City of Lackawanna local waterfront revitalization program

[From the U.S. Government Printing Office, www.gpo.gov]

City of Lackawanna
Local Waterfront ReVitalization Program

Adopted:
City of Lackawanna City Council, June 19, 1989

Approved:
NYS Secretary of State Gail S. Shaffer, June 21, 1989

Concurred:
U.S. Office of Ocean and Coastal Resource Management, February 13, 1990

MAY 2 4 i990

mslo@

STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, N.Y. 12231 -0001
GAIL S. SHAFFER
SECRETARY OF STATE
May 21, 1990

Mr. James Burgess, Chief
Coastal Programs Division
Office of Ocean and Coastal
Resource Management
1825 Connecticut Avenue, NW
Washington, DC 20235

Dear Mr. Burgess:

Enclosed is the City of Lackawanna Local Waterfront Revitalization
Program (LWRP). The LWRP has been adopted by the municipality and approved
by the New York State Secretary of State. In addition, your office has
--concurred on its incorporation into the State's Coastal Management Program-
as a routine program implementation action. Copies of this document are
also being transmitted to State agencies, as well as selected federal,
county, and local agencies.

Should you have any questions or concerns regarding this document, feel
free to contact either myself or Charles McCaffrey of this office at
.L J.
(518) 474-6000.

Sincerely,

GeLrgJ R. Stafford
Di.i@ecLor
Division of Coastal Resource
and Waterfront Revitalization

GRS:gn

Enclosure
@
M @AY '2 4

City of Lackawanna
Local Waterfront Revitalization Program

U . S . DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
2234 SOUTH HOBSON AVENUE
CHARLESTON , SC 29405-2413

ProPerty of CSC Library

Adopted:
City of Lackawanna City Council, June 19, 1989

Approved.
NYS Secretary of State Gail S. Shaffer; June 21, 1989

Concurred:
U.S. Office of Ocean and Coastal Resource Management, February 13, 1990

This Local Waterfront Revitalization Program
has been adopted and approved in accordance
with the provisions of the Waterfront
Revitalization and Coastal Resources Act of
1981 (Executive Law, Article 42) and its
implementing regulations (6 NYCRR 601).
Federal concurrence on the incorporation of
this Local Waterfront Revitalization Program
into the New York State Coastal Management
Program as a Routine Program Implementation
has been obtained i n accordance with the
provisions of the U.S. Coastal Zone
Management Act of 1972 (P.L. 92-583), as
amended, and its implementing regulations
(15 CFR 923).

The preparation of this program was
financially aided by a federal grant from
the U.S. Department of Commerce, National
Oceanic and Atmospheric Administration,
Office of Ocean and Coastal Resource
Management, under the Coastal Zone
Management Act of 1972, as amended.
Federal Grant No. NA-82-AA-D-CZ068.

The New York State Coastal Management
Program and the preparation of - Local
Waterfront Revitalization Programs are
administered : by . the New York State
'Department at
of Sf- e, Division of Coastal
Resources and' Revitalization,
162 Washington Avenue, New York 12231.

STATE OF NEW YORK
DEPARTMENT OF STATE

ALBANY. N.Y. 12231 -0001
GAIL S. SHAFFER
SECRETARY OF STATE

June 21, 1989

Honorable Thomas E. Radich
Mayor, City of Lackawanna
City Hall
714 Ridge Road
Lackawanna, New York 14218

Dear Mayor Radich:

It is with great pleasure that I inform you that, pursuant to the
Waterfront Revitalization and Coastal Resources Act, I have approved the
City of Lackawanna's Local Waterfront Revitalization Program (L'dRP). The
City is to be commended for its thoughtful and energetic response to
opportunities presented along its waterfront.

I will notify State agencies shortly that I have approved the City's LWRP
and will provide them a list of their activities which must be undertaken
in a manner consistent to the maximum extent practicable with the
Lackawanna T.WRP.

Agaiu, I would like to commend the City of Lackawanna on its efforts to
develop the LWRP and look forward to working with you in the years to come
as you endeavor to revitalize your waterfront.

