A.
Lead agency procedures when a single agency is involved. An agency
will be the lead agency when it proposes to undertake or receives
an application for funding or approval of a Type I or unlisted action
that does not involve another agency.
(1)
If the agency is directly undertaking the action, it shall determine
the significance of the action as early as possible in the design
or formulation of the action.
B.
Lead agency procedures when more than one agency is involved.[2]
(1)
For all Type I actions and for coordinated review of unlisted actions
involving more than one agency, a lead agency must be established
prior to a determination of significance. For unlisted actions where
there will be no coordinated review, the procedures in Section 617.6(b)(4)
of Part 617 must be followed.
(2)
When an agency has been established as the lead agency for an action
involving an applicant and has determined that an EIS is required,
it must, in accordance with Section 617.12(b) of Part 617, promptly
notify the applicant and all other involved agencies, in writing,
that it is the lead agency and that an EIS is required.
(3)
The lead agency shall continue in that role until either a negative
declaration is filed, a findings statement is filed, or a lead agency
is reestablished in accordance with Section 617.6(b)(6) of Part 617.
C.
Time periods for coordinated review.
(1)
When an agency proposes to directly undertake or receives an application
for funding or approval for a Type I action or an unlisted action
undergoing coordinated review in which other agencies are involved,
it shall, as soon as possible, mail the EAF, with Part I completed
by the project sponsor, or a draft EIS and a copy of any application
it has received to all involved agencies, notifying them that a lead
agency must be agreed upon within 30 calendar days of the date the
EAF or draft EIS was mailed to them.
(2)
The lead agency shall determine the significance of the action within
20 calendar days of its establishment as lead agency or within 20
calendar days of its receipt of all information it may reasonably
need to make the determination of significance, whichever occurs later,
and shall immediately file the determination in accordance with Section
617.12 of Part 617.[3]
D.
Uncoordinated review for unlisted actions involving more than one
agency.
(1)
As early as possible in the formulation of plans for an unlisted
action, and before any authorization is granted which commits an agency
to a particular action, or within 20 calendar days of its receipt
of an application and an EAF and other reasonably necessary information,
an agency shall make a determination of significance.[4]
(3)
When an agency determines that an unlisted action will not have a significant effect on the environment, the coordinated review and notification procedures set forth in Subsections B and C of this section are optional. For uncoordinated review of unlisted actions, each involved agency must make its own determination of significance. Each involved agency is considered a lead agency when making its determination. At any time prior to an agency's final decision, that agency's negative declaration may be superseded by a positive declaration issued by any other involved agency.
E.
Actions for which lead agency cannot be agreed upon.
(1)
If, within the 30 calendar days allotted for establishment of a lead
agency, the involved agencies are unable to agree upon which agency
shall be the lead agency, any involved agency or the applicant may
request, by certified mail or other form of receipted delivery to
the Commissioner, that a lead agency be designated. Simultaneously,
copies of the request must be sent by certified mail or other form
of receipted delivery to all involved agencies and the applicant.
Any agency raising a dispute must be ready to assume the lead agency
functions if such agency is designated by the Commissioner.
(2)
The request must identify each involved agency's jurisdiction over the action and all relevant information necessary for the Commissioner to apply the criteria in Subsection E(5) and must state that all comments must be submitted to the Commissioner within 10 calendar days after receipt of the request.
(3)
Within 10 calendar days of the date a copy of the request is received by them, involved agencies and the applicant may submit to the Commissioner any comments they may have on the issue. Such comments must contain the information indicated in Subsection E(2).
(4)
The Commissioner shall designate a lead agency within 20 calendar
days of the date the request is received or within 20 calendar days
of the receipt of any supplemental information the Commissioner has
required, based on a review of the facts, the criteria below, and
any comments received.
(5)
The following criteria, in order of importance, shall be used by
the Commissioner to designate a lead agency:
(a)
Whether the anticipated impacts of the action being considered
are primarily of statewide, regional, or local significance (i.e.,
if such impacts are of primarily local significance, all other considerations
being equal, the local agency involved shall be lead agency);
(b)
Which agency has the broadest governmental powers for investigation
of the impact of the proposed action and the most thorough environmental
assessment of the proposed action.
(6)
Notification of the Commissioner's designation of a lead agency
shall be mailed to all involved agencies and the applicant.
A.
When any agency, department, body, board, or officer of the Village
of Mineola contemplates directly carrying out, funding, or approving
any Type I action, a full environmental assessment form (EAF) must
be prepared by it or on its behalf. When an unlisted action is contemplated,
either a full or short-form EAF, as appropriate, must be prepared.
