Step 3: Coordinate Review
Type I Actions
Coordinated Review is required for all Type I Actions.
The involved agency initially receiving an application for approval circulates the completed Part 1 of the full EAF and any other information supplied by the applicant to the other involved agencies.
All involved agencies should be identified by the applicant in the full EAF
(Part 1B, questions 24 & 25).
If only one agency is approving, funding or directly undertaking an action, that agency is automatically the lead agency. If there are two or more involved agencies, the involved agencies must agree on a lead agency within 30 calendar days. If any involved agency desires to be lead agency, it can indicate in the coordination request its willingness to act as lead agency, by stating that if no response is received within 30 days, it will assume the role of lead agency.
If the lead agency cannot be agreed on within 30 calendar days, any of the involved agencies or the applicant can ask the Commissioner of the Department of Environmental Conservation to resolve the dispute by designating the lead agency. [see 617.6(b)(5)] When the lead agency has been established / designated, proceed to step 4.
Three options apply to Unlisted Actions:
- Coordinated Review Option:
If any involved agency decides to coordinate the review, or intends to require a draft E.I.S., that agency must contact the other involved agencies informing them of the decision to coordinate. The involved agencies should be identified by the applicant in either the short EAF, (part 1, question 10) or the full EAF (Part 1B, questions 24 & 25).
Coordination then occurs using the procedures for coordinating a Type I action - the only difference between coordinating a review for a Type I Action and an Unlisted Action is that either a short EAF or a full EAF may be used with an Unlisted Action.
- Uncoordinated Review Option:
Each involved agency acts as a lead agency, and independently conducts an environmental review and determines the significance of the action. (Step 4) If all involve agencies issue negative declarations, the project may go forward. If any of the involved agencies issues a positive declaration, requiring an EIS, all the other determinations of non significance are superseded and a coordinated review must commence.
- Conditioned Negative Declaration Option:
If during the review of an application and the EAF submitted by an applicant on an Unlisted Action, an involved agency determines that the potentially significant impacts could be eliminated or reduced to a non significant level through imposed conditions, the agency may consider using the Conditioned Negative Declaration (CND) process. Use of this process requires a full EAF and coordinated review. For a brief discussion of the CND process see step 4b.