HomeMy WebLinkAboutH - 1 SEQR Negative Declaration & ResolutionState Environmental Quality Review Act
NEGATIVE DECLARATION
Notice of Determination of Non -Significance
Date: February 2, 2022
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Conservation
Law,
The Town Board of the Town of Cortlandville, as lead agency ("Lead Agency" or "Town
of Cortlandville"), has determined that the proposed action described below will not have
a significant adverse effect on the environment and a Draft Environmental Impact
Statement will not be prepared.
Name of Action: Adoption of a Local Law Number 1 of 2022, to Further
Safeguard the Town's Wellhead Protection Areas
SEQRA Status: Type I [X ]
Unlisted [ ]
Conditioned Negative Declaration: [ ] Yes
[X] No
Description of Action:
This action (the "Action") is the adoption of Local Law Number 1 of 2022 (the "Local Law")
which provides new regulatory mechanisms to help safeguard the Town's existing
drinking water supply wells ("Public Wells"). The Local Law amends the Town of
Cortlandville Zoning Code by creating a new overlay district ("Overlay District") which
corresponds to existing Wellhead Protection Areas and Wellhead Protection Zones
located within such Wellhead Protection Areas. The Local Law establishes requirements
intended to regulate new and existing land uses more effectively within that Overlay
District for the protection of public health. Additionally, because certain areas in the Town
have been delineated to be within the Wellhead Protection Areas for the adjacent City of
Cortland's Public Wells, the Local Law will also provide protection to those resources.
Location:
The Local Law establishes a zoning Overlay District that is coterminous with existing
Wellhead Protection Areas and Wellhead Protection Zones within the Town which are
located near Public Wells in and immediately adjacent to the Town. Exhibit A contains
Figures which depict the location of the Wellhead Protection Areas, and Wellhead
Protection Zones 1A, 1B and 1C which are referred to in this Local Law.
{H4617559.3 } 1
Reasons Supporting this Determination:
After considering the action contemplated, the criteria for determining significance in the
State Environmental Quality Review regulations (6 NYCRR § 617.7(c)), Parts 1 and 2 of
the Full Environmental Assessment Form ("EAF"), the Town Board's knowledge of its
drinking water system, the importance of the sole source aquifer within the Town which
supplies the water to its Public Wells, and a prior report prepared by the Cortland County
Soil Water Conservation District ("SWCD") referred to further herein, the Town of
Cortlandville, as lead agency pursuant to the State Environmental Quality Review Act,
finds that the proposed action ("Action") will not result in any significant environmental
impact and therefore a Draft Environmental Impact Statement will not be required.
This determination is based upon the findings of fact, conclusions, and rationale
expressed in the attached Resolution of the Town Board with Exhibits, and the following
underlying principles:
1. The Action consists of legislation drafted for the express purpose of protecting the
health, safety, and welfare of the residents of the Town. It will do so by establishing
a zoning Overlay District with related regulatory mechanisms, procedures, and
prohibitions, which will more effectively regulate land uses in existing Wellhead
Protection Areas and Wellhead Protection Zones that were established within the
Town to protect its Public Wells. The Local Law will help further reduce the
potential for contamination of the Town's drinking water supply by establishing
additional criteria and restrictions on development in areas adjacent to its Public
Wells. Such standards are based upon the proximity of the proposed use to such
drinking water wells. The Local Law will also regulate land uses in existing
Wellhead Protection Areas and Wellhead Protection Zones in the Town, that were
delineated by the SWCD to protect Public Wells in the adjoining City of Cortland,
adjacent to its boundary with the Town.
2. The adoption of this Local Law will not cause, create, or induce any physical
change to the environment. Instead, it will reduce rather than cause adverse
environmental impacts through the enactment of additional standards and
requirements for land uses in the immediate vicinity of the Town's Public Wells. It
will implement procedures and requirements not previously existing in the Zoning
Code.
3. The Wellhead Protection Areas and Wellhead Protection Zones already specified
in the Town's existing Zoning Code and further addressed in the proposed Local
Law were originally identified in a report prepared by SWCD, entitled: "Delineation
of Wellhead Protection Areas Town of Cortlandville and City of Cortland" (the
"SWCD Report").
