Lead Agency Dispute: Town of Orleans v. DEC
New York State Department of Environmental Conservation
Commissioner's Determination of Lead Agency
under Article 8 of the
Environmental Conservation Law
PROJECT: Thousand Islands Family Theme Park Town of Orleans, Jefferson County, New York
1. Pursuant to the provisions of 6 NYCRR Part 617.7(e), when agencies involved in carrying out or approving an action that is subject to Article 8 of the Environmental Conservation Law ("SEQR") are unable to agree on which agency shall be the lead agency, any involved agency may submit the question to the Commissioner of Environmental Conservation, who shall, within 12 business days, designate a lead agency on the basis of the criteria contained in 6 NYCRR Part 617.6(d).
2. On October 5, 1979, I received a statement from the Supervisor of the Town of Orleans, dated October 1, 1979, identifying that all involved agencies in connection with the above-referenced project have been unable to mutually agree upon the designation of a lead agency, and requesting that the Commissioner of this Department designate the lead agency.
3. The request had insufficient information upon which to base a decision. Department staff contacted Town Supervisor Ralph Timerman; Richard Mylius of the St. Lawrence Eastern Ontario Commission; and John Kenna, Regional Supervisor of Regulatory Affairs (DEC) for pertinent information regarding the project.
4. Based upon a careful consideration of the facts in this case, a lack of comment by any agency or party and the criteria for lead agency contained in 6 NYCRR Part 617.6(d), I hereby designate the Town of Orleans as lead agency for purposes of SEQR in connection with the project for the following reason:
- The likely environmental impacts of the action are primarily of a local rather than statewide or regional significance.
Robert F. Flacke Commissioner
Dated: October 17, 1979
Albany, New York
Distribution of Copies:
- John Wilson, Regional Director, DEC
Irwin King, Assistant Commissioner, DEC
Terry Curran, Division Director, DEC
Jerry Jensen, Bureau Chief, SEQR Coordinator, DEC
Tom Ulasewicz, Counsel, DEC
Ralph Timerman, Supervisor, Town of Orleans
Charles Lyman, Regional Director, New York State Dept. of Transportation
William Tyson, Director, St. Lawrence-Eastern Ontario Commission
Vince Dee, Chairman, Thousand Island Bridge Committee
Steven Powers, District Director, New York State Department of Health
Robert H. Austin, Chairman, Board of Supervisors
James A. Merritt, Clerk of the Board
Clifford M. Montgomery, Chairman, Planning Committee
Gordon Cerow, Chairman, Thousand Island Bridge Committee
Fred Aufschlager, Director, Black River-St. Lawrence R.P.B.
Philip Lader, President, Sea Pines Association
Charles Elliott, Regional Director, New York State Department of Health
Robert A. McNary, Director, Jefferson County Planning Department
Eugene Kleinhans, Chairman, Orleans Town Board of Appeals
Harley Mills, Superintendent, Orleans Highway Department.