By Rebecca Martin
ACTION: Contact all listed below to alert them that the ACTION in the current Environment Assessment Form (EAF) for SEQR (drafted by Niagara/The Chazen Companies) is too narrow in scope. It does not include the SALE of water from its supply sources in Woodstock to Niagara and is a critical part of the entire project that needs to be environmentally reviewed by SEQR under ONE Lead Agency (that being the DEC) before any decisions can be made or actions taken by any involved agency, including the City of Kingston Water Department.
CONTACT:
1. Martin Brand, DEC Region 3 Director at 845/256-3000 or write martin.brand@dec.ny.gov
2. Joe Martens, DEC Commissioner at joe.martens@dec.ny.gov
3. Judy Hansen, Superintendent, Kingston Water Department 845/331-0175 (press ‘1’)
4. Mayor Shayne Gallo, Voting Member of the Kingston Water Board 845/334-3902 sgallo@kingston-ny.gov
5. Gregg Swanzey, Director of Economic Development 845/334-3962 gswanzey@kingston-ny.gov
6. Mike Hein, County Executive Ulster County 845/340-3800 exec@co.ulster.ny.us
7. Peter Romano, The Chazen Companies (Niagara Consultant)
518/598-9804 promano@chazencompanies.com
8. Supervisor James Quigley, Town of Ulster 845/382-2765 ulstersupervisor@townofulster.org
SUGGESTED DRAFT TEXT FOR EMAIL:
To: CONTACT NAME
I am writing to alert you that the Action in the current Environment Assessment Form (EAF) for SEQR is too narrow in scope. It does not include the sale of water from its supply sources in Woodstock to Niagara and is a critical part of the entire project that needs to be environmentally reviewed by SEQR under one Lead Agency (preferably the DEC).
Recently, I have seen the City of Kingston’s Water Department’s ‘Will Serve’ letter to Niagara Bottling Company. Although the Kingston Water Department is currently independent in the City of Kingston, in the SEQR process they are not. In order for the KWD to make a decision to sign off on a contract with Niagara for Water, it is subject to the SEQR process which hasn’t yet gotten underway. The Kingston Water Board next meets on Tuesday, November 12th. It isn’t clear whether they are considering signing a contract with Niagara committing Kinston’s water this early or not. If it does, the City of Kingston’s Water Department would be violating SEQR’s legal requirements.
Therefore, I encourage a dialogue between all ‘Involved’ and ‘Interested’ Agencies to work together to create a SEQR that includes all aspects of this project so that a fair SEQR determination can be had.
Thank you.
YOUR NAME
Municipality
Recently, we shared the City of Kingston’s Water Department WILL SERVE letter that was crafted by William N. Cloonan (the Water Department’s legal counsel). In its closing statement it says:
“….therefore, in consideration of the aforementioned conditions and subject to agreement by the Kingston Water Department Board and Niagara Bottling Company, LLC, the Kingston Water Board is able to provide Niagara with the requested flows subject to the above. Please let me know if this meets your requirements so that we can execute a more formal agreement that is acceptable to both parties. The Board of Water Commissioners looks forward to working with Niagara and welcomes you to the City of Kingston.”
What does this suggest? That the Kingston Water Department, though perhaps independent in the City of Kingston, may misunderstand that in SEQR, it is not – and that if they have it in mind to make a decision to sign off on a contract with Niagara for Water, it is subject to the SEQR process which hasn’t yet gotten underway. The Kingston Water Board next meets on Tuesday, November 12th. It isn’t clear whether the Water Board is considering signing a contract with Niagara committing Kinston’s water this early or not. If it does, the City of Kingston’s Water Department would be violating SEQR’s legal requirements.
1. The SEQR EAF (Environmental Assessment Form) written by the Chazen Companies on behalf of Niagara is too narrow, only proposing the ‘construction of a water bottling facility’.
2. The Kingston Water Board is an ‘involved ‘agency in the EAF and water is necessary for a Water bottling facility. The ACTION does not include the sale of water from its supply sources in Woodstock to Niagara and is a critical part of the entire project that needs to be environmentally reviewed by SEQR under ONE Lead Agency (that being the DEC) before any decisions can be made or actions taken by any involved agency, including the City of Kingston Water Department.
3. Therefore, the impression is perhaps that the facility build and the Water for bottling purchase/delivery are two separate ACTIONS. Without the ACTION including both together, a fair SEQR Determination may be jeopardized.
A SEQR Determination helps to decide whether or not a proposed project will have any significant adverse impact on the environment. A SEQR Determination is one of the following:
‘Negative’
the action is determined not to have significant adverse environmental impacts.
‘Conditioned’
a non-significant action through enforceable terms.
‘Positive’
when an action is determined to have potentially significant adverse environmental impacts and requires and Environmental Impact Statement (EIS) where the public’s input will become a part of the process.
DON’T SELL OUR WATER OR ANY OTHER NATURAL RESOURCES. THANK YOU.
Do not sell our water or any other natural resources
DO NOT SELL OUR WATER!! Stay out of our rivers, lakes and Streams!!! Leave our nature natural. You don’t want my wrath.
I am writing to alert you that the Action in the current Environment Assessment Form (EAF) for SEQR is too narrow in scope. It does not include the sale of water from its supply sources in Woodstock to Niagara and is a critical part of the entire project that needs to be environmentally reviewed by SEQR under one Lead Agency (preferably the DEC).
Recently, I have seen the City of Kingston’s Water Department’s ‘Will Serve’ letter to Niagara Bottling Company. Although the Kingston Water Department is currently independent in the City of Kingston, in the SEQR process they are not. In order for the KWD to make a decision to sign off on a contract with Niagara for Water, it is subject to the SEQR process which hasn’t yet gotten underway. The Kingston Water Board next meets on Tuesday, November 12th. It isn’t clear whether they are considering signing a contract with Niagara committing Kinston’s water this early or not. If it does, the City of Kingston’s Water Department would be violating SEQR’s legal requirements.
Therefore, I encourage a dialogue between all ‘Involved’ and ‘Interested’ Agencies to work together to create a SEQR that includes all aspects of this project so that a fair SEQR determination can be had.
Thank you.
Jean Kallina
Thank you, Jean. Yes, we have been saying that from the very beginning and been pointing that out over and over again. Have a look at the `Citizen Committee` page in the menu section of the site – choose one and join us by contacting the chair.