New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter X - Power Authority Of The State Of New York
Part 461 - Implementation Of The State Environmental Quality Review Act
Section 461.11 - Notices, circulation, filing and contents of SEQRA documents
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 461.11
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Notices of negative declarations and positive declarations shall:
(1) contain the following:
(i) a statement that it is a negative or
positive declaration, as appropriate, for the purposes of article 8 of the
Environmental Conservation Law;
(ii) the name and address of the lead
agency;
(iii) the name and
telephone number of a person at the Power Authority who can provide further
information;
(iv) the nature and
extent of the action and the action identifying number or name;
(v) the location of the action (county and
city, town or village);
(vi) a
brief description of the action;
(vii) in the case of a negative declaration,
a brief explanation supporting the determination that the action will not have
a significant effect on the environment; and
(viii) in the case of a positive declaration,
a brief description of the possible significant environmental effects that have
been identified, and a brief statement of the reasons supporting the
determination; and
(2)
be filed as follows:
(i) electronically at
enb@gw.dec.state.ny.us and also with the Division of Environmental Permits,
Department of Environmental Conservation, 625 Broadway, Albany, NY
12233-1011;
(ii) with the
appropriate regional office of the Department of Environmental
Conservation;
(iii) in the office
of the chief executive officer of the political subdivision in which the action
will be principally located;
(iv)
in the main office and appropriate regional office of the lead
agency;
(v) if the action involves
an applicant, with the applicant;
(vi) if other agencies are involved in
approval of the actions, with each other agency; and
(vii) at the Power Authority's headquarters
office and at any local offices or projects in the area affected by the
activity;
(viii) by delivery to any
person who has requested a copy.
(b) Notices of completion of the draft EIS shall:
(1) contain the following:
(i) a statement that it is a notice of
completion of a draft EIS;
(ii) the
name and address of the lead agency;
(iii) the telephone number of a person who
can provide further information;
(iv) the location of the action (county and
city, town or village);
(v) a brief
description of the action and the nature of its potential environmental impact
statement;
(vi) a statement
indicating where and how copies of the statement can be obtained;
(vii) a statement that comments on the draft
EIS are requested and will be received and considered by the director. The
notice shall specify the public comment and review period on the draft EIS.
Such period shall be not less than 30 calendar days from the date of filing and
circulation of the notice, or not less than 10 calendar days following any
public hearing on the draft EIS; and
(viii) notice of hearing, if applicable;
and
(2) be filed as
follows:
(i) at the locations set forth in
paragraph (a)(2) of this section;
(ii) with the Department of Environmental
Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY
12233-1750; and
(iii) for actions
in the coastal zone, with the Secretary of State.
(3) If the director determines that a hearing
is to be held:
(i) a notice of hearing may be
made as part of the notice required by subdivision (b) of this section or
separately, providing the information as specified in subdivision (b) is
contained in the notice of hearing;
(ii) the notice of hearing shall specify the
time, place and purpose of the hearing and a summary of the information
contained in the notice of completion of the draft EIS; and
(iii) the notice of hearing shall be
published at least 14 calendar days in advance of the hearing date in a
newspaper of general circulation in the area of the potential impacts and
effects of the action.
(c) One copy of all draft EIS's prepared by or at the request of the Power Authority and made available for public inspection as follows:
(1) at the locations
set forth in paragraph (a)(2) of this section;
(2) shall be filed with persons requesting
it. Where sufficient copies of a statement are not available, the Power
Authority may charge a fee to persons requesting the statement to cover its
costs in making the additional statement available; and
(3) for actions in the coastal zone, with the
Secretary of State.
(d) The final EIS, together with the notice of its completion, shall be filed in the same manner as a draft EIS.
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