New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.6 - Procedures prior to the preparation of draft EIS's; actions involving other agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Environmental review of actions involving applicants. Within 15 calendar days
				after the receipt of a complete application from an applicant, the authority
				shall conduct an environmental review of the proposed action to determine
				whether the action may or will not have a significant effect on the
				environment, applying the criteria contained in 6 NYCRR 617.9 and considering
				the lists of Type I and II actions in 6 NYCRR Part 617 and those actions in
				section 2500.16 of this Part. The
				authority shall provide written notification to the applicant of its
				determination whether the action may or will not have a significant effect on
				the environment. This notification will contain a copy of the environmental
				document review notice prepared by the authority as a result of its review of
				this proposed action.
(b)
				Environmental review of actions to be carried out or undertaken by the
				authority. As early as possible in the formulation and design of an action to
				be carried out or undertaken directly by the authority, an environmental review
				will be made of the proposed action to determine whether the action may or will
				not have a significant effect on the environment. This review shall be
				conducted, applying the criteria contained in 6 NYCRR 617.9 and considering the
				lists of Type I and II actions in 6 NYCRR Part 617 and those actions in section
				2500.16 of this Part. An
				environmental document review notice will be prepared to document the results
				of such analyses.
(c) Determination
				of no significant effect--negative declarations. If the authority determines
				that (1) the action is not an exempt action or a Type II action and that (2)
				the action will not have a significant effect on the environment, it shall
				prepare, circulate, file and make available for public inspection a negative
				declaration as provided in subdivisions (g) and (h) of this section. In
				addition, it shall prepare, file and make available for public inspection in
				the environmental management bureau and in the appropriate region of parks a
				statement setting forth the reasons supporting its determination together with
				a copy of the environmental document review notice prepared for the review of
				the action.
(d) Determination of
				significant effect--notice of determination. If the authority determines that
				(1) the action is not an exempt action or a Type II action, (2) that the action
				may have a significant effect on the environment and that (3) the action does
				not involve other agencies, the authority shall prepare, file and circulate a
				notice of determination as provided in subdivision (h) of this section, and, in
				the case of an action involving an applicant, shall immediately and in writing
				request the applicant to prepare a draft EIS. As soon as possible thereafter,
				the applicant shall notify the authority in writing who will prepare the draft
				EIS. In certain limited circumstances, the authority may cause to be prepared,
				the draft and final EIS's for an action involving an applicant only when the
				public interest will thereby be served and when practicable considering
				existing staff and resources. In such circumstances, the applicant shall
				provide, on the request of the authority, an acceptable environmental
				assessment to assist the authority in causing to be prepared the draft EIS. The
				applicant shall also supply such other information to the authority at any time
				as may be necessary for full compliance with this Part.
(e) If the authority determines that (1) the
				action is not an exempt action or a Type II action, (2) the action may have a
				significant effect on the environment and that (3) the action involves other
				agencies, the authority shall prepare and file a notice of determination as
				provided in subdivisions (g) and (h) of this section and shall at the same time
				notify such other involved agencies, including Federal agencies, of its
				determination, request the coordination of reviews by the agencies, and inform
				them of the need to resolve which agency shall be the lead agency. If it is
				determined that the authority is the lead agency, the procedures of subdivision
				(d) of this section relating to a request for a draft EIS and notification by
				the authority shall be followed.
(f) If the authority is not the lead agency
				for an action that may have a significant effect on the environment, it shall
(1) provide its views where appropriate and,
				to the extent practical, provide appropriate technical analysis and support;
				and
(2) make written findings
				pursuant to subdivision (b) of section
				2500.12 of this Part.