumps; compressors; crushers of plastics, stone or metal; grinders; screens; conveyers; storage bins; or electrical equipment. Mobile operations may include: drilling; haulage; pug mills; mobile treatment units; and service operations. Transport movements may include truck traffic within the operation, loading and unloading trucks and movement in and out of the facility. Any or all of these activities may be in operation at any one time. Singular or multiple effects of sound generation from these operations may constitute a potential source of noise."
Projects that do not involve construction or land use activities may not affect the ambient noise levels. (Ambient noise level is the total background noise in an area.) If physical disturbances to a property are part of the proposed project then it is possible that construction activities will, at least temporarily, result in noise levels that exceed ambient conditions. After construction, some projects will no longer affect ambient noise levels, while others may significantly alter those levels.
DEC has developed a guidance document on assessing and mitigating noise impacts. Applicants are encouraged to review this document when planning their project, and when answering this question.
Answering Question D.2.m.
To answer this question, applicants will need to determine the noise levels that will be produced from the proposed project as well as know what ambient noise levels are. If the project produces noise that does not change the ambient level, then check 'no' to this question and move on to D.2.n. However, if noises will be produced that exceed ambient levels, then check 'yes' to this question and answer sub-questions (i) and (ii) to provide additional detail.
i. Provide as much detail as possible about the source (what specifically is creating the noise), timing (day or night and the amount of time the noise will be produced), and duration of noises associated with the proposed project. Duration refers to whether the sound is intermittent or continuous. An example of a description would be "two 7,000 horsepower compressors will be operating 24 hours per day. The noise generated will not fluctuate and will be steady throughout all operating times."
The reviewing agency may require additional information about the noise sources and characteristics. Review the DEC guidance document for information on conducting a noise analysis. Applicants may need to calculate sound pressure levels, characterize sound frequency (or pitch) characterize duration of the noise (is it continuous or intermittent, for example), calculate the equivalent sound level, measure cumulative noise exposure, or calculate other measurements to describe the environmental setting and effects the project will have on noise levels.
ii. Natural barriers include trees and other vegetation, and hills. When grading or land clearing takes place, these natural barriers are often removed. Removal of hills, vegetation, or existing large structures can result in exposing neighbors to increased sound pressure levels, causing noise problems where none had previously existed. Describe any existing natural barrier that will be removed as part of the proposed project. Include grading, land clearing, and changes to topography and how that would likely affect sound levels. Describe other mitigation techniques or best management practices that are included in the project such as, but not limited to using mufflers, modifying or moving machinery, limiting hours of operation or construction, increasing setback distances, enclosing noise generating equipment, erecting screens, walls, tree-lines, or berms, or preserving natural barriers.
D2 n. Will the proposed action have outdoor lighting?
i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures:
ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen?
Outdoor lights have the potential to cause light pollution and glare. Light pollution is excessive and inappropriate artificial light. Problems associated with excessive or inappropriate outdoor lighting include sky glow (a brightening of the night sky over inhabited areas), light trespass (light falling where it is not intended, wanted, or needed), glare (excessive brightness which causes visual discomfort or decrease visibility) and clutter (bright, confusing, and excessive groupings of light sources). Adverse effects of light pollution include disruption of biological rhythms, impact on nocturnal wildlife, lowered visibility, and wasted money and energy. This question explores the outdoor lighting proposed. If no outdoor lighting is included in the proposed project, move to D2o.
If outdoor lighting is proposed, provide information about the source, location, height, direction and aim, and proximity to nearest occupied structure. Identify if the lights are to be building mounted, pole mounted, or ground mounted. Indicate if they are to provide general lighting or safety lighting. General lighting would be that typically found on buildings and in parking lots. Safety lighting may also be small, ground mounted lights along sidewalks. Mention if lights will be provided for signs, landscaping, security cameras, or flagpoles.
