New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 15 - Procedures For Implementation Of State Environmental Quality Review Act › Section 15.14 - Type II actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Actions which are type II are actions or classes of actions which have been
				determined not to have a significant effect on the environment and do not
				require the preparation of an FEIS, DEIS or any determinations or statements
				pursuant to this Part.
(b) With
				respect to capital projects, many activities which have, and might have, been
				listed in this Part as type II actions are the components of a project. The
				entire set of activities will be considered the "action" for the purpose of the
				type II determination.
(c) If a
				"total" capital project or physical activity consists of two or more
				interdependent and associated actions (each depends upon the completion of the
				others for its successful implementation and operation), each of which is an
				action within the meaning of this Part, then the "total" project must be
				treated as one action subject to this Part. In such cases, the total project is
				type II only if all the interdependent actions are also type II actions under
				this Part.
(d) For some of the
				actions listed in subdivision (e) of this section, the satisfaction of one or
				more of the following criteria is a prerequisite to their classification as
				type II. If no criteria are specified for the action, it is type II as stated.
				The criteria are:
(1) no acquisition of any
				occupied dwelling units or principal structures of businesses;
(2) no significant changes in passenger or
				vehicle traffic volume, vehicle mix, local travel patterns or access (other
				than changes that would occur without the action);
(3) no more than minor social, economic or
				environmental effects upon occupied dwelling units, businesses, abutting
				properties or other established human activities;
(4) no significant inconsistency with current
				plans or goals that have been adopted by local government bodies;
(5) no physical alteration of more than 2.5
				acres of publicly owned or operated parkland, recreation area or designated
				open space;
(6) no effect on any
				district, site, building, structure or object that is listed, or may be
				eligible for listing, on the National Register of Historic Places, or any
				historic building, structure, site or prehistoric site that has been proposed
				by the Committee on the Registers for consideration by the New York State Board
				of Historic Preservation for a recommendation to the State Historic
				Preservation Officer for nomination for inclusion in said National
				Register;
(7) no more than minor
				alteration of, or adverse effect upon, any property, protected area, or natural
				or man-made resource of national, State or local significance, including but
				not limited to:
(i) freshwater or tidal
				wetlands and associated areas;
(ii)
				floodplain areas;
(iii) prime or
				unique agricultural land;
(iv)
				agricultural districts so designated pursuant to article 25, section 203, when
				more than one acre of such district may be affected;
(v) water resources, including lakes,
				reservoirs, rivers, streams;
(vi)
				water supply sources;
(vii)
				designated wild, scenic and recreational rivers;
(viii) unique ecological, natural wooded or
				scenic areas;
(ix) rare, endangered
				or threatened species formally designated as such pursuant to Federal law;
				and
(x) any area officially
				designated as a critical environmental area pursuant to 6 NYCRR Part 617;
				and
(8) no requirement
				for an indirect source air quality permit, pursuant to 6 NYCRR Part
				203.