RULES AND REGULATIONS: Part 645
(Statutory authority: Environmental Conservation Law Sections 8-0113, 43-0107, 43-0125, 71-3303, 71-3305 and 71-3307; State Administrative Procedure Act Section 305)
STATE ENVIRONMENTAL QUALITY REVIEW
645-3.1 Purpose and Intent
645-3.2 Relation to Part 617
645-3.3 Cooperative Agreements
645-3.4 Environmental Review Procedures
645-3.5 Type I Actions
645-3.6 Type II Actions
645-3.7 Criteria for Determining Significance
645-3.8 Critical Environmental Area
Section 645-3.1 Purpose and Intent. The purpose of this Subpart is to implement the provisions of SEQR relative to actions directly undertaken, funded or approved by the Commission, other than exempt or excluded actions, and to otherwise implement SEQR to the fullest extent possible to ensure that the resources of the Park are protected to the maximum extent possible.
Section 645-3.2 Relation to Part 617.
(a) Unless otherwise specifically defined in Subpart 645-1, the terms utilized in this Subpart shall have the same meaning as defined in Part 617 of this Title.
(b) Unless specifically provided herein, SEQR shall be administered in accordance with Part 617 of this Title.
Section 645-3.3 Cooperative Agreements.
(a) The Commission shall offer assistance to local agencies within the Park regarding the implementation of SEQR.
(b) In order to carry out the purposes and objectives of SEQR to the fullest extent possible, and to encourage the orderly administration of SEQR where the implementation of SEQR involves more than one agency, the Commission may enter into cooperative agreements with other agencies regularly involved in carrying out or approving the same actions or classes of actions. No such agreement shall provide for the delegation to or from the Commission of any duty imposed upon the Commission or another agency to make its own independent SEQR determinations, but may include an agreement as to lead agency status among involved agencies regarding particular actions or classes of actions.
Section 645-3.4 Environmental Review Procedures.
(a) As early as is possible in the Commission's formulation of an action it proposes to undertake, or as early as is possible after the Commission receives an application for funding or approval of an action, the Commission shall fulfill all of its responsibilities under SEQR.
(b) No application for a permit or an approval from the Commission which is subject to the provisions of SEQR shall be complete until:
(1) a short or long EAF is filed with the Commission, as required by SEQR;
(2) the lead agency has been designated pursuant to SEQR, if required;
(3) it has been determined whether or not the action may have a significant effect on the environment and a positive or negative declaration has been issued; and
(4) if it has been determined that a project may have a significant effect on the environment, a DEIS has been accepted by the lead agency.
(c) All actions shall be processed in accordance with the procedures specified in Part 617 of this Title.
(d) If the Commission determines to conduct a public hearing in accordance with the requirements of Section 617.8 (d) of this Title, the hearing shall be coordinated with any hearing held pursuant to the requirements of Subpart 645-5.
Section 645-3.5 Type I Actions. Type I actions shall include all actions designated as Type I in Section 617.12 of this Title.
Section 645-3.6 Type II Actions. Type II actions shall include those actions listed in Section 617.13 of this Title, and the following:
(a) any annual registration with the Commission;
(b) the construction of a single residential dock, wharf or mooring and construction which alters, modifies, enlarges or expands an existing dock, wharf or mooring, provided that the structure is not located in a wetland, fish spawning area, an area of significant wildlife habitat, or an area of unique scenic, historic or natural significance;
(c) the erection of a sign;
(d) issuance of a wastewater system inspection compliance permit;
(e) issuance of a permit to operate a wastewater system;
(f) issuance of an interim permit to operate a wastewater system;
(g) issuance of a permit to construct a wastewater system;
(h) issuance of special permits for tour boats, parasails and seaplane berthing when such were in continuous use prior to January 1, 1991; and
(i) issuance of stormwater management permits for minor projects as defined in Section 646-4.10 (a) of this Title.
Section 645-3.7 Criteria for Determining Significance. The criteria for determining the significance of the action shall be those specified in Section 617.11 of this Title. In addition, the Commission shall evaluate potential cumulative impacts of an action upon the resources of the Park in relation to established uses and foreseeable uses of those resources. The evaluation of cumulative impacts shall include, but not be limited to, the consideration of foreseeable impacts on water quality (including ground water which flows into the waters of the Park), air quality, traffic and congestion (both land and water based), and the aesthetic impacts of actions, including such impacts as may be visible from the waters of Lake George.
Section 645-3.8 Critical Environmental Area. The Commission hereby designates the waters of Lake George, all land lying under such waters and within 500 feet of the mean high-water mark of such waters, and wetlands located adjacent to the waters of Lake George and all land within 500 feet of such wetlands to be a critical environmental area pursuant to Section 617.4 (h) of this Title.