DEC Declines Lead Agency Role. Requests the SEQR Action Expand Its Scope.

By Rebecca Martin

Although the DEC declined to take Lead Agency of the SEQR for the proposed Niagara Bottling Company project, they do bring many important things to light in their letter. All of which can help us to ultimately assure a fair SEQR process which is our aim.

Thank you all for being engaged here and for hitting each and every mark thus far. It is in that effort that things can and will improve as we have seen.   Although we may be disappointed that the DEC at this point is not stepping in to take Lead Agency, the comments that they make will certainly be useful to us in expanding the scope of SEQR and even perhaps municipalities that would be impacted by the project as ‘involved’ agencies. That is what we have to go for now – and we will.

Click on the image to read the DEC’s letter in full.


#3. Water Service- It appears that the project site is located within the Town of Ulster Water District and will be provided with water purchased from the City of Kingston. Any Determination of Significance should address the full buildMout of the facility, specifically the source of the estimated

1.75 MGD of water that will be required from the City of Kingston. This is consistent with the SEQR requirement of reviewing the “whole action”. Therefore, DEC suggests that all known or reasonable anticipated phases of the proposed project be considered in the determination of significance. If later phases are uncertain as to design or timing, t11eir likely ,environmental significance sl1ould still be examined as part of the whole action by considering the potential impacts of the total known build-out.

If the proposal causes the City of Kingston to require a change or amendment to any permit condition that is currently in force, including an increase the amount of water to be withdrawn greater than what is currently permitted, in order to prevent over-allocation or use of a water source or to protect the environment and the health, safety and welfare of the public then the City of Kingston will be required to modify its existing Water Withdrawal Permit, pursuant to 6 NYCRR Part 601.

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