4. As
described in the attached
Resolution, the
Local Law
will protect the Public
Wells
by
enacting
additional
land
use regulations
restricting
certain
types of uses
within
{H46 ] 7559.3 } 2
identified Wellhead Protection Zones, with stricter restrictions closer to the Public
Wells.
5. The SWCD Report identifies the rationale and assumptions associated with the
Wellhead Protection Zones that were previously incorporated into the Town's
zoning law.
6. This Local Law is fully consistent with the Town of Cortlandville's "NYS Route
281/13 Corridor Area Land Use & Aquifer Protection Plan" prepared by Clough
Harbour Associates, LLP dated June 19, 2002,
7. Part 2 of the Full EAF did not reveal any potentially moderate to large
environmental impact associated with the Action.
Conclusion:
The Town Board of the Town of Cortlandville has completed a careful review of the
reasonably anticipated areas of environmental concern raised by the Action. Based upon
such review, the criteria for determining significance in the SEQRA regulations, and the
rule of reasonableness, The Town of Cortlandville issues this Negative Declaration,
concluding that the proposed adoption of Local Law No. 1 of 2002 will not result in a
significant adverse impact. An environmental impact statement is therefore not required.
For Further Information:
Contact Person: Tom Williams, Supervisor
Town of Cortlandville
3577 Terrace Road
Cortland, New York 13045
(607)756-6091
Fax: (607) 756-4659
cc: (w /en cINN
Town of Cortlandville Planning Board
Cortland County Planning Department
Mayor, City of Cortland
City of Cortland Water Department
Route 13 Rocks, LLC
Environmental Notice Bulletin
Cortland County Soil Water Conservation District
Cortland County Health Department
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TOWN OF CORTLANDVILLE
TOWN BOARD MEETING — FEBRUARY 2, 2022
Resolution #
A RESOLUTION DETERMINING THAT AN ACTION TO
ENACT LOCAL LAW No. 1 of 2002, TO AMEND THE
TOWN'S ZONING CODE TO FURTHER SAFEGUARD THE
EXISTING WELLHEAD PROTECTION AREAS AND OTHER
RELATED AMENDMENTS WILL NOT HAVE A
SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT
WHEREAS, the Town Board of the Town of Cortlandville (the "Town Board") is the
July elected legislative body within the Town of Cortlandville; and
WHEREAS, it is the intention of the Town Board to provide additional protections
to its existing public drinking water supply wells, and Town officials have had ongoing
discussions with the Cortland County Soil and Water Conservation District ("SWCD") and
the Cortland County Health Department ("CCHD") regarding the need to protect the Otter -
Dry Creek Aquifer (the "Aquifer") which is located beneath much of the Town, and the
public drinking water supply wells ("Public Wells") that obtain water from the Aquifer; and
WHEREAS, the Town Board has proposed the adoption of Local Law Number 1
of 2022 (the "Local Law") which is intended to provide further protections to the Public
Wells and the Aquifer; and
WHEREAS, the water from the Aquifer is the primary source of drinking water for
the Town of Cortlandville, as well as the City of Cortland; and
WHEREAS, the Aquifer has been designated a "Sole Source Aquifer' by the
United States Environmental Protection Agency in accordance with the Safe Drinking
Water Act, because it is the sole or principal source of a community's drinking water; and
WHEREAS, the Aquifer has been designated a "Primary Aquifer" by the State of
New York because it is a "highly productive aquifer[ ] presently utilized as sources of
water supply by major municipal water systems"; and
WHEREAS, federal law known as the Safe Water Drinking Act (the "SWDA")
established a wellhead protection program to protect the quality of groundwater used in
public water supply systems, with "wellhead protection area" defined as: "the surface and
subsurface area surrounding a water well or wellfield, supplying a public water system,
through which contaminants are reasonably likely to move toward and reach such water
well or wellfield"; and
(H4623591.2) 1
WHEREAS, "Wellhead Protection Areas" were enacted by the Town of
Cortlandville in Article IA of the Town's existing Zoning Code, based upon a report
prepared by the SWCD entitled "Delineation of Wellhead Protection Areas, Town of
Cortlandville and City of Cortland, New York — May 2002" (the "SWCD Report"); and
WHEREAS, the Wellhead Protection Areas identified in the SWCD Report each
contain three "Wellhead Protection Zones" labeled as Zone 1A, Zone 1B and Zone 2,
based on the proximity of land in that zone to the public drinking water wells, with Zone
1A requiring the most protection, followed by Zone 1 B and then Zone 2; and
WHEREAS, the Wellhead Protection Zones identified by the SWCD Report were