Sincerely,

Gail S. Shaffer
GSS:gn

UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL OCEAN SERVICE
"Arls Of OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT
Washington, D.C. 20235

FEB
@TATE
AMS

George Stafford V
Director
Division of Coastal Resources
and Waterfront Revitalization
Department of State
162 Washington Street
Albany, N.Y. 12231

Dear Mr. Stafford:

The Office of Ocean and Coastal Resource Management concurs with
your request to incorporate the City of Lackawanna Local
Waterfront Revitalization Program (LWRP) into the New York State
Coastal Management Program as a Routine Program Implementation
(RPI) change. We received comments from six Federal agencies,
none objecting to incorporating the LWRP as a RPI. This approval
does not include the Smokes Creek Shoals Significant Fish and
Wildlife Habitat, as it is outside the boundary. We assume you
will submit it with a package of other Fish and Wildlife Habitats
after the public notice and review requirements are met.

In accordance with the Coastal Management Regulations, 15 CFR
923.84, Federal consistency will apply to the City of Lackawanna
LWRP after you publish notice of our approval.

Sincerely,
4
hy R.E. Keeney
'D tor

RESOLUTION NO. 29 , 1989

WHEREAS, the City of Lackawanna applied for,
and was awarded, a grant by the New York State Department
of State for preparation of a Local Waterfront Revitalization
Program, and entered into a contract with the Department
of State on August 1, 1983; and

WHEREAS, a Draft Local Waterfront Revitalization Program
and Draft Environmental Impact Statement, prepared on
behalf of the City by the Erie County Department of Environment
and Planning, were accepted by the City and forwarded
to the Department of State for review by federal, State,
and local agencies pursuant to the requirements of Article
42 of the Executive Law and the State Environmental Quality
Review Act; and

WHEREAS, a Final Environmental Impact Statement
was accepted by the City Council as complete;

NOW, THEREFORE, BE IT

RESOLVED, that the City Council of the City of Lackawanna.
hereby adopts the City of Lackawanna Waterfront Revitalization
Program, and authorizes the Mayor to submit said Program
to the New York State Secretary of'State for approval pursuant
to Article 42 of the Executive Law.

THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.

Dated: June 19, 1989
Lackawanna, New York 'n

gin

rn
C@'
Cn

rn
EDWARD TOKARZ, COUNCIL PRES
PR@ES

%'-'ITY OF LACKAWANNA

LOCAL WATERFRONT REVITALIZATION PROGRAM

Prepared with the assistance of the
Erie County Department of Environment and Planning

This report was prepared for the New York State Department of State Coastal
Management Program with financial assistance from the Off ice of ocean and Coastal
Resource Management, National Oceanic and Atmospheric Administration, provided
under the Coastal Zone Management Act of 1972, as amended.

Federal Grant Number NA-82-AA-D-CZ068

TABLE OF CONTENTS

Section PAGE

introduction

1. Waterfront Revitalization Area Boundary
-- Narrative description 1-3

Ii. inventory and Analysis

A. Introduction 11- 3
B. Physical Status 11-3 - 11-23
1. Land Use and Buildings 11-3 - 11- 4
Transportation and Utilities 11-4 - II-10
3. Topography II-10
4. Soils II-10
S. Hydrology, Flooding, and Erosion II-10 - 11-15
6. Off-Shore Conditions 11-15
7. Air and Water Quality 11-15 - 11-16
S. Fish and Wildlife Habitats 11-16 - 11-18
9. Zoning 11-18
10. Historical and Archaeological Sites 11-18
11. 'Public Access and Recreation 11-18 - 11-23
12. Water-Dependent Uses 11-23
13. Aesthetics 11-23

C. Major Recent and Planned Improvements 11-23 11-24

D. Critical Issues 11-24

Appendix - Smokes Creek Shoals Habitat

III. Waterfront Revitalization Program Policies

A. Development Policies 111- 3 - 111- 9
B. Fish and Wildlife Policies 111- 9 - 111-13
C. Flooding and Erosion Policies 111-13 - 111-17
D. General Policy 111-17
E. Public Access Policies 111-17 - 111-21
F. Recreation Policies 111-21 - 111-23
G. Historic and Scenic Resources Policies 111-23 - 111-25
H. Agricultural Lands Policy 111-25
1. Energy and Ice Management Policies 111-25 - 111-27
J. Water and Air Resources Policies 111-27 - 111-30

IV. Proposed Land and Water Uses

A. Land Uses IV- 3 - IV- 4
B. Water Uses IV- 4 - IV- 5

Table of Contents (cont.)

