Question E 3 - Designated Public Resources On Or Near Project Site - Full EAF (Part 1)

Full Environmental Assessment Form (FEAF) Workbook

Agricultural Districts

SEQR includes evaluation of potential impacts on agriculture, especially those lands included in a New York State Agricultural District. Agricultural Districts are established per Article 25-AA of the Agriculture and Markets Law. The process to designate these districts includes landowner initiative, preliminary county review, adoption by the county, and state certification. Agricultural Districts have been established in most counties of the State and should not be confused with local agricultural zones, which are established through local zoning laws, and are not the subject of this question.

The purpose of agricultural districting is to support the continued use of farmland for agricultural production. The Agricultural Districts Law includes a combination of landowner incentives and protections, all of which are designed to forestall the conversion of farmland to non-agricultural uses. Included in these benefits are: preferential real property tax treatment (agricultural assessment and special benefit assessment), protections against overly restrictive local laws, government funded acquisition on construction projects, and private nuisance suits involving sound agricultural practices.

The Agricultural Districts Law also establishes a land classification system used to assign agricultural assessment values to qualified properties, creates a process for review of agricultural practices, discourages private nuisance lawsuits, provides advisory opinions on agricultural uses, and requires disclosure to prospective buyers or grantees of real property that is in an agricultural district.

Answering Question E.3.a.

If there are no NYS Agricultural Districts located on the proposed project site, move on to question E.3.b.

Additional information about agricultural districts can be found in local or county-level agriculture and farmland protection plans, on County websites, or at the NYS Department of Agriculture and Markets, Agricultural Districts website. Keep in mind that NY Agricultural Districts can and do change over time. Lands can be added to each district on an annual basis. Lands can be removed from each district every eight years. It is recommended that applicants check with each County contact shown to confirm the status of the agricultural districts.

Each district is identified by a number. Identify the county and Agricultural District number in the space provided on the form.

Agricultural Lands and Highly Productive Soils

For the purposes of a SEQR review, it is suggested that agricultural lands be considered lands that currently have, or have had within the past 5 years, active agricultural activity on them. Land considered to be agricultural lands include, but are not limited to, those described in Agriculture & Markets Law 25-AA, § 301.2, 301.3, 301.13, 301.14, 301.15, and other sections, such as: livestock, woodlands, orchards, vineyards, tree nurseries, equine operations, apiaries, etc.

Highly productive soils are those that are best suited to producing food, feed, forage, fiber, and oilseed crops. In short, they are the best soils for high yields with minimum expense and the least damage to the environment. The US Department of Agriculture has defined several categories of highly productive soils. These include prime farmland, farmland of statewide importance, and unique soils. Some counties have also designated certain soils as those of local importance. Additionally, the NY Department of Agriculture and Markets has created an agricultural land classification system based on soils used in the agricultural assessment program.

Highly productive soils can be defined as those that are identified in a county soil survey as being prime farmlands, farmlands of statewide importance. Also, soil groups identified by the NY Department of Agriculture and Markets as Mineral Soil Groups 1 to 4 are considered to be highly productive soils and can be found on the NYS Agriculture and Markets annual updated master list of agricultural soils.

Answering Question E.3.b.

If no part of the parcel has land currently used or recently used in agriculture (crops, pastures, and woodlands), then move on to question E.3c.

If agriculture is or has recently taken place, use the county soil survey and the State's annually updated "agricultural soils" page to identify highly productive soils in the area.

Note: The terms "Soils of Statewide Importance", "Farmland of Statewide Importance", "Soils of Statewide Significance", and "Farmland of Statewide Significance" are used at various times by different agencies, and sometimes by the same agency in different publications. All four of these terms should be recognized to mean the same thing.

Soil survey information is available at the local County Soil and Water Conservation District (SWCD) office. If the applicant is familiar with soils information, another source to identify and calculate the acreage of highly productive soils is to use the Web Soil Survey (WSS), an online tool operated by the USDA Natural Resources Conservation Service (NRCS). Instruction on website navigation are found below. These soil surveys list and describe the various soil types (soil map units) found throughout the county, along with their characteristics, and a map showing their location. Soil maps are usually overlaid on an aerial photo, helping the applicant find their specific project site location. It is likely that the Soil and Water Conservation District can print out a soil map of the project site and assist in identifying highly productive soils. Identify all soils that are prime farmland, or farmland of statewide Importance or identified as being in mineral soil groups 1 - 4. On the specific Counties most recent New York Agricultural Land Classification page, choose all those mineral soil groups identified as being in 1 to 4 in the column titled "Soil Group".