previously adopted by the Town of Cortlandville and identified in its zoning code (the
'Zoning Code'); and
WHEREAS, the Wellhead Protection Zones in the Town relate to the Public Wells
in the Town, two being located adjacent to Lime Hollow Road and one located adjacent
to Terrace Road; and
WHEREAS, an additional Wellhead Protection Area in the Town was delineated
by SWCD in the SWCD Report within the boundaries of the Town of Cortlandville, which
corresponds to the City of Cortland's Public Wells located immediately adjacent to the
Town; and
WHEREAS, although the Wellhead Protection Areas and Wellhead Protection
Zones were previously established in the Town's Zoning Code, as part of the Town's
existing Aquifer Protection District, the Local Law is intended to establish a separate
zoning overlay district because certain land uses adjacent to the public drinking water
wells present a more direct threat to the Town's drinking water supply and require more
specific regulation than currently exists; and
WHEREAS, the Town of Cortlandville duly forwarded the proposed Local Law to
the Cortland County Planning Agency ("County Planning") in accordance with General
Municipal Law §§ 239-1 and m, on or about October 26, 2021; and
WHEREAS, on or about November 12, 2021, County Planning recommended
approval of the Local Law with the following conditions:
1. that the proposed local law reference the City of Cortland public
water supply wells in the Statement of Intent and Establishment
of Wellhead Protection Zones sections [and]
2. compliance with SEAR requirements.
WHEREAS, County Planning's first condition of approval has been incorporated
into the current version of the Local Law, and the second condition is being met by the
Town Board as indicated in this Resolution; and
{I-14623591.2) 1
WHEREAS, the Town Board hereby characterizes the enactment of this Local Law
as a "Type I Action" for purposes of SEQRA; and
WHEREAS, the Town Board intends to fulfill the role of "Lead Agency" for
purposes of the required SEQRA review; and
WHEREAS, no other state or local agency has discretionary approval authority
with respect to the enactment of a local law within the Town of Cortlandville, and therefore,
there are no other SEQRA "involved agencies", and no coordination of the SEQRA review
is required; and
WHEREAS, the Town Board has reviewed and adopted Parts 1 and 2 of a Full
Environmental Assessment Form (the "Full EAF") with respect to the Action, in order to
make its determination of significance as required by the SEAR regulations; and
WHEREAS, copies of Parts 1 and 2 of the Full EAF and copies of each will be on
file at the office of the Town; and
WHEREAS, SEQRA requires the lead agency to "determine the significance" of
an action, a determination that a proposed action either "may include the potential for at
least one significant adverse environmental impact", or that "there will be no adverse
environmental impacts or that the identified adverse environmental impacts will not be
significant", as per § 617.7(a) of the New York State Department of Environmental
Conservation's SEQRA regulations (the "SEQRA Regulations"), 6 NYCRR § 617.7(a);
and
WHEREAS, criteria for determining the significance of the environmental impacts
associated with an action including adoption of this Local Law are identified in § 617.7(c)
of the SEQRA Regulations, which provides examples of actions that may have a
significant adverse impact on the environment; and
WHEREAS, the examples noted in the SEQRA regulations relate primarily to
physical impacts, changes and/or impairments, such as changes in existing air, surface
or groundwater quality, increases in traffic or noise levels, or impacts on vegetation or
fauna, or, alternatively, conflicts with community goals or plans or other activities that
might induce growth or impacts;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE TOWN OF
CORTLANDViLLE TOWN BOARD, AS FOLLOWS:
After considering the following: the Action contemplated; the criteria for
determining significance in the SEQRA Regulations; Parts 1 and 2 of the Fulf EAF; the
Town Board's knowledge of its drinking water system and the importance of the Aquifer
in the Town which is the sole source of the water serving its Public Wells; and the
{H4623591.2} 3
information contained within the SWCD Report; the Town Board makes the following
findings and determinations with respect to the Action:
Section 1.
1. The adoption of Local Law No. 1 of 2022 is a Type I action for purposes of
SEQRA.
2. As the sole "involved agency" with respect to this legislative enactment, the
Town is Lead Agency for purposes of this review.
3. As there are no other "involved agencies" with respect to this legislation, no
coordinated review is conducted.
