(a) If the agency determines that an action is a type I action or unlisted action subject to SEQR and will not have a significant effect upon the environment, it shall prepare, maintain and file a notice of determination that an EIS will not be prepared (“negative declaration”) and written analyses and findings supporting such determination in accordance with 6 NYCRR sections 617.7 and 617.12 and in the file referred to in subdivision (b) of this section.

(b) In order to afford the opportunity for public notice and response, the agency will keep a separate file, updated monthly, containing a brief description of determinations made pursuant to this section, and will incorporate reference to the negative declaration in other notices required by law in connection with the action.