N.Y. Comp. Codes R. & Regs. Tit. 10 § 97.11 - Notice and filing requirements
(a) All notices, EIS's and other SEQR
documents shall be prepared, filed, circulated and made available as prescribed
in this section.
(b) Determination
of nonsignificance. In the case of all type I actions, a notice of
determination that an EIS will not be prepared, based on a determination that
the proposed action will not have a significant effect on the environment
(negative declaration), shall be prepared and filed as indicated below by the
department, if it is lead agency. The notice shall state that it is a negative
declaration for the purposes of article 8 of the Environmental Conservation
Law, shall state the name and address of the department and the name and
telephone number of a person who can provide further information, shall briefly
and precisely describe the nature, extent and location of the action, and shall
briefly state the reasons supporting determination. The department shall
maintain files of the written analyses and findings leading to their
determinations on all actions subject to SEQR. The notice of determination for
type I actions shall be filed simultaneously as follows:
(1) with the Commissioner of Environmental
Conservation at 50 Wolf Road, Albany, N.Y. 12233;
(2) with the appropriate regional office of
the Department of Environmental Conservation;
(3) in the office of the chief executive
officer of the political subdivision in which the action will be principally
located;
(4) in the department's
main office and appropriate regional or area office;
(5) if the action involves an applicant, with
the applicant;
(6) if other
agencies are involved in approval of the action, with each other agency. In
addition, the department may:
(i) file these
determinations with other agencies which may be affected by the action;
and
(ii) if it is deemed
appropriate upon consideration of all circumstances, provide for such public
notice of these determinations as shall afford the opportunity for public
response by: readily accessible files in department offices; posting on
signboards; incorporation in public notices otherwise required by law; or other
appropriate means.
(c) Determination of significance. In the
case of all type I and unlisted actions, a notice of determination that a draft
EIS will be prepared based on a determination that the proposed action may have
a significant effect on the environment (positive declaration), shall be
prepared and filed as indicated below by the department, if it is lead agency.
The notice shall state that it is a positive declaration for purposes of
article 8 of the Environmental Conservation Law, shall state the name and
address of the department and the name and telephone number of a person who can
provide further information, shall briefly and precisely describe the nature,
extent and location of the action, shall briefly describe the possible
significant environmental effects that have been identified and shall briefly
state the reasons supporting the determination. The department shall maintain
files of the written analyses and findings leading to its determinations. The
notice of determination shall be filed as prescribed in subdivision (b) of this
section.
(d) Notices of completion
of draft EIS's. Whenever a draft EIS has been prepared, a notice of its
completion shall be prepared and filed as indicated below by the department, if
it is lead agency. The notice shall state that it is a notice of completion of
a draft EIS, shall state the name and address of the department, and the name
and telephone number of a person who can provide further information, and shall
also contain the following:
(1) a brief and
precise description of the action covered by the statement, the location and
nature of its potential environmental impacts and effects;
(2) a statement indicating where and how
copies of the statement can be obtained from the department; and
(3) a statement that comments on the
statement are requested and will be received and considered by the department
at a given address for a stated period (not less than 30 calendar days from the
first filing and circulation of the notice of completion, or not less than 10
calendar days following a public hearing at which the environmental impacts of
the proposed action are considered).
The notice of completion shall be filed as prescribed in subdivision (b) of this section, and shall be sent to the State clearinghouse and the relevant regional clearinghouse designated under Federal Office of Management and Budget circular A-95.
(e) Draft EIS's. The draft EIS, together with
the notice of its completion, shall be filed and made available for copying as
follows:
(1) one copy with the Commissioner
of Environmental Conservation;
(2)
one copy with the appropriate regional office of the Department of
Environmental Conservation;
(3) one
copy with the chief executive officer of the political subdivision in which the
action will be principally located;
(4) one copy in the department's main office
and one copy in the appropriate regional or area office, if the department is
lead agency;
(5) if other agencies
are involved in the approval of the action, with each such agency;
(6) one copy with persons requesting it.
Where sufficient copies of a statement are not available, the department, if it
is lead agency, may charge a fee to persons requesting the statement to cover
its costs in making the additional statement available; and
(7) one copy with the Secretary of State
where the Department of Health action is in the coastal area.
(f) Notices of hearing. If the
department, as lead agency, determines that a hearing is to be held, then it
shall prepare a notice of hearing. Such notice shall specify the time, place
and purpose of the hearing, and shall contain a summary of the information
contained in the notice of completion of the draft EIS. The notice of hearing
shall be filed as prescribed in subdivision (b) of this section. A notice of
hearing may be given in the notice of completion of the draft EIS and 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.
(g) Notices
of completion of final EIS's. A notice of completion of a final EIS shall be
prepared by the department if it is lead agency. It shall state that it is a
notice of completion of a final EIS, shall state the name and address of the
department, if it is lead agency, and shall contain the items prescribed in
paragraphs (d)(1) and (2) of this section. It shall be filed as prescribed in
subdivision (b) of this section.
(h) Final EIS's. The final EIS, together with
the notice of its completion, shall be filed in the same manner as a draft
EIS.
(i) Copies of notices,
statements and findings required in this Part and prepared by the department
shall be retained in a file which is readily accessible for public
inspection.
Notes
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