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Town of Berne, NY
Albany County
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Listed below are Type I actions as defined under Article 8, Section 617 of the State Environmental Conservation Law. Type I actions require the preparation of an environmental impact statement because they will in almost every instance have a significant effect on the environment. The following are considered Type I actions in the Town of Berne:
A. 
Construction of new (or expansion by more than 50% of existing size, square footage or usage of existing):
(1) 
Airports.
(2) 
Public institutions such as hospitals, schools and institutions of higher learning and correction facilities, major office centers.
(3) 
Road or highway sections (including bridges) which require an indirect source permit under 6 NYCRR Part 203 and any new highway construction over one-fourth mile in length and any ditching, clearing of trees or stone walls adjacent to new or existing roads extending over a distance of 100 yards or more, along the road.
(4) 
Parking facilities or other facilities with an associated parking area which would require an indirect source permit under 6 NYCRR Part 203.
(5) 
Any dam with a downstream hazard of "C" classification under Environmental Conservation Law (ECL) § 15-0503 and any dam on second order or higher streams of the Switzkill, Foxenkill, Onesquethaw, Schoharie and Basic drainages within the Town.
(6) 
Stationary combustion installations operating at a total heating input exceeding 1,000 million BTU's per hour.
(7) 
Chemical pulp mills.
(8) 
Portland cement plants.
(9) 
Iron and steel plants.
(10) 
Primary aluminum ore reduction plants.
(11) 
Incinerators operating at a refuse charging rate exceeding 250 tons of reuse for 24 hours.
(12) 
Sulfuric acid plants.
(13) 
Petroleum refineries.
(14) 
Lime plants.
(15) 
Bi-product coke manufacturing plants.
(16) 
Storage facilities designed for or capable of storing 10,000 or more gallons of liquid natural gas, liquid petroleum gas or other liquid fuels.
(17) 
Sulfur recovery plants.
(18) 
Fuel conversion plants.
(19) 
Process, exhaust and/or ventilation systems emitting air contaminants assigned an environmental rating of "A" under 6 NYCRR and whose total emission rate of such "A" contaminants exceeds one pound per hour.
(20) 
Process, exhaust and/or ventilation systems from which the total emission rate of all air contaminants exceeds 50 tons per day.
(21) 
Any sanitary landfill.
(22) 
A gravel or shale pit exceeding 500 cubic yards or over 10,000 square feet in area.
(23) 
Any facility, development or project, including residential homes, to be directly located in or the following critical areas:
(a) 
Tidal wetlands as defined in Article 25 of the ECL;
(b) 
Freshwater wetlands as defined in Article 26 of the ECL and shown on Town reserve inventory maps;
(c) 
Floodplains as defined in Article 36 of the ECL;
(d) 
Wild, scenic and recreational rivers areas designated in Title 27 of Article 15 of the ECL.
(24) 
Any facility, development or project having an adverse impact on any historic or prehistoric building, structure or site listed on the National Register of Historic Places, the State Inventory of Historic Places or in the Town Resource Inventory.
(25) 
Any facility, development or project which would generate more than 5,000 vehicle trips per any hour or more than 25,000 vehicle trips per any eight-hour period.
(26) 
Any development, project or permanent facility of a nonagricultural use in an agricultural district which requires a permit except those listed as Type II actions.[1]
[1]
Editor's Note: Type II actions are listed in Appendix B.
(27) 
Any facility, development or project which would use ground or surface water in excess of 2,000,000 gallons in any day.
(28) 
Any industrial, publicly or privately owned sewage treatment plant.
(29) 
A residential development of five or more units.
(30) 
Lakes or other bodies of water with a water surface in excess of five acres.
(31) 
Construction of any gas line, electric transmission line or long-distance telephone or communications lines not regulated by the Public Service Commission under Article VII or Article VIII of the Public Service Law.
B. 
Any funding, licensing or planning activities in respect of any of the types of construction listed in Subsection A above.
C. 
Application of pesticides or herbicides over more than 500 contiguous acres.
D. 
Clearcutting of 20 or more contiguous acres of forest cover or vegetation other than crops.
E. 
The proposed adoption of comprehensive land use plans, zoning ordinances, building codes, comprehensive solid waste plans, state and regional transportation plans, water resource basin plans, comprehensive water quality studies, area-wide wastewater treatment plans, state environmental plans, local floodplain control plans, and the like.
F. 
Any burial of radioactive materials requiring a permit under 6 NYCRR Part 380.
G. 
Any action which will result in excessive or unusual noise or vibration taking into consideration the volume, intensity, pitch, time duration and the appropriate land uses for both the source and the recipient of such noise or vibration.
H. 
Acquisition or sale by a public agency of more than 250 contiguous acres of land.