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377.2015 Issuing SEQRA Negative Declaration - CEA - Floyd Bennett Airport - Certified RESOLUTION ISSUING A SEQRA NEGATIVE DECLARATION AND APPROVING DESIGNATION OF MARL FENS AND ADJOINING LANDS AT FLOYD BENNETT MEMORIAL AIRPORT AS CRITICAL ENVIRONMENTAL AREAS PURSUANT TO §617.14(g) OF RULES AND REGULATIONS OF DEPARTMENT OF ENVIRONMENTAL CONSERVATION RESOLUTION NO.: 377,2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board is authorized to designate specific geographic areas within the Town of Queensbury as Critical Environmental Areas in accordance with the rules and regulations of the New York State Department of Environmental Conservation adopted in accordance with the authorization and directives of the State Environmental Quality Review Act, and WHEREAS, a public notice was published as set forth by the aforesaid regulations and the Town Board held a public hearing on November 2, 2015 at 7:00 pm on the issue of the designation of that area consisting of the marl fens at the Floyd Bennett Memorial Airport and adjoining lands as Critical Environmental Areas, and WHEREAS, the Town Board is duly qualified to act a Lead Agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an Unlisted Action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE BE IT RESOLVED, that two (2) areas of marl fen as shown in Figure 1 of a Memorandum by Greg Edinger of the New York Natural Heritage Program, re: Marl Fen at Floyd Bennett Memorial Airport, dated December 3, 2014, and all lands outside those designations and adjacent thereto within one hundred (100) feet appear to possess exceptional and/or unique characteristics as follows: A) a benefit to human health; B) a natural setting (e.g. fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); C) agricultural, social, cultural, historic, archaeological, recreational, or educational values, or D) an inherent ecological, geological, or hydrological sensitivity to change which may be adversely effected by any change; and BE IT FURTHER RESOLVED, that the Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board herby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box in Part 3 indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the New York State Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Town Board, after consideration of the foregoing, hereby designates the following areas previously described as two (2) areas of marl fen as shown in Figure 1 of a Memorandum by Greg Edinger of the New York Natural Heritage Program, re: Marl Fen at Floyd Bennett Memorial Airport, dated December 3, 2014, and all lands outside those designations and adjacent thereto within one hundred (100) feet as Critical Environmental Areas, and BE IT FURTHER RESOLVED that the Town Senior Planner is hereby authorized and directed to file notification pursuant to §617.14(g)(2) of the Rules and Regulations of the Department of Environmental Conservation with the Commissioner of the New York State Department of Environmental Conservation (NYS DEC), the Director of NYS DEC Region 5 in Ray Brook, NY, the NYS DEC Region 5 office in Warrensburg, NY and the Clerk of the Warren County, NY Board of Supervisors, and BE IT FURTHER RESOLVED, that pursuant to §617.14(g)(3) of the Rules And Regulations of the Department of Environmental Conservation, said designation shall take effect thirty (30) days after such filing with the Commissioner of the NYS DEC, and such designation of a Critical Environmental Area shall be published in the Environmental Notice Bulletin by the NYS DEC, and the NYS DEC shall serve as a clearinghouse for information on all Critical Environmental Areas. Duly adopted this 2nd day of November, 2015, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES: None ABSENT: Mr. Irish I, Caroline H. Barber, Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 2nd day of November, 2015 at which a quorum was present and that the same is a correct transcript there from and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 3rd day of November, 2015. SEAL SIGNED: Caroline H. Barber Town Clerk Town of Queensbury