Check local sources as well because many comprehensive plans, local or county agriculture and farmland protection plans, or open space plans also have information about highly productive soils and agriculture. These could be valuable sources of information for this question.

If any of highly productive soil types exist on the project site, map them on the site plan or other application materials. Once mapped, the acreage of that area can be calculated and evaluated in relation to the proposed project.

Web Soil Survey

Another source to identify and calculate the acreage of highly productive soils is to use the Web Soil Survey (WSS), an online tool operated by the USDA Natural Resources Conservation Service (NRCS). This site will not have the county specific NYS Agricultural Land Classification information, which can only be found on the NYS Department of Agriculture and Markets website. The Web Soil Survey provides digital versions of all soil survey data and allows the user to specify a specific Area of Interest (AOI), producing a customized summary report of the soils just within that AOI. Information on how to use the Web Soil Survey, including a link to a Getting Started document, is available on the Web Soil Survey home page.

Begin using the Web Soil Survey by clicking the "Start WSS" button on the home page. This will open the map interface. Zoom and pan in to the general location of your project site using the tools along the top edge of the map. When you are at an appropriate scale, you can then use one of the "Define AOI" tools to draw a shape directly on the map that closely matches you project area or tax parcel. Once the AOI is created, clicking on the "Soil Data Explorer" tab will open another set of tabs, which will allow you to access many specific reports that describe detailed attributes of the soils found within the AOI. You can use this information to answer most of the soils related question in the FEAF.

Note: There are portions of Franklin, Lewis and Herkimer County where soil survey information is not available.

After defining an AOI, click on the "Soil Data Explorer" tab, and then the "Suitabilities and limitations for use" tab on the second row. Click on the "Land Classifications" row to expand it, and then the "Farmland Classification: row under that. Run the report by clicking the "View Rating" button.

The report will show the various soil types within the AOI that are classified as Prime Farmland or Farmland of Statewide Importance, and the total acreage for each. To identify soil types on the project parcel, click on the main "Soil Map" tab which will create a map and legend with a list of soils types and percentages within the AOI.

i. acreage(s) on project site?

Calculate the total acreage of highly productive soils located on the project site. If using the Web Soil Survey, simply add up the areas for all of the soils classified as Prime Farmland and Farmland of Statewide Importance, or those in mineral soil groups 1-4.

ii. Source(s) of soil rating(s):

Identify whether the source of soil ratings is from the county soil survey, Web Soil Survey, NYS Agriculture and Markets Agricultural Land Classifications, DEC website, or another information site.

National Natural Landmarks

The National Natural Landmarks (NNL) Program recognizes and encourages the conservation of sites that contain outstanding biological and geological resources, regardless of landownership type. It is the only natural areas program of national scope that recognizes the best examples of biological and geological features in both public and private ownership. Participation in the program is voluntary. National Natural Landmarks are selected for their outstanding condition, illustrative value, rarity, diversity, and value to science and education. Sites are designated by the Secretary of the Interior, with landowner concurrence. To-date, nearly 600 landmarks have been designated as NNLs. The National Park Service administers the program. You can learn more about the National Natural Landmarks Program by visiting their website.

Answering Question E.3.c.

If no national natural landmark is in or within 500' of the project site, the EAF Mapper will check 'no'. If the applicant or project sponsor believes the answer filled out by the EAF Mapper is incorrect, supplemental information should be provided that explains that discrepancy.
If the EAF Mapper is not used to fill out any portions of Part 1, the applicant can identify the 27 NNL sites located in New York State by visiting the National Natural Landmark Sites page for NYS. Clicking on the map, or using the drop-down list above the map will lead you to a page that describes each NNL.

Critical Environmental Areas

Critical Environmental Areas (CEA's) are specific locations in a town, village, city, county, or the State that have this special designation because they have one or more of the following unique characteristics:

• Are a benefit or threat to human health
• Have an important or unique natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality)
• Hold important agricultural, social, cultural, historic, archaeological, recreational, or educational values; or
• Have an inherent ecological, geological or hydrological sensitivity that may be adversely affected by any change

Local governments can identify and designate specific areas within their boundaries as CEA's according to 617.14 (g) (link leaves DEC website.) State agencies may also designate geographic areas they own, manage, or regulate. Once an area is designated as a CEA, the reviewing agency must consider the potential impact of any Type I or Unlisted Action on the environmental characteristics of that CEA as part of the determination of significance.