4. The Town Board adopts the information contained in Parts 1 and 2 of the Full
EAF for the Action.
Section 2. The Town Board hereby finds that the adoption of Local Law Number 1 of
2022 will not have any significant adverse environmental impacts for the following
reasons:
1. The Action consists of legislation drafted for the express purpose of protecting
the health, safety, and welfare of the residents of the Town. It will do so by
establishing a zoning overlay district which will enable it to regulate land uses
more effectively within existing Wellhead Protection Areas and Wellhead
Protection Zones in the Town in order to protect the Town's Public Wells. The
Local Law will help reduce the potential for contamination of the Town's Public
Wells by establishing criteria, regulatory mechanisms, procedures, and
prohibitions that will regulate development within Wellhead Protection Zones
based upon the proximity of certain land uses to such wells. The Local Law will
also apply to land uses within Wellhead Protection Zones in the Town
delineated by the SWCD to protect the Public Wells in the adjoining City of
Cortland.
2. The adoption of this Local Law will not cause, create, or induce any physical
change to the environment. It will not cause any physical adverse
environmental impact. Instead, it will reduce rather than cause adverse
environmental impacts through the enactment of additional standards and
protections in the immediate vicinity of the Town's Public Wells.
3. The Wellhead Protection Areas and Wellhead Protection Zones identified in the
existing Zoning Code and the proposed Local Law were established through
the SWCD Report. The following relevant information is contained in the report:
a. The Town of Cortlandville's three Public Wells are in the Aquifer,
which spans both the Town of Cortlandville and the City of Cortland.
{H4623591,2} 4
b. Groundwater in the Aquifer is the source of drinking water for both
the Town of Cortlandville and the City of Cortland, and much of the
recharge area for the Aquifer and the Public Wells in both
communities is located within the Town of Cortlandville.
c. The SWDA established a federal program to protect the quality of
groundwater used in public water supply systems, known as the
"Wellhead Protection Program". The federal program requires each
state to develop its own wellhead protection program and the New
York State Department of Health, which implements the program in
New York, strongly encourages wellhead protection for all wells that
are sources of public drinking water.
d. As described in the SWCD Report, the SWCD identified Wellhead
Protection Areas both within the Town and elsewhere in the Aquifer
with the assistance of the Cortland County Health Department
("CCHD") and the United States Geological Survey ("USGS"), using
a computer model developed by the USGS. The SWCD Report
states that the assumptions inputted into the model were developed
jointly by the Town of Cortlandville, the City of Cortland Water Board,
SWCD, CCHD, USGS and Clough Harbour & Associates ("CHA"), a
consulting firm involved in the project.
e. Based upon the availability of the sophisticated USGS model, and its
own extensive understanding of the Aquifer, SWCD used a
methodology known as "time of travel", to develop Wellhead
Protection Zones in which risk to public wells was calculated based
upon the length of time it would take for contaminants to reach the
Public Wells, from different locations near such wells.
f. The SWCD Report identified three "wellhead protection zones", and
labeled them: Zone 1A, one 1B and Zone 2. Wellhead Protection
Zones corresponding to those identified in the SWCD Report were
previously established within the Town of Cortlandville Zoning Code.
g. "Zone 1A" represents the highest risk for contamination of the Public
Wells. It consists of land that is over the Aquifer, within the recharge
area for the Public Wells, and immediately surrounding the Public
Wells. Zone 1A receives the most protection in the proposed Local
Law because contamination originating in Zone 1A would take the
shortest amount of time, two years or less according to SWCD
Report, to reach the Public Wells from areas within that area.
h.
"Zone
1 B" consists of land that is above the Aquifer and located
within the recharge areas for the Public Wells, but further away
5
{H4623591.2}
from the Public Wells than Zone 1A. Contamination originating in
such areas is still a threat to the Public Wells, but poses less of a
risk than Zone 1A because it would take more time to reach the
wells. Therefore, the Local Law is less restrictive in those areas.
Contamination originating in Zone 1 B would take two to five years
to reach the Public Wells according to the SWCD Report.
"Zone 2" is above the Aquifer and in the recharge area for the Public
Wells, but it is such a distance from the wells that contaminants
originating within that zone would take more than five years to reach
the well according to the SWCD Report. Therefore, while regulated
under the Local Law, land uses in those areas will be less restricted.