Answering Question D.2.n.
i. Specify the height of all fixtures. The direction and aim of lighting is an important consideration to plan for not only to understand the potential for adverse impacts, but for the most effective use of lighting. Fixtures that are shielded (see illustration) and that direct light down reduce glare and light trespass. Specify the distance between the planned lighting fixtures and the nearest occupied structure. An example statement for this question would be "20 pole lights using fully shielded box style lights, each 18 feet high, will be placed in the proposed parking lot every 20 feet. Shielded, building mounted lights will be placed on all four sides of the building every 10 feet. All sidewalks will have ground-mounted safety lights every five feet. Ground mounted lights directed upwards to a flag pole and on both sides of the sign will be provided. One ground mounted light will be directed to the company name on the front side of the building to illuminate the sign and front entrance. There is 100 feet to the nearest occupied structure."
The reviewing agency may require additional lighting information to fully determine potential impacts. Other information that may be needed include the type and wattage of the bulb, color of light, hours lights will be illuminated, and whether automatic timers will be used to control lights. Applicants should review local zoning or lighting regulations as many municipalities have specific standards for lighting. These may include restrictions on pole height, wattage, color and type of bulb, spacing, and hours of use. Some communities require lighting plans laid out on a grid. In some cases, lighting specialists may be needed to assist in creating a lighting plan.
ii. Vegetation, hills, and other natural topography can act as light barriers and screens. Describe if these features exist and if the proposed action will remove them due to land clearing and grading. An example statement would be "Grading and land clearing will remove 50 feet of trees and shrubs that are located between the project site and the nearest structure. A 5 foot buffer of trees and shrubs will be left at the property boundary to screen the structure and parking lot". The reviewing agency will evaluate, in Part 2, whether this screening is adequate to mitigate adverse affects from the lighting.
The Illuminating Engineering Society (IES) is in partnership with the US Department of Engineering and is the recognized technical authority on illumination, and communicates information on all aspects of good lighting practice to its members, the lighting community, and consumers. Visit the IES website for more information.
D2 o. Does the proposed action have the potential to produce odors for more than one hour per day?
If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures:
An odor is a chemical in the air that is "smelled" or sensed by our nose (olfactory system). Odor can be a significant environmental concern related to manufacturing, food processing, composting, landfills, and institutional or municipal facilities such as water and wastewater treatment plants.
Certain groups of chemicals that produce odors are potentially harmful and can cause health problems. Some of these harmful chemicals are regulated by the Department of Environmental Conservation (See Air Resources), New York State Department of Health, and the US Environmental Protection Agency under the Clean Air Act.
Odor can be controlled by chemical or mechanical methods, or a combination of both. Chemical applications, atomizing and liquid application systems, bioengineering programs, sheltering the activity or constructing containment structures equipped with appropriate air venting/filtering systems are all used as odor control methods.
Answering Question D.2.o.
Check 'yes' if the proposed action has the potential to produce odors for more than one hour per day and provide details as to the source, frequency, duration, and distance to nearest occupied structure. If no odors are to be produced, move to question D.2.p.
Chapter III (Air Resources)
D2 p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) or chemical products (185 gallons in above ground storage or any amount in underground storage)?
i. Product(s) to be stored __________________________________________________
ii. Volume(s) ________ per unit time ________ (e.g., month, year)
iii. Generally describe proposed storage facilities __________________________________________________
Petroleum and Chemical Storage
Improper handling and storage of petroleum and hazardous chemicals can result in leaks and spills and pose a serious threat to the quality of the environment in New York State. Petroleum, additives and a variety of industrial chemicals can impact groundwater supplies. Mismanagement of some substances may pose occupational hazards, present a fire or explosion risk or result in a release of odors or fumes with serious public health and environmental consequences to the neighboring community.
Tanks larger than 1,100 gallons (petroleum) or 550 gallons (chemical products) must meet minimum standards established by the United States Environmental Protection Agency (EPA) and the New York State Department of Environmental Conservation (DEC). New York's Hazardous Substances Bulk Storage Program (http://www.dec.ny.gov/chemical/2650.html) provides guidelines and controls for the storage of many different hazardous chemicals.
