Resolution No. 45

Adopting And Issuing A Negative Declaration Under 6 NYCRR Part 617 State Environmental Quality Review Act (SEQRA) By The Ulster County Legislature For The Construction of Hudson Valley Rail Trail West: Phase 4 - Capital Project No. 451 – Department Of Planning

Resolution Information

Status: 
Adopted

RESOLUTION TEXT +-

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Referred to: The Economic Development, Tourism, Housing, Planning and Transit

Committee (Chairman Maloney and Legislators Berky, Delaune, Lapp, Litts, Maio

and Rodriguez), The Energy and Environment Committee (Chairman R. Parete and

Legislators Bartels, Heppner, Lapp, and Wawro), and The Public Works and Capital

Projects Committee (Chairman Fabiano and Legislators Greene, Litts, Loughran, and

Maloney)

Chairman of the Economic Development, Tourism, Housing, Planning, and Transit

Committee, James F. Maloney, and Deputy Chairman Hector Rodriguez offer the

following:

WHEREAS, this resolution has been offered by the County Executive on

behalf of the Department of Planning; and

WHEREAS, the Hudson Valley Rail Trail West: Phase 4 (the “Project”) will

design and construct a multi-use trail from New Paltz Road to South Street,

approximately 1.24-miles, in the Town of Lloyd extending the Hudson Valley Rail

Trail (“the HVRT”) westward towards New Paltz and expanding the HVRT to

approximately 5.5-miles upon completion of the Town of Lloyd’s pending Phase 3

extension and implementation of the Project; and

WHEREAS, Ulster County was awarded federal Transportation Alternatives

Program (TAP) funding for 80% of the costs for the Project and has received a

Federal-Aid Local Project Agreement for funding reimbursement for engineering

design and right-of way incidental work for the Project (PIN 8761.28); and

WHEREAS, pursuant to Resolution No. 139 passed on April 21, 2015, the

Ulster County Legislature established Capital Project No. 451 for the purposes of

Design and Right-of-Way (ROW) Incidental Work on the Project; and

WHEREAS, Ulster County and its consultants conducted a Public Information

Meeting on the Project on September 30, 2015 to seek comments, and have

outreached to federal and state agencies identified as having jurisdiction associated

with approvals necessary for the Project to proceed; and 

 

WHEREAS, as part of the Project approval process the County has completed

a Draft Design Report that includes an analysis of impacts to historic and

archeological sites, wetlands and water bodies, threatened or endangered species,

traffic, and other environmental considerations as required under 6 NYCRR Part 617

of the Regulations of Article 8 of the Environmental Conservation Law of New York

State (“SEQRA”); and

WHEREAS, in November 2015, the Draft Design Report was submitted to the

New York State Department of Transportation (NYSDOT) for review and comment;

and

WHEREAS, Ulster County, in conjunction with its engineering consultants,

has determined that the Project as proposed constitutes an Unlisted Action and has

conducted an Uncoordinated Review as provided for under SEQRA; and

WHEREAS, Ulster County, in conjunction with its engineering consultants,

has addressed all SEQRA issues as identified, considered and examined by the

Involved and Interested Agencies and members of the public in conducting the

review and in so doing, has taken a hard look at said areas and made a determination

of non-significance under SEQRA (“Negative Declaration”), a copy of which is

annexed to this Resolution and made a part hereof; now, therefore, be it

RESOLVED, that pursuant to 6 NYCRR Part 617 et seq. of the Regulations of

Article 8 of the Environmental Conservation Law of New York State (SEQRA), the

Ulster County Legislature hereby adopts and issues the Negative Declaration under

SEQRA upon the vote thereupon and the signature of the Ulster County Legislature

Chairman herewith; and, be it further

RESOLVED, that Clerk of the Legislature shall file this Resolution and

accompanying Negative Declaration with the Involved and Interested Agencies as

enumerated in the Negative Declaration; and, be it further

RESOLVED, that the adoption of the Negative Declaration shall constitute the

SEQRA Decision of approval for the construction of the Hudson Valley Rail Trail

West: Phase 4, together with all plans and documents associated therewith,

 

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0

Passed Committee: Economic Development, Tourism, Housing, Planning and

Transit on January 19, 2016

Passed Committee: Energy and Environment on January 21, 2016

Passed Committee: Public Works and Capital Projects on January 21, 2016

FINANCIAL IMPACT:

NONE

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 26th Day of January in the year Two Thousand and

Sixteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 29th Day of January

in the year Two Thousand and Sixteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

29th Day of January, 2016. 5

th Day of February, 2016.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature

Current Text: PDF

 

Updated: January 28, 2019

Votes on this Resolution

yes no abstained no vote