The EAF forms given in Appendixes A and B of Part 617 will be used
as models, but may be modified to meet the needs of particular cases.
However, the final scope of such a modified EAF must be at least as
comprehensive as the scope of the model forms.
B.
When any person submits an application for funding or a permit or
other approval of a Type I or unlisted action to any agency, department,
body, board, or officer of the Village of Mineola, an EAF must accompany
the application. For Type I actions, a full EAF must be prepared;
for unlisted actions, either a full EAF or the short form may be used,
as appropriate. An applicant may choose to prepare a draft EIS in
place of an EAF.
C.
Determining significance.
(1)
The lead agency must determine the significance of any Type I or
unlisted action in writing in accordance with Sections 617.6 and 617.7
of Part 617. The determination must be made within 20 days of its
designation as lead agency or within 20 days of its receipt of all
information it requires, whichever is later.[1]
(a)
To require an EIS for a proposed action, the lead agency must
determine that the action may include the potential for at least one
significant environmental effect.
(b)
To determine that an EIS will not be required for an action,
the lead agency must determine either that there will be no environmental
effect or that the identified environmental effects will not be significant.
(2)
For all Type I and unlisted actions, the lead agency making a determination
of significance must:
(c)
Thoroughly analyze the identified relevant areas of environmental
concern to determine if the action may have a significant effect on
the environment; and
(d)
Set forth its determination of significance in a written form
containing a reasoned elaboration and providing reference to any supporting
documentation.
D.
Conditioned negative declarations.
(1)
For unlisted actions involving an applicant, a lead agency has the
option to issue a conditioned negative declaration of significance
(CND), provided that:
(a)
A full EAF has been prepared;
(c)
The SEQR conditions imposed pursuant to Section 617.3(b) of
Part 617 have eliminated or adequately mitigated all significant environmental
impacts and are supported by the full EAF and any other documentation;
(d)
Notice of a CND has been published in the Environmental Notice
Bulletin (ENB), and a minimum thirty-day public comment period has
been provided. The notice must state what conditions have been imposed;
and
(2)
A draft EIS must be prepared if comments are received regarding the
proposed CND which would support a positive declaration concerning:
(3)
The lead agency must require an EIS if requested by the applicant.
E.
Rescission of negative declarations. At any time prior to its decision
to undertake, fund or approve an action, a lead agency must rescind
a negative declaration if it determines that a significant environmental
effect may result from a project modification or that there exists
a change of circumstances which was not previously addressed. Prior
to any rescission, the lead agency must inform other involved agencies
and the applicant and must provide a reasonable opportunity for the
applicant to respond.
Scoping may be initiated by the lead agency or at the request
of the applicant in accordance with Section 617.8 of Part 617.
A.
If, based on review of the EAF and other information, the lead agency
determines that the proposed action may be environmentally significant,
then an EIS must be prepared.
B.
If an EIS is required, the lead agency must proceed as provided in
Sections 617.9, 617.11, and 617.12 of Part 617. The draft EIS will
normally be prepared by the applicant. If the applicant fails to prepare
a draft EIS, or prepares a draft EIS which is unacceptable to the
lead agency, the lead agency may either prepare a draft EIS itself,
discontinue further processing until the applicant can provide an
acceptable draft EIS, or deem the application abandoned and discontinue
review.[1]
C.
If a public hearing is held on the draft EIS, it must, whenever possible,
be concurrent with any other hearing on the application.
A.
The fees for review or preparation of an EIS involving approval or
funding of an action are established as follows:
(1)
Upon
the initial submission of filing an application to the lead agency,
the applicant shall submit a fee in an amount as set from time to
time by resolution of the Board of Trustees.
(2)
If
the lead agency determines that a draft environmental impact statement
is necessary, the applicant, at the time of submission of the draft
environmental impact statement, shall also submit an additional fee
in an amount as set from time to time by resolution of the Board of
Trustees.
(3)
If
the lead agency requires a final environmental impact statement, the
applicant, at the time of filing the final environmental impact statement,
shall also submit a fee, in addition to the other fees, in an amount
as set from time to time by resolution of the Board of Trustees.
B.
In addition to the fees set forth above, the applicant shall pay
to the lead agency a fee permitting such body to recover the actual
costs of preparing or reviewing a draft environmental impact statement
pursuant to the provisions of Part 617 of Title 6 of the New York
Codes, Rules and Regulations. In no event shall the costs exceed the
limits set forth in Section 617.13 of Part 617.
