INTRODUCTION 
This Draft Scoping Document has been prepared pursuant to the State Environmental Quality Review Act (“SEQR”), Article 8 of the New York Environmental Conservation Law and its implementing regulations at 6 NYCRR Part 617. It identifies and outlines the issues to be further studied and analyzed in a Draft Generic Environmental Impact Statement (“DGEIS”) for the proposed adoption and implementation of a Road Preservation Local Law in the Towns of Tusten, Cochecton, Bethel, Callicoon, Delaware, Highland, Lumberland & Rockland, in Sullivan County, New York. The proposal is being formulated by the Sullivan County Multi-Municipal Task Force (“MMTF”), being composed of the Towns of Tusten, Cochecton, Bethel, Callicoon, Delaware, Highland, Lumberland & Rockland, in Sullivan County, New York. The procedures for preparation and review of the DGEIS will follow the SEQR regulations in 6 NYCRR 617.9, 617.10 and 617.12.

The proposal was originally presented to the MMTF member Towns in 2009 and again in May and June of 2010. The proposal has been classified as a Type I  Action pursuant to section 617.4(b) of the SEQR regulations. The MMTF member Towns assumed SEQRA “Lead Agency” status for the coordinated environmental review of the proposed action and issued a positive declaration, determining that a DGEIS should be prepared in accordance with SEQRA section 617.7.

Pursuant to section 617.8 of the SEQR regulations, the scope of the DGEIS shall be limited to issues identified herein.  Final Scoping of the DGEIS has been conducted. The MMTF submitted the Draft Scoping Document to Involved and Interested agencies and the public in June 2010 and a public scoping session was held in July 2010. A “Notice of Project Scoping” was published in the Sullivan County Democrat and River Reporter, as well as the Environmental Notice Bulletin maintained online by the NYS Department of Environmental Conservation. The Draft Supplemental Scoping Document was also available for public review at each of the MMTF member Town Halls. Written comments were accepted by the MMTF member Towns until the close of business on August 2, 2010. No public comments were received.

Background

The Road Use & Prevention (RUP) Program presented herein was developed as a result of initiatives undertaken by a Multi Municipal Task Force (MMTF) of Towns located in Sullivan County, New York in response to public concerns about the potential impacts of large construction and development projects to local roads. The resulting program is a nondiscriminatory approach to road protection for municipalities faving a heavy construction traffic which may overload roads beyond normal wear and tear traffic thresholds, regardless of the activity or industry generating the traffic. Other examples may include, but are not limited to, activities such as wind farm development, mineral extraction, or large scale commercial or residential development. Any municipality, state, or federal agency confronted with such circumstances may find that the RUP Program presented herein is a solution to managing the impacts of heavy traffic on their roads.

The MMTF was formed at a municipal level when, on September 4, 2008, the Upper Delaware Council (UDC) awarded a Technical Assistance Grant to its member Towns of Tusten, Cochecton, Delaware, and Highland to complete a formal study and produce a report of the potential impacts of Marcellus Shale natural gas drilling. Shortly after the UDC grant was awarded, the UDC member Towns of Lumberland and Fremont also joined the effort. Finally, the western Sullivan County Town of Callicoon chose to participate. Together, these seven Towns comprised the founding members of the MMTF. It should be noted that Sullivan County Division of Planning & Environmental Management assisted the Towns in obtaining the grant and coordinated the initial year long project. An engineering firm was retained to evaluate the nature and condition of the municipal roads owned by the MMTF participating towns. The initial study provided specific recommendations for how to prepare for an implement a Road Use & Preservation Program. In accordance with study recommendations, the MMTF commissioned follow up work by Delta Engineers, Architects, and Land Surveyors, PC (Delta) and Whiteman, Osterman, and Hanna LLP (WOH) to develop a comprehensive RUP Program for implementation by its municipalities. Presented in this manual is a comprehensive description of the RUP Program, which is a three phase process. This manual provides various legal, engineering, and administrative requirements associated with implementation of each of the Program’s three phases.