The Town
of Cortlandville operates
three Public
Wells, two
located
adjacent
to
Lime Hollow
Road, and
one adjacent
to Terrace
Road.
k. The Local Law prohibits the following uses in Zone 1A within the
Town:
(1) The discharge, land application or disposal of any hazardous
material, toxic substance, or radioactive material (as defined
by any applicable state or federal law).
(2) The production or processing of bulk quantities of any
hazardous material or toxic substance (as defined by any
applicable state or federal law).
(3) The open storage of pesticides, herbicides, or fungicides (as
defined by any applicable state or federal law).
(1) The dumping or disposing of snow or ice collected off-site
from roadways or parking areas.
(5) The open or bulk storage of coal or chloride salts.
(6) Any form of underground injection of hazardous materials or
toxic substances (as defined under any applicable state or
federal law).
(7) Gas stations, solid waste disposal facilities and junkyards.
(8) Any activities associated with industrial development as per
Section 178-77 of Article XIV (Conditional Permit) of the
Cortlandville Town Code.
{xa6zss9tz}
(9) The use of septic system additives and cleaners which
contain toxic substances or hazardous materials (as defined
by applicable state or federal law).
(10) The disposal of toxic substances or hazardous materials
(as defined under applicable state or federal law) by means
of discharge to a septic system.
(11) All new Mines and all forms of Mining are prohibited within
Wellhead Protection Zone 1A, except that existing Mines in
such areas may continue to operate if previously permitted,
and may expand laterally within the existing property, but
may not expand into and below the water table in Wellhead
Protection Zone 1A unless such expansion or operation
below the water table was previously permitted by the
NYSDEC prior to the enactment of this provision.
I. The Local Law does not prohibit any of the aforementioned uses in
Zone 1B or Zone 2 of the Overlay District, provided they are
authorized uses in the underlying zoning district, except that certain
of those uses will require a Special Permit.
4. The SWCD Report identifies the rationale and assumptions associated with
the Wellhead Protection Zones that were previously incorporated into the
Town's zoning law.
5. Zones 1A, 1B and 2 for the Lime Hollow wells are identified in Figure 7 of
the Report (appended as Exhibit A); and Zones 1A, 1 B and 2 for the Terrace
Road municipal well are depicted in Figure 6 of the Report (Exhibit B). All
Wellhead Protection Areas within the Town are depicted in Figure 5 of the
Report (Exhibit C herein).
6. The Local Law is fully consistent with the Town of Cortlandville's "NYS
Route 281/13 Corridor Area Land Use &Aquifer Protection Plan" prepared
by Clough, Harbour Associates, LLP dated June 19, 2002,
7. No questions in Part 2 of the Full EAF revealed any potentially moderate to
large environmental impact associated with the Action.
8. Because the Action will not result in any physical changes and will only
protect important environmental resources, adoption of the Local Law will
not result in any significant adverse environmental impacts and, thus, will
not require the preparation of an environmental impact statement.
9. As a consequence of the foregoing, the Town Board hereby issues a
negative declaration with respect to the adoption of Local Law Number 1 of
{H462359 L2} 7
2022 and hereby adopts the form of the Notice of Determination of Non-
significance attached hereto and incorporated herein.
Section 3. The Town Clerk is requested to file the attached Notice of Determination of
Non -Significance, along with this Resolution and Exhibits with the Town Supervisor, the
Town Board, and the Town Planning Board, in files that are readily accessible to the
public, and to submit copies of each of these documents to: the Cortland County Planning
Agency; Mayor, City of Cortland; City of Cortland Water Department; the Cortland County
Soil Water Conservation District; the Cortland County Health Department; and Route 13
Rocks, I.I.C. Additionally, the Town Attorney should ensure that the prescribed ENB
SEQRA Notice Publication Form for this Type I Negative Declaration is completed and
submitted to the Environmental Notice Bulletin by e-mail at: enb(o).dec.nv.00v.
Section 4. This Resolution shall take effect immediately.
Motion by Councilman to adopt the Resolution;
Motion Seconded by Councilman
VOTES: Supervisor Williams Aye Nay
Councilman Cobb _ Aye Nay
Councilman Guido _Aye _ Nay
Councilman Testa Aye _ Nay
Councilman Leach _Aye _Nay
{H4623591,2}