V. Techniques For Local Implementation

A. Local Laws and Regulations Necessary to V- 3 - V- 6
Implement the LWRP
B. Additional Local Laws Adopted V- 6
C. Other Public and Private Actions V- 6 - V- 8
D. Management Structure Necessary To V- 8 - V- 9
Implement the LWRP

VI. State and Federal Actions and Programs Likely
to Affect Implementation

A. State and Federal Actions and Programs Which VI- 4
Should be Undertaken Consistent with the LWRP

1. State Agencies VI- 4 - VI-16
2. Federal Agencies VI-17 - VI-24

B. Federal and State Actions and Programs VI-24 - VI-26

VII. Consultation With other Affected Federal,
State, Regional and Local Agencies

Method VII- 3
2. Erie County Waterfront Task Force Meetings VII- 3
3. Technical Consultations VII- 4
4. Written Communication VII- 5
5. Review of Draft LWRP by State, Federal, VII- 5
and Local Agencies

VIII. Activities to Secure Local Commitment

Appendix A - Stream Classification Descriptions
Appendix B - Local Consistency Law
Appendix C - M-D Zoning District
Appendix D - Guidelines for Local Review of
State and Federal Actions

List of Maps

Map Pag

I - Regional Setting ii

1A - Coastal Boundary 1- 5

2 - Character/Neighborhoods 11- 5

3 - Existing Uses 11- 7

4 - Soils

5 - Hydrology/Erosion 11-13

SA - Smokes Creek Shoals 11-19

6 - Existing Zoning 11-21

7A - Economic Opportunity Zone 11-25

7 - Land Use Plan IV- 7

8 - Illustrative Site Plan IV- 9

CITY OF LACKAWANNA

INTRODUCTION

The City of Lackawanna occupies 6 square miles of land in Erie County, extending
two miles along the shore line of Lake Erie. The City is bordered on the north
by the City of Buffalo, on the east by the Town of West Seneca, on the south by
the Towns of Orchard Park and Hamburg, and on the west by Lake Erie. The
population of the City is roughly 23,000. See Map 1 on the following page which
displays Lackawanna's regional setting.

Lackawanna's development resulted directly from the construction of the Bethlehem
Steel Plant on the shores of Lake Erie in the early 1900's. This massive
industrial complex of 1300 acres occupies nearly one-third of the City's total
land area, as well as the entire Lackawanna shoreline. At its peak in the 1950's
and 1960's, the plant employed 23,000 workers. At that time, the population of
Lackawanna approached 30,000. However, Bethlehem Steel began a shutdown of
operations at the plant in 1982; today, most of the facility is idle and
employment has been cut to less that 2,000.

with the exception of tho Bethlehem complex, MoSt of Lackawanna is occupied by
low-to-medium density residences. The eastern third of the City is characterized
by newer construction (i.e. post-World War II); the western portion of the City
was largely developed between 1900 and 1930. Major concentrations of commercial
development occur along Ridge Road, South Park Avenue, and Abbott Road.
Extensive rail yards occupy over 500 acres of land in the central and southeast
.portions of the City.

Town of Grand Island

City of Tonawanda

Town of Tonawanda

CANADA

City of Buffalo

CITY OF LACKAWANNA

'Town
of
Hamburg'

Town of Evans, N

Town of Brant

ERIE COUNTY

MAP I
LOCAL WATERFRONT REVITALIZATION PROGRAM
REGIONAL

ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING
SETTING

CITY OF LACKAWAtINA

1 0

SECTION I

WATERFRONT REVITALIZATION
0 AREA BOUNDARY

CITY OF LACKAWANNA

WATERFRONT REVITALIZATION AREA BOUNDARY

The City of Lackawanna Waterfront Revitalization Area (WRA) includes all lands
and waters in the City extending f rom the Lake Erie shoreline inland to the
eastern right-of-way of New York State Route 5, between the Lackawanna/Hamburg
border on the south and the Lackawanna/Buffalo border on the north.