Answering Question D.2.p.
If the proposed project includes bulk storage of petroleum or chemical products that meet or exceed these sizes, check 'yes to this question. If no bulk storage is included or storage is less than 1,100 or 550 gallons, check 'no' and move to question D.2.q.
If yes, list all products to be stored, the volume of materials to be stored and the length of time it is planned to be stored, and describe the proposed storage facility. Describe the size of the storage facility, whether it is above ground or underground, any secondary containment, type of tank, and impermeable barriers to be installed.
D2 q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, insecticides) during construction or operation?
i. Describe proposed treatment(s): _________________________________________
ii. Will the proposed action use Integrated Pest Management Practices?
According to Part 325: Application of Pesticides, Pesticide means:
- Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans /or other animals, which the department shall declare to be a pest; and
- Any substance or mixture of substances intended as a plant regulator, defoliant or desiccant. And, Pesticide use means performance of the following pesticide-related activities: application; mixing; loading; transport, storage or handling after manufacturer's seal is broken; cleaning of pesticide application equipment; and any required preparation for container disposal.
Integrated pest management (IPM) is a systematic approach to managing pests that focuses on long-term prevention or suppression with minimal impact on human health, the environment, and non-target organisms. IPM incorporates all reasonable measures to prevent pest problems by properly identifying pests, monitoring population dynamics, and utilizing cultural, physical, biological, or chemical pest population control methods to reduce pests to acceptable levels. IPM seeks to reduce the amount of pesticides that are used and is not a single pest control method but, rather, a series of pest management evaluations, decisions and controls.
Answering Question D.2.q.
i. For commercial, industrial and recreational uses, if pesticides are planned to be used as part of construction or operation, check 'yes' and describe what and when the treatment will be. Include the type of pesticide to be used, its purpose, and the timing and frequency of application. Recreational uses include, but are not limited to, golf courses, ball parks, driving ranges, and similar uses.
ii. If IPM is to be included in pest management of the proposed project, check 'yes'. The reviewing agency may request additional information about the IPM plan as they work on Part 2.
D2 r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal of solid waste (excluding hazardous materials)?
i. Describe any solid waste(s) to be generated during construction or operation of the facility:
• Construction: ____________________ tons per ________________ (unit of time)
• Operation : ______________________ tons per ________________ (unit of time)
ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste:
• Construction: ______________________________
• Operation: ________________________________
iii. Proposed disposal methods/facilities for solid waste generated on-site:
• Construction: ______________________________
• Operation: ________________________________
Solid Wastes are managed in solid waste management facilities. There are many different kinds of solid waste management facilities in New York. They range from construction and demolition processing facilities to solid waste landfills.
All solid waste management facilities are regulated through 6NYCRR Part 360. The general operational requirements for all solid waste management facilities are contained in the Part 360 regulations, Subpart 360-1. Each DEC Region has staff that is responsible for permitting, facility inspection and assessment of facility compliance. You can contact them for information on solid waste management facilities.
This question provides information about whether solid waste will be generated or if there is a need for management of that waste. If so, the reviewing agency will need to know how much waste is anticipated to be generated, and what disposal methods or facilities will be used to deal with it. Applicants will want to determine if existing solid waste facilities to be used have enough capacity to handle the waste proposed to be generated. Reviewing agencies will evaluate whether there will be an increase in the rate of solid waste disposal or processing.
Answering Question D.2.r.
i. Include the weight of solid waste to be generated during construction and operation phases. Specify whether that amount of waste will be generated per day, per week, per month, or per year. Note what type of waste will be generated or managed. For example, construction debris, office wastes such as paper, or organic waste from food processing.
ii. Describe any on-site methods proposed to minimize or avoid disposal of solid wastes. For example, projects could include on-site composting, mandatory paper recycling, paperless offices, or using china and glassware instead of paper and plastic.
iii. Identify what disposal methods will be used to manage solid waste generated and name the solid waste management facility to be used. Landfills, composting facility, construction and debris processing facility, materials exchanges, salvage yards, sludge processing facility, waste combustion, recycling and recovery facility, waste tire facility, and transfer stations are all potential facilities that could be used.