Answering Question E.3.d.

An example of a Critical Environmental Area is from Warren County. The Town of Queensbury has designated a CEA for the Glen Lake and Surrounding Area to recognize the significance of the lake and surrounding ponds and wetlands.

The answer to this question will be automatically inserted on the pdf generated by the EAF Mapper and a report generated. This resource is buffered, so if the project site falls within the boundaries of a CEA or is very close to it, the EAF Mapper will check "yes" on the FEAF Part I pdf and fill in the CEA name, the designating agency, date of listing, and the CEA's purpose.

A "yes' answer should be followed up with a check of the DEC CEA webpage to identify the CEA, its boundaries and its true proximity to the listed CEA property. If there is no CEA located within the project boundaries, the EAF Mapper will check "no" on the form. If the applicant or project sponsor believes the answer filled out by the EAF Mapper is incorrect, supplemental information should be provided that explains that discrepancy.

CEAs are often a work in progress, so it is advisable to check with your local government to see if any CEAs are being developed or proposed.

Registers of Historic Places

The National Park Service's National Register of Historic Places is a national program designed to identify, evaluate, and protect America's historic and archeological resources. The National Register is the official Federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture. Listing in the National Register of Historic Places provides formal recognition of a property's historical, architectural, or archeological significance based on national standards used by every state.

The State Register of Historic Places is the official list of districts, sites, buildings, structures, and objects, significant in the history, architecture, archeology, engineering, and culture of New York. The same eligibility criteria are used for both the State and National Registers. The State Historic Preservation Office (SHPO) helps communities identify, evaluate, preserve, and revitalize these resources. The State register website may have more up-to-date information than the National register site, but both may be useful to provide information for this question.

Historic properties include buildings, prehistoric and historic archeological sites, structures, objects, historic districts, and landscapes. Paraphrasing from the New York State Historic Preservation Plan - 2021 - 2026 (PDF) (leaves DEC's website):

• Buildings are structures built to protect any form of human activity, and include houses, schools, barns, churches, hotels, and similar constructions.
• Structures are distinguished from buildings in that they are usually built for purposes other than creating human shelter. Some examples are bridges, tunnels, fire towers, dams, power plants, earthworks, railroad grades, systems of roadways and paths, boats and ships, railroad locomotives and similar things.
• Sites are locations of significant events, prehistoric or historic occupations or activities, or a buildings or structures, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. Sites are such things as habitation or funerary sites, rock shelters, hunting and fishing sites, ceremonial grounds, battlefields, ruins of historic buildings and structures, shipwrecks, cemeteries, designed landscapes and natural features.
• Objects are distinguished from buildings and structures as those constructions that are primarily artistic in nature or are relatively small in scale as well as simply constructed such as sculptures, monuments, boundary markers, statuary, and fountains.
• Districts possess a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. Districts include things such as college campuses, downtown business districts, residential areas, industrial complexes, large farms or estates, transportation networks, and large landscaped parks.

Answering Question E.3.e.

If no State or National historic resource is identified within the project site, the EAF Mapper will check 'no'. If the applicant or project sponsor believes the answer filled out by the EAF Mapper is incorrect, supplemental information should be provided that explains that discrepancy.

When the EAF Mapper is used to fill out any portions of Part 1, the applicant should use that first before filling out any other portions of the EAF.

To learn more about a historic resource, check the National Register Information System (NRIS). You can search by state, county, or city. The NRIS is arranged by the historic name of the property. If you know the address of the property, but not the historic name, you will have to look at each listing in the county or city.

To find out if a property is listed, or has been determined eligible for listing, on the State Register, use the OPRHP Cultural Resource Information System (CRIS)

In addition to these online sources, the local municipality's historian, clerk, or other planning committee may have recent information on historic resources, particularly those that have been nominated for listing, or are in the process of being listed.

If the project site contains, or is it substantially contiguous to, one of the resources mentioned in the question, check 'yes' and supply the information requested in the sub-questions. If no such resources exist, move on to question E.3.f.

You may also want to find out if the local municipality is involved in designating historic properties or identifying properties for possible designation. For example, New York City's Landmark Preservation Commission is actively involved in these activities. For New York City, you can use the Landmark Maps page (NYCityMap) to identify designated properties. Other municipalities may have similar programs.

Archeological resources

In addition to our rich European-American built history, NYS also has a 12,000 year history of Native American activity. These archeological resources are usually not as evident as more recent structures and sites, but they are important resources to preserve, and they are very susceptible to development as they usually lie less than a foot or so below the surface of the ground.

