N.Y. Comp. Codes R. & Regs. tit. 21 § 461.11

Current through Register Vol. 46, No. 50, December 11, 2024

Section 461.11 - Notices, circulation, filing and contents of SEQRA documents

(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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 461.11