A narrow linear extension of the WRA includes Smoke's Creek to the junction of
the north and south branches. The WRA also includes each branch to Electric Ave.
It should be noted that the WRA only includes the small portion of the Creek
corridor between the top of the two banks. No horizontal land area is included.

Map 1A on the following page graphically displays the location of the WRA.

1-3

lo,

Buffalo
-9-
Harbor Z). City of Buffalo

Unio
IN
STONY POINT so

Rdqe Rd
am

LAKE

ERIE

.wh-

Smokes

WATERFRON
% S
REVITALIZATI NN 0
AREA BOUNDARY
NEW 0002 a a 9 BEEN mff@l

Town of Hamburg Village of Blasclell

0 10DO 2000
-4

MAP1A
LOCAL WATERFRONT REVITALIZATION PROGRAM
COASTAL
ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING BOUNDARY

CITY OF LACKAWANNA
jft_ .@STONY POINT'

.0,

SECTION II

INVENTORY AND ANALYSIS
0

A. INTRODUCTION

The Lackawanna Waterfront Revitalization Area (WRA) as previously
established by the City, extends for over two miles along Lake Erie,
reaching inland roughly one mile to Route 5.

Much of the City's WRA is occupied by the sprawling Bethlehem Steel
complex. Steel making operations at this facility have been severely
curtailed since 1983 resulting in major regional economic consequences.
The Bethlehem Steel Corporation, Buffalo Crushed Stone and various public
agencies are engaged in numerous activities to determine appropriate
actions concerning this facility. It is anticipated these activities will
have a major impact on municipal waterfront revitalization efforts.

B. PHYSICAL STATUS

1. Land use and Buildings:

Bethlehem Steel Comple - The grounds of the Bethlehem Steel complex
are occupied by over 7,000,000 sq. ft. of building space. Much of
this is underutilized or vacant industrial space constructed in the
early 1900's. Several smaller office and maintenance buildings are
also present. Cessation of steel-making operations within the City
of Lackawanna began in 1983, although the coke ovens remain active.
Extensive parking and outdoor storage areas also occupy large
portions of the 1600-acre complex. In addition, numerous rail lines
are located throughout the site. Bethlehem currently employs roughly
1,600 people at the complex.

The former Bethlehem complex occupies the entire two-mile length of
the City's Lake Erie shoreline. Over the years since the plant's
establishment in the early 1900's, the shoreline has been extended
nearly one-half mile into Lake Erie as a result of slag disposal
activities. The present shoreline is characterized by a continuous
series of massive mounds of slag reaching 501 to 901 in height. An
additional 108-acre diked disposal area (Diked Disposal Area No.- 4)
is located at the.extreme northern end of the Bethlehem complex.at
Stony Point, astride the Lackawanna/Buffalo City border and adjacent
to the south entrance of the Buffalo Outer Harbor. This facility
-is maintained by the U.S. Army Corps of Engineers and received dredge
spoil from the Buffalo Harbor area; however, only 20% of this area
has received significant deposits. The remaining 80 acres of its
surface area consists of water. At the current rate of -dredging
operations, the facility has an approximate 25-year life span
remaining.

In 1985, large portions of the Bethlehem complex were purchased by
Buffalo Crushed Stone, which recently prepared a redevelopment plan
for the property jointly with Bethlehem Steel, and the Western New
York Economic Development Corporation. Approximately 1,500,000 sq.
ft. of building space is expected to be retained. Demolition of
roughly 4,000,000 sq. ft. of buildings and one mile of blast furnace

11-3

has begun, and is expected to continue during the near future. The
approximately 30,000,000 tons of slag, coke, and scrap metal on site
will be removed over a 20-year period.

