Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2.15
2.15 ZONI NGFort Miller Reining App to Planning Board-5/7/18 RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT THE FORT MILLER COMPANY, INC.'S PETITION FOR CHANGE OF ZONE APPLICATION TO QUEENSBURY PLANNING BOARD FOR RECOMMENDATION RESOLUTION NO. ,2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, on March 29, 2017, The Fort Miller Company, Inc. (Applicant) submitted a Petition for Change of Zone Application(Application) concerning a parcel of land identified as tax map parcel no.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury from MDR to RR-5 to permit sand and gravel extraction(Project) to the Queensbury Town Clerk's Office and the application was reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, by Resolution No.: 100, 2017, the Town Board authorized, directed and consented to the New York State Department of Environmental Conservation(DEC) as Lead Agency for SEQRA review relative to DEC's review of the Application, and WHEREAS, DEC performed such SEQRA Review, determined the Project to be a Type I Action and the Project would not have a significant effect on the environment, a coordinated review with other agencies was performed, a Negative Declaration dated January 29, 208 is on file with the Town and a copy is also presented at this meeting, and WHEREAS, the Applicant previously appeared before the Town Planning Board for Site Plan Review, but the Site Plan Review application was tabled once the Applicant chose to pursue a zoning change, and WHEREAS, applications for rezonings are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-12-030 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board will review the Application and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to forward The Fort Miller Company, Inc.'s Petition for Change of Zone Application concerning a parcel of land identified as tax map parcel no.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury from MDR to RR-5 to permit sand and gravel extraction to the Queensbury Planning Board for report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Director of Planning, Zoning and Code Compliance to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 7ffi day of May, 2018,by the following vote: AYES NOES ABSENT: RESOLUTION AUTHORIZING CONSENT TO NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BEING DESIGNATED AS LEAD AGENCY FOR SEQRA REVIEW OF PROPOSED REZONING APPLICATION OF THE FORT MILLER COMPANY, INC. RESOLUTION NO.: 100,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with the State Environmental Quality Review Act (SEQRA), the New York State Department of Environmental Conservation (DEC) has notified the Queensbury Town Board that DEC is seeking Lead Agency status for the purposes of fulfilling the SEQRA requirements relative to its review of the proposed rezoning application of The Fort Miller Company, Inc., concerning a parcel of land identified as tax map parcel no.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury to permit sand and gravel extraction (the "Project") as set forth in DEC's April 20, 2015 email to the Town of Queensbury Planning Department presented at this meeting, and WHEREAS, DEC has requested that the Town Board consent to DEC being designated as Lead Agency, and the Town Board has concluded that DEC is the most involved agency and should be Lead Agency for the purposes of SEQRA review relating to the Project, and WHEREAS,the Town Board wishes to therefore provide such consent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and consents to the New York State Department of Environmental Conservation as Lead Agency for SEQRA review relative to DEC's review of the proposed rezoning application of The Fort Miller Company, Inc., concerning a parcel of land identified as tax map parcel no.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury to permit sand and gravel extraction and authorizes and directs the Town Supervisor to execute any needed consent and/or other documentation and take any other necessary actions to effectuate the terms of this Resolution. Duly adopted this 3rd day of April, 2017, by the following vote: AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES : None ABSENT: None . Page 1 of 2 NEW YORK Department of STATE OF OPPORTUNITY Environmental Conservation ENB Region 5 Completed Applications 01/31/2018 Region 5 SEQR and Other Notices Region 5 SPDES Renewals Warren County Applicant: The Fort Miller Co Inc P 0 Box 98 Schuylerville, NY 12871 -0098 Facility: Dream Lake Sand and Gravel Dream Lake Rd Queensbury, NY Application ID: 5-5234-00037/00001 Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation Project is Located: Queensbury, Warren County Project Description: Applicant proposes a modification to an existing mining permit to allow the continued mining and processing of sand and gravel materials from lands contiguous to the existing operation owned by Fort Miller Co., Inc. The approximate area of the proposed muti-year phased modification/expansion is 57.4 acres, on additional lands immediately north of the existing mine totaling approximately 174 acres. The only envisioned substantive change to the mine operation will be the redirecting of the primary haul road from Dream Lake Road to Route 9L, through an existing adjoining mine site. Availability of Application Documents: Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person. State Environmental Quality Review (SEQR) Determination: Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file. 4/25/2018 Page 2 of 2 SEQR Lead Agency: NYS Department of Environmental Conservation State Historic Preservation Act (SHPA) Determination: A cultural resources survey has been completed. The report of the survey is on file. No archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required. Coastal Management: This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act. Opportunity for Public Comment: Comments on this project must be submitted in writing to the Contact Person no later than Mar 02, 2018. Contact: Kevin R Bliss NYSDEC Region 5 Warrensburg Sub-Office 232 Golf Course Rd Warrensburg, NY 12885 (518)623-1281 DEP.R5@dec.ny.gov Region 5 SEAR and Other Notices Region 5 SPDES Renewals 4/25/2018 4 Agency Use Only[If applicable] Full Environmental Assessment Form Project: Fort Miller Expansion 5-5234-00037/1 Part 2-Identification of Potential Project Impacts Date: January 29,2018 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on,or physical alteration of, NO ®YES the land surface of the proposed site. (See Part 1.D.1) If"Yes", answer questions a-j. If"No", move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may involve construction on land where depth to water table is E2d ® ❑ less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater. E2f ® ❑ c.The proposed action may involve construction on land where bedrock is exposed,or E2a ® 0 generally within 5 feet of existing ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ of natural material. e.The proposed action may involve construction that continues for more than one year Dle ❑ or in multiple phases. f.The proposed action may result in increased erosion,whether from physical D2e,D2q ® ❑ disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area. Bli ® ❑ h.Other impacts: ❑ 0 Page 1 of 10 2. Impact on Geological Features The proposed action may result in the modification or destruction of,or inhibit access to, any unique or unusual land forms on the site(e.g.,cliffs,dunes, ®NO ❑YES minerals, fossils,caves). (See Part 1.E.2.0 If"Yes", answer questions a-c. If"No", move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Identify the specific land form(s)attached: E2g ❑ 0 b.The proposed action may affect or is adjacent to a geological feature listed as a E3c 0 0 registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ®NO ❑YES bodies(e.g.,streams,rivers,ponds or lakes). (See Part 1. D.2, E.2.h) If"Yes", answer questions a-1. If"No", move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may create a new water body. D2b,Dlh 0 0 b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d 0 ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e 0 ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑ around any water body. k.The proposed action may require the construction of new,or expansion of existing, Dla,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1.Other impacts: 0 ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or ENO I1 YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d,D.2.p,D.2.q, D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may require new water supply wells,or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ 0 withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and Dla,D2c ❑ 0 sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ® ❑ e.The proposed action may result in the construction of water supply wells in locations D2c,Elf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 l ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ 0 feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts:No change in operation.though wash pond will continue and area is over or ❑ ❑ near aquifer. 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. NO ❑YES (See Part 1.E.2) If"Yes", answer questions a-g. If"No", move on to Section 6. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in development in a designated floodway. E2i ❑ ❑ b.The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c.The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ ❑ patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ❑ ❑ E2j,E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, El e ❑ ❑ or upgrade? Page 3 of 10 g.Other impacts: o ❑ 6. Impacts on Air The proposed action may include a state regulated air emission source. NO EYES (See Part 1. D.2.f., D,2,h,D.2.g) If"Yes", answer questions a-f. If"No", move on to Section 7. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ 0 ii. More than 3.5 tons/year of nitrous oxide(N20) D2g 0 0 iii.More than 1000 tons/year of carbon equivalent of perfluorocarbohs(PFCs) D2g 0 ° iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g v. More than 1000 tons/year of carbon dioxide equivalent of D2g ° ❑ hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions D2f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ 0 ton of refuse per hour. f.Other impacts: ❑ ❑ 1 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) ❑NO LJYES If"Yes", answer questions a-j. If"No", move on to Section 8. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may cause reduction in population or Toss of individuals of any E2o ® 0 threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by E2o 0 0 any rare,threatened or endangered species,as listed by New York State or the federal government. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p 0 0 species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction or degradation of any habitat used by E2p ® 0 any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 • e.The proposed action may diminish the capacity of a registered National Natural E3c ® 0 Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n 0 0 portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or E2m l 0 over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, E 1 b 0 grassland or any other regionally or locally important habitat. Habitat type&information source: Site is largely immature forest and brush. Will be converted to mine,then restored to meadow i.Proposed action(commercial, industrial or recreational projects,only)involves use of D2q 0 0 herbicides or pesticides. j.Other impacts:Operation will clear approx.51 ac of woods on property over many year period. ® 0 Will be concurrently reclaimed to grassland/meadow. 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a. and b.) IZNO EYES If"Yes", answer questions a-h. If"No", move on to Section 9. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b 0 ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural El b,E3a ❑ ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land El a,El b ❑ ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ 0 potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c 0 0 Protection Plan. h.Other impacts: 0 ❑ Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from,or are in ZNO DYES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.l.a,E.1.b,E.3.h.) If"Yes", answer questions a-g. If"No", go to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ❑ ❑ scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ❑ 0 screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h i.Seasonally(e.g.,screened by summer foliage,but visible during other seasons) 0 ❑ ii.Year round ❑ ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents,including travel to and from work ❑ ❑ ii.Recreational or tourism based activities Elc ❑ ❑ e.The proposed action may cause a diminishment of the public enjoyment and E3h 0 ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla,Ela, ❑ 0 project: Dlf,Dlg 0-1/2 mile %2-3 mile 3-5 mile 5+ mile g.Other impacts: 0 0 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ONO DYES resource. (Part 1.E.3.e, f.and g.) If"Yes", answer questions a-e. If"No", go to Section 11. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e 0 0 to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f 0 ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑ to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 • • d.Other impacts: ❑ ❑ If any of the above(a-d)are answered"Moderate to large impact may e. occur",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part E3e,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a nNO AYES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c,E.1.c.,E.2.q.) If"Yes", answer questions a-e. If"No", go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb m 0 services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. E2m,E2o, E2n,E2p b.The proposed action may result in the loss of a current or future recreational resource. C2a,El c, m 0 C2c,E2q c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c m 0 with few such resources. E1 c,E2q d.The proposed action may result in loss of an area now used informally by the C2c,Elc m ❑ community as an open space resource. e. Other impacts: Open area,currently not publicly accessible will be converted to mine. ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical Q NO n YES environmental area(CEA). (See Part 1.E.3.d) If"Yes", answer questions a-c. If"No", go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c.Other impacts: ❑ 0 Page 7 of 10 • 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. ENO RYES (See Part 1. D.2.j) If"Yes", answer questions a-f. If"No", go to Section 14. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j ® ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j l 0 more vehicles. c.The proposed action will degrade existing transit access. D2j ® 0 d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ® ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ® El f. Other impacts:Current access road will be shifted to different highway,the thought being this is ❑ 0 an improvement. 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ©NO EYES (See Part 1.D.2.k) If"Yes", answer questions a-e. If"No", go to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action will require a new,or an upgrade to an existing,substation. D2k 0 ❑ b.The proposed action will require the creation or extension of an energy transmission Dlf, 0 ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ 0 d.The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ 0 feet of building area when completed. e.Other Impacts: 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise,odors,or outdoor lighting. NO EYES (See Part 1. D.2.m.,n.,and o.) If"Yes", answer questions a-f. If"No", go to Section 16. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. c.The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 t R • d.The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ❑ ❑ area conditions. f.Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure ©NO ❑YES to new or existing sources of contaminants. (See Part 1.D.2.q.,E.1. d. f.g. and h.) If"Yes", answer questions a-m. If"No", go to Section 17. Relevant No,or Moderate Part I small to large • Question(s) impact impact may may cccur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld 0 0 care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh 0 ❑ property(e.g.,easement or deed restriction). e.The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t 0 0 generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf 0 ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf 0 ❑ i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ 0 a site used for the disposal of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ 0 site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the D2s,Elf, ❑ ❑ project site. D2r m.Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ZNO El YES (See Part 1.C.1,C.2.and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla ❑ ❑ contrast to,current surrounding land use pattern(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 0 ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ❑ ❑ plans. e.The proposed action may cause a change in the density of development that is not C3,Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld,D1f, D1d,Elb f.The proposed action is located in an area characterized by low density development C4,D2c,D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ commercial development not included in the proposed action) h.Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. QNO EYES (See Part 1.C.2,C.3,D.2,E.3) If"Yes", answer questions a-g. If"No",proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas E3e,E3f,E3g 0 0 of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ❑ ❑ schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf ❑ ❑ there is a shortage of such housing. Dig,Ela d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 0 ❑ or designated public resources. e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑ ❑ Ela,Elb E2g,E2h g.Other impacts: 0 ❑ PRINT FULL FORM Page 10 of 10 r • t Agency Use Only (1fApplicable) Project: Fort Miller Co.Expansion 5-5234-00037/1 Date: January 29,2018 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts • and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not • have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. • Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. ' • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. _ • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. Question 1(d)and(e):Impact on Land The proposed action may(will)involved the excavation and removal of more than 1,000 tons of natural material; and the proposed action may(will)involve construction that continues for more than one year or in multiple phases. Though these thresholds are met,the site is a mine,and as such must exceed these thresholds to be jurisdictional to the NYSDEC. However,the mine is a continuation of an existing mine, with no intended expansion in the rate of operation. Thus extending the"construction"with phases over multiple years allows this impact to be mitigated by consistent operation. The impact is not considered a significant adverse impact,despite meeting the threshold for being large. • • • No other Part 2 questions met the threshold response of Moderate to large impact. Other Impacts occasionally associated with mines are not thought to cause significant adverse impact at this site because of two primary reasons: (1)This is not a new mine,but rather the continuation of an existing operation at the same rate through the 57.4-acre enlargement of the life of mine boundary via the addition of a 73.9-acre and a 100.0-acre adjoining parcel. (2)Project design avoided natural resources of concern and lessened current traffic concerns by redirecting the existing access/egress road from Dream Lake Road through the neighboring(Kubricky)mine,where it will be further from residences,and to a more major highway,that being Route 9L.Site reviews including archaeological and natural heritage have revealed no concerns. • • • Determination of Significance-Type 1 and Unlisted Actions SEQR Status: ©Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ©Part 1 121 Part 2 ©Part 3 • Upon review of the information recorded on this EAF,as noted,plus this additional support information includino.(11. Site visits with other Involved agency staff.e,a.APA.Corns of Engineers:(21.Responses to Inqulriee. y the NYS Nalural Heritage Program, and Office of Parks Recreation and Historic Preservation;(3). NYSDEC Mine Permit Renewal and Modification with accompanying Plans and Appendices (4).Existing permit and permitted operation, and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the New York State Department of Environmental Conservation as lead agency that: © A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: • There will,therefore,be no significant adverse impacts from the project as conditioned,arid,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.d). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: The Fort Miller Co.,Inc.Fort Miller Aggregates mine expansion Name of Lead Agency: New York State Department of Environmental Conservation Name of Responsible Officer in Lead Agency: Kevin R.Bliss Title of Responsible Officer: Deputy Regional Permit Administrator • Signature of Responsible Officer in Lead Agency: O ./ Date: January 29,2018 Signature of Preparer(if different from Responsible Officer) Date: For.Further Information: • • • Contact Person: Kevin R.Bliss Address: 230 Golf Course Road,Warrensburg,NY 12885 Telephone Number:518 623-1286 E-mail:kevin.bllss@dec.ny.gov For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dcc.ny.gov/cnb/enb.html PRINT FULL FORM Page 2 of 2