Answering Question E.3.f.

If the applicant or project sponsor believes the answer filled out by the EAF Mapper is incorrect, supplemental information should be provided that explains that discrepancy.

If the EAF Mapper is not used to answer this question, the CRIS Online Tool can be used to identify areas within NYS that contain archeologically sensitive features. A project sponsor may also wish to contact OPRHP directly.

Additional Historic and Archaeological Resources

The National and State Registers of Historic Places will only include those resources that have gone through an official nominating process. Not all information on historic and archaeological resources has been provided to the State Office of Parks, Recreation and Historic Preservation. In addition to these "official" designations, local municipalities may have identified important places in their comprehensive plans, open space plans, or done an informal inventory of historic resources. The municipality may also have historic archives that contain lists of historically important places. In addition to the online sources mentioned in Questions E.3.e. and f., the local municipality's historian, or historic preservation commission may have information on unlisted historic resources.

Answering Question E.3.g.

If there are additional historic or archaeological resources on the project site that are included in any of these additional sources, but are not included in any of the official registers of historic places, describe the resource, and the basis for its identification (by whom and why it was identified).

Scenic Resources

This question asks for information on those scenic and aesthetic resources that are officially designated and publicly accessible. Officially designated scenic areas include scenic byways, scenic roads, scenic areas of statewide significance, scenic trails, and scenic rivers. Other areas may also be designated at the state level for scenic and aesthetic reasons. Some local municipalities have conducted their own scenic inventory and have designated those areas in county or local plans. Others have designated critical environmental areas for aesthetic reasons. Publicly accessible aesthetic or scenic resources are those that can be viewed from public lands or on public roads.

Answering Question E.3.h.

To answer this question, applicants examine the following to determine if there are any officially designated aesthetic and scenic resources on or near the project site. A visual assessment may be required by the reviewing agency to be conducted to evaluate whether the project site is visible from any publicly accessible location (public lands and public roads).

Scenic Byways

In New York State, there are several types of corridors that fall under the Scenic Byways Program. These include transportation corridors that are of particular statewide interest; some corridors that were automatically designated as Scenic Byways; National Scenic Byways; Parkways; and North Country Touring Routes.

National Scenic Byways (Lakes to Locks Passage, All American Road, Mohawk Towpath Byway, National Scenic Byway, Great Lakes Seaway Trail, National Scenic Byway) are transportation corridors of particular nationwide interest. National Scenic Byways are designated by the United States Department of Transportation's Federal Highway Administration.

The following links will aid you in identifying Scenic Byways that may be affected by your proposed project:

• Current and Proposed New York State Scenic Byways
• New York State Designated Scenic Roads (NYS Highway Law, Article 12-C, Section 349-dd)
• New York State Parkways (State parkways as listed in the regulations of the Commissioner of OPRHP)

Scenic Areas of Statewide Significance

New York State has also designated several areas as part of the Scenic Areas of Statewide Significance (SASS). SASS designation protects scenic landscapes through review of projects requiring State or federal actions, including direct actions, permits, or funding. The first application of the State's scenic assessment program was in the Hudson River Valley coastal region, where six areas in Columbia, Greene, Dutchess and Ulster counties were designated in 1993 as Scenic Areas of Statewide Significance. In 2010, nine areas totaling more than 25,000 acres on Long Island's East End within the Town and Village of East Hampton were designated as SASSs. The areas in both the Hudson Valley and East End encompass unique, highly scenic landscapes accessible to the public and recognized for their outstanding quality. These designated areas are considered an important indicator of scenic quality and are to be included as a component of the environmental review.

Scenic Rivers

The Wild, Scenic and Recreational Rivers Act (Article 15 of the Environmental Conservation Law) is intended to protect and preserve, in a free-flowing state, those rivers of the state which possess outstanding natural, scenic, historical, ecological and recreational values important to present and future generations. Rivers meeting the Act's criteria may be designated by the State Legislature for inclusion in the program. They are placed within the wild, scenic or recreational categories based upon current land use patterns. A list of rivers designated as scenic can be found on the DEC Wild, Scenic and Recreational Rivers webpage.

National Scenic Trails

National scenic trails are extended trails that closely follow a historic trail or route of travel of national significance. Designation identifies and protects historic routes, historic remnants, and artifacts for public use and enjoyment. The Appalachian Trail that runs for 88 miles through the southern part of NYS is the most well known National Scenic Trail. The North Country National Scenic Trail is the longest National Scenic Trail, stretching 4,600 miles from New York to North Dakota.