Existing facilities which have potential for re-use include bulk
storage buildings, a 55-acre tank farm (with a liquid storage
capacity of 600, 000 bbl. ), three miles of conveyors, numerous cranes
and loaders, and port facilities.

Marketing ef forts have been undertaken throughout the United States,
Canada, and Japan publicizing the availability of space at the
Bethlehem complex. Promotional brochures and press releases have
been nationally circulated. Eight buildings housing 15 companies
have been leased to date.

2. Transportation and Utilities:

Route 5, a four-lane State highway known locally as the Hamburg
Turnpike, parallels the Lackawanna lakeshore along the inland border
of the Bethlehem complex and is a major suburban commuting route into
downtown Buffalo. In the vicinity of the Lackawanna/Buffalo city
line, Route 5 becomes a four-lane divided expressway with grade-
separated interchanges from Ridge Road north to Downtown Buffalo.
The high-level Father Baker Memorial Bridge at the city line carries
Route 5 over the Union Ship Canal in Buffalo. Ridge Road (which has
an interchange with Route 5 in the northern Lackawanna) and Route
179 (which intersects with Route 5 slightly south of the Lackawanna
border in the Town of Hamburg) both provide direct access to the New
York State Thruway (1-90) two miles to the east.

The Bethlehem 6omplex includes over 100 miles of standard-gauge
railroad tracks and 20 miles of narrow-gauge tracks operated by the
South Buffalo Railway, with direct connections to ' national rail
lines. The rail system has extensive maintenance and cargo-handling
facilities which are currently underutilized. Locomotive repair
facilities are also present.

The Father Baker Bridge is being replaced by a new low-level
structure (30' clearance above the Union Ship Canal). This will
provide more convenient access to the Bethlehem and Gateway
properties, as well as connect more logically with Ridge Road in the
City of Lackawanna. The bridge replacement project will be completed
by 1991.

The Lackawanna Ship Canal, now known as the Gateway Metroport, is
a. 4,000'-long, 200-wide, 28-deep channel at the northern end of the
Bethlehem complex. It now serves as the regional commercial port
facility. The Canal, which is accessible from the Buffalo Harbor's
south entrance, can accommodate several 1,000-foot lake freighters.
Port facilities include 9,5001 of dock, 150 acres of open storage,
and 160,000 sq. ft. of enclosed bulk storage. In 1986, port and rail
facilities were handling 3,500,000 tons of coal, coke.'. bar mill

11-4

i:::;:: 4:

'F r@
City of Buffalo

STONY

N@
WAa\ RIDGE ROAD
5USINES5
FIRST
D15TRICT

...... .................
-T'
T
.... ... .
.LMIE
... .........

..........

....... ..... .... ... WATERFRONT
... ...... ....... .........
---- - - - - ---
'g-1j"hii. *.,*"..'.'.".'.* '.'. REVITALIZATION
..........
AREA BOUNDARY

... . .......
............ ..
.. ... ........@
Q

............ t
. .... . ... ... . .
. . . . . ... ..

smokes
-4W4

.... .. ....
.......... .....
...................
..... ......
T
. ...... ....
..... ...... .... .........

... .....
....... ................. . . . .....
.... ... ... .... . .. .. . . . .... ... ...... ..... .. ...........
...... ......
. ........ ... .

... . ... ......... . . . . . . . . ..

. .. . ..............
... .... . .. vivi,
s a a 8 a viols 6 M 11111119
.........
. ............
..........
........... ... .
. . . ..................... .I
......... ............. ...
................... SMOKES CREEK
CORRIDOR
. . . . .... . . ................
.............. .....
.*9..--@-,:,.*-.,.i.-.-,.*'.'...'...,..,.:-,..*."..'.-*-.'."'F-*."..I ........................
...........