D2 s. Does the proposed action include construction or modification of a solid waste management facility?
i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities):
ii. Anticipated rate of disposal/processing:
• ________ Tons/month, if transfer or other non-combustion/thermal treatment, or
• ________ Tons/hour, if combustion or thermal treatment
iii. If landfill, anticipated site life: ________ years
Answering Question D.2.s.
If the proposed action includes the construction or modification of a solid waste management facility, check 'yes'. If no new construction or modification of a solid waste facility is required, check 'no'.
i. Identify the type of waste management that is being proposed for the facility. Landfills, composting facility, construction and debris processing facility, materials exchanges, salvage yards, sludge processing facility, waste combustion, recycling and recovery facility, waste tire facility, and transfer stations are all potential solid waste management facilities that could be used.
ii. Specify the rate of disposal that is planned in tons/month for transfer or non-combustion facilities, or in tons/hour for combustion treatments.
iii. Calculate the number of years the landfill could be expected to operate before its full capacity is reached.
You can find more information on waste management on DEC's Chemical and Pollution Control/Waste Management page.
There are also many resources on the DEC website where you can find information about types and locations of active solid waste management sites in New York.
D2 t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous waste?
i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility:
ii. Generally describe processes or activities involving hazardous wastes or constituents:
iii. Specify amount to be handled or generated _____ tons/month
iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents:
v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility?
If Yes: provide name and location of facility: ___________________________
If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility:
Hazardous waste is a waste with properties that make it potentially dangerous or harmful to human health or the environment. There are many different kinds of hazardous wastes. Hazardous wastes can be liquids, solids, or contained gases. They can be the by-products of manufacturing processes, discarded used materials, or discarded unused commercial products such as cleaning fluids (solvents) or pesticides. If a site has been part of a remediation (clean-up) in the past, or presently, then there is a higher likelihood of significant adverse environmental impacts resulting from development of that site.
The New York State Department of Environmental Conservation Division of Environmental Remediation is in charge of all hazardous waste management programs, including remediation. Their web pages include definitions, regulations, databases, and other information about hazardous waste. Through Part 373 permits, the DEC ensures that environmentally protective design and operational standards are maintained at treatment, storage and disposal facilities (TSDFs). As a part of this permit program, DEC reviews permit applications and prepares permits for all facilities. A facility involved in the storage or treatment of hazardous waste receives an operating permit. See additional information on hazardous waste treatment, storage and disposal facilities (TSDFs).
Answering Question D.2.t.
If hazardous wastes are generated, treated, stored or disposed of as part of the proposed project, check 'yes' and provide additional information as requested. Check yes or otherwise indicate if the proposed action will result in the unearthing of previously buried hazardous wastes. In that case, the project may result in the release of contaminated leachate.
To confirm or find hazardous waste remediation information about your project site, you can do a search of the DEC's environmental site remediation database. This database contains records of the sites which have been remediated or are being managed under a remedial program (e.g., State Superfund, or Brownfield Cleanup). All sites listed on the "Registry of Inactive Hazardous Waste Disposal Sites in New York State" are included in this database. You can search this database by zip code or by exact address.
You can also get information by searching maps using the DEC Environmental Navigator (Environmental Facilities). Information about whether a site has already been remediated can be found from the Environmental Site Remedial Database Search Results page, by clicking on the "site code".
i. through v. Specify the information requested in sub-questions (i) through (v). These answers will provide details about the types of hazardous wastes to be generated, handled or used, what the activity or process is that involves those wastes, how much waste will be generated, if and where an existing offsite facility will be used, and any programs to minimize or reuse the wastes will take place.
All regulation links leave DEC website.
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