State Forest Lands

Some state-owned lands have been classified as part of the State Land Classification System as having scenic and aesthetic characteristics to be preserved.

Local Aesthetic and Scenic Resources and Inventories

Many local communities have done scenic resource inventories as part of a comprehensive or strategic planning process. Applicants should review local documents such as comprehensive plans, open space plans, scenic plans, zoning and other land use regulations, and locally designated critical environmental areas (CEA's).

Some municipalities have also adopted scenic overlay districts that officially designate areas considered to be important local scenic or aesthetic resources. For example, Tompkins County Scenic Inventory has conducted a county-wide inventory. Other local or state laws can include scenic resources such as the Long Island Pine Barrens Protection Act (Environmental Conservation Law Article 57) that includes scenic resources in the class of resources to be considered during preparation of the Central Pine Barrens Plan.

Other communities have established Critical Environmental Areas to identify and protect areas having unique character important to the community. In some cases, county and regional planning agencies may also be of assistance to individual municipalities.

Some state or local parks may also be designated for scenic purposes.

If the project site can be viewed from an officially designated and publicly accessible aesthetic or scenic resource, then check 'yes' and answer the sub-questions. If no such resources exist, move on to question E.3.i.

i. Identify resource:

Use the links and information provided above to identify scenic or aesthetic resources. Include the type and name of the resource. For example, "Black River Trail Scenic Byway."

ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.):

Once identified, describe the aesthetic or scenic resource. This should briefly describe the primary reason why that resource was designated and by whom. Applicants should read about the designated resource in order to understand and then summarize the nature of it here.

iii. Distance between project and resource:

Once the designated resource has been identified, applicants should determine how far the project site is from that resource. Calculate the distance between the publicly accessible location(s) of that designated resource and the project site. If the site is visible and it is possible that there may be adverse impacts to the designated aesthetic or scenic resource, then the reviewing agency may require additional information about the project such as the proposed massing and color of buildings, elevation, and context of the surrounding environment. A viewshed analysis may also be required to provide additional information. If there is a need for visual assessment, applicants should follow the existing DEC Program Policy DEP-00-2 "Assessing and Mitigating Visual and Aesthetic Impacts" for methodology and guidance. This policy has been developed for DEC staff but it is also recognized as an acceptable method for conducting visual assessment.

Wild, Scenic, and Recreational Rivers

The Wild, Scenic, and Recreational Rivers Act (Article 15 of the Environmental Conservation Law) is intended to protect and preserve, in a free-flowing state, those rivers of the state which possess outstanding natural, scenic, historical, ecological and recreational values important to present and future generations. Rivers meeting the Act's criteria may be designated by the State Legislature for inclusion in the program. They are placed within the wild, scenic or recreational categories based upon current land use patterns. A river corridor is defined in 6 NYCRR 666 (link leaves DEC's website) as "the river and the land area in its immediate environs bounded as established by the Commissioner pursuant to section 15-2711 of the Act. Upon designation and until boundaries are established by the Commissioner, the river area shall be that area within one half mile of each bank of the river." Different buffers are established depending on whether the river is designated as wild, scenic or recreational and whether the use is residential or non-residential

Answering Question E.3.i.

If the applicant or project sponsor believes the answer filled out by the EAF Mapper is incorrect, supplemental information should be provided to the reviewing agency that explains that discrepancy.

If the EAF Mapper is not used to answer this questions, the applicant can still evaluate the Wild, Scenic and Recreational Rivers program in order to address the questions asked in the EAF.

Review the list of designated wild, scenic and recreational rivers. If the proposed action is within the river area or the buffer areas as established by DEC then this question should be answered 'yes'. If it is not in a designated river area, then check 'no' and move onto Part 1, Section F.

For additional information, applicants may want to contact the regional DEC office or the Adirondack Park Agency.

i. Identify the name of the river and its designation:

Include the name of the river and identify if the river segment is designated as a wild, scenic or recreational river.

ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666?

Review 6NYCRR Part 666 (link leaves DEC's website) along with other DEC websites listed above to determine if the proposed project is consistent with requirements. Briefly describe how the proposed project is, or is not, consistent with these requirements. For example, a statement here could be "the site includes a river corridor designated as recreational. All structures and land disturbances will be 200' from the river bank and therefore, the activity is consistent with 6NYCRR Part 666 requirements."

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