..... of Hambi irg
... ...... ... Town Village of Blasclell
..... .............
. .. .......
......... 1-1"--.-,-,.*--,..,.-*:.,.,.*.
.. .... .............. . . ... .....
i-T
.. . . ........
0 Iwo 2= -BETHLEHEM PARK
NE16HBORHOOD

MAP 2
LOCAL WATERFRONT REVITALIZATION PROGRAM CHARACTER/
ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING
NEIGHBORHOODS

CITY OF LACKAWANNA

City of Buf f alo

TP IL
-Emma
Flidge
Rd
an 41

...........
z
TP u

lop
.. ...... ..........
............... .............

.........
.......... ............. .... .
lH
TR jpv RU
T
EN
s,,0k6s
c",
. . .................
................
.............

..........
............

............. ....
jRU
TR

LEGEND
RU RESIDENTIAL - URBAN
CG GENERACCOMMERCIAL Town of Harnburg Village of Blasdell
IH INDUSTRIAL - HEAVY
I L1 INDUSTRIAL -LIGHT
TR TRANSPORTATION -PORT
0 1000 2000
TR TRANSPORTATION - RAI
wood
US UTILITY SEWER ..........
. . ... ...

MAP 3
LOCAL WATERFRONT REVITALIZATION PROGRAM
EXISTING
ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING USES
41- 1 CITY OF LACKAWANNA

products, scrap, steel coils, fuel oil, and automotive parts for
Bethlehem Steel, the Ford Motor Company, and several smaller firms.

Public transportation is provided along Route 5 by the Niagara
Frontier Transportation Authority. Hourly trips to Downtown Buffalo
are provided Monday through Friday. Four trips daily operate on
Saturdays. There is no Sunday service.

Sanitary sewer service is provided to the Bethlehem complex by Erie
County Sewer District No. 6, which maintains a treatment plant about
one-half mile east of Route 5 in Lackawanna. The plant handles
approximately 0-1 MG of wastewater from BethEnergy Corp. , Lackawanna
Coke Division. This processed wastewater is discharged to the
treatment plant via the existing sanitary sewer system. The design
flow of the treatment plant is 4.5 MGD, and the plant is currently
treating an average of 4.4 MGD annually.

Current capacity at the Lackawanna treatment plant cannot handle a
full industrial buildout situation at the former Bethlehem complex.
A preliminary study by Erie County Sewer District #6 is underway
which is aimed at identifying alternative treatment possibilities
and associated costs. This issue will have to be resolved prior to
any major site redevelopment.

A further problem relates to the treatment of industrial wastes
generated from Bethlehem's coke oven operations. The Lackawanna
plant was not designed to handle such waste, but was geared to handle
residential/commercial wastes. The coke waste interferes with the
process at the Lackawanna sewer plant. The City agreed to accept
the waste from the coke plant because once Bethlehem ceased
operations, the Corporation could no longer dispose of the waste at
the steel plant. This situation will also be examined in greater
detail by the Sewer District #6 study.

Two water intakes operate along the banks of the Lackawanna Ship
Canal. Number I pump supplies 20-24 MGD for an extraction turbine
on the Canal's west side, BethEnergy operates Number 4 pump, which
supplies 20 MGD to the coke ovens. Number 6 pumphouse is located
in the north end of the plant at the mouth of Buffalo Harbor. One
of three 30 MGD pumps currently is operated to supply water to the
Bar Mill and Galvanizing Mill operations on the east side of Route
5.

Presently, industrial water is used for cooling and processing.
Cooling water is maintained within a closed system. Water is piped
to one of three filtration and settling tacilities where it i is
treated and returned to the cooling system. Process water f rom the
Bethlehem Galvanizing Mill is treated on-site at Water Quality
Control Statio No. 7 under a SPDES permit. Sludge is periodically
removed from settling tanks and deposited in solid waste disposal
areas.

11-9

The City has a municipal pickup service for solid waste. it
transfers the material via a private contractor to the Occidental
Chemical Corporation (Hooker) resource recovery facility in the City
of Niagara Falls. The latter is presently operating at 81% (5f design
capacity. (These figures were obtained from the New York State
Legislative Commission on Solid Waste Management 1986 report entitled
"Where Will the Garbage Go? New York Looming Crisis in Disposal
Management."

