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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 {xa6r�ssv.3} s 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}