PARKS concluded their 2017 SEQR with a Conditional Negative Declaration (CND), which allowed PARKS to avoid a full EIS, and therefore avoid informing the public they had built this range prior to environmental review.
From the DEC SEQR Handbook
"A CND may not be used for projects where the lead agency is the applicant"
A State Agency acting as lead agency and applicant CANNOT conclude a SEQR with a finding of Conditional Negative Declaration. State Agencies can conclude either No Significant Impact, or Significant Impact which starts the full Environmental Impact Statement (EIS), but PARKS selected a conclusion they are by law not entitled to choose. Their 2017 SEQR submittal did not follow the law or the SEQR guidelines, and those flaws were the basis for a successful Article 78 lawsuit, closing the range.
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