3. Topography:

The bulk of the Bethlehem complex is level land, however, mounds of
by-products reaching up to 90' heights have been deposited along the
shoreline. When viewed from Lake Erie, these features dominate the
landscape.

4. Soils:

The soils within the City of Lackawanna's waterfront boundaries are
predominantly categorized as urban land according to the U.S.D.A.
Soil Conservation Service. The single exception to this classifica-
tion is along Smokes Creek where Wayland Soils exist.

The Wayland Soil series varies from a silt loam to a silty clay loam.
It is generally poorly drained erosion deposits found in floodplain
areas of small streams. Due to its location and slow permeability,
it is subject to seasonal flooding and thereby severely limited to
development or vegetative potential. Approximately 20 feet of
bedrock begins five feet below the surface.

Slag deposits along the shoreline cover over 400 acres of land to
a depth of 40'.

5. Hydrology, Flooding, and Erosion:

Smoke's Creek is the only stream to traverse the waterfront area.
This creek's branches drain a large area of Lackawanna, Hamburg, and
Orchard Park. Smoke's Creek has a "D" classification. (See Appendix
A for description of classification.)

Lake Erie has been designated a class "C" water body to a distance
of roughly 1,0001 offshore; beyond this limit the Lake has been
designated "Class A - Special (International Boundary Waters) in
accordance with 6NYCRR 839.6, Item No. 3. The Lackawanna Ship Canal,
4,0001 long and 2001 wide, is class "D". The southern limits of the
Buffalo Outer Harbor are class "C". (For classification descrip-
tions, see Appendix A).

A flood hazard area, as well as a floodway, has been identified along
the entire length of Smoke's Creek within the City by the Federal
Emergency Management Agency. Such f lood-prone areas coincide in many
locations with the top of the Creek's banks. . Several smaller f lood

II-10

........ ..

.. ... ... ......
........ ......
@c iv
City of Buffalo

. .... ......
.. ..... ....

..........................

... . . .. ..

.... ... ..... ..

Rid e
Rcl *MIMI

...........

-k

s okes
15
..........

.. . ........................
.... ...............

.....................
(n

.. .........
. .........

Town of Hamburg! Village of Blasclell
............
..........

. .. ..... 0 1000 2000
.. ............
Mud

LOCAL WATERFRONT REVITALIZATION PROGRAM MAP 4
ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNINr, SOILS

CITY OF LACKAWANNA

City of Buffalo

Rd we 0 m
I

.. . . . .....

.............. .. .

-oo
too

C-1
01'1-, MR-x;
IN
C

LAW,

..........
... . .........
lamburg Village of Blasdeff
Town of F

0 1000 2000

MAP 5
LOCAL WATERFRONT REVITALIZATION PROGRAM
HYDROLOGY/
ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING EROSION

CITY OF LACKAWANNA

hazard areas have been designated along the Lake Erie shoreline, as
well. See Map 5 which displays the locations of such areas.

Flooding at one time was a major problem along Smoke's Creek. U.S.
Army Corps of Engineers flood control projects featuring channel
straightening and bank stabilization have significantly diminished
the likelihood of flood damage in developed portions of Lackawanna.
These improvements are fully documented in a letter and accompanying
report of July 13, 1959 from the Secretary of the Army to the House
of Representatives (86th Congress, lst Session, House Document No.
200, U.S. Government Printing Office).

Within the former Bethlehem complex Smokes Creek is occasionally
subjected to a reversal of normal flow during conditions of high lake
levels and strong westerly winds which result in Lake Erie water
entering the Creek. Typically, however, flooding does not result
from these conditions. Erosion is not a major problem within the
LWA.

6. off-Shore Conditions:

Channels in the Buffalo Outer Harbor are maintained by the U.S. Army
Corps of Engineers at a 28' depth.

Reference should be made to sub-section 11-7 for a thorough
description of the Smoke's Creek Shoal habitat. The depth of Smoke' s
Creek and its branches from its mouth to Electric Avenue ranges from
1 to 3 meters with the deeper channels located close to Lake Erie.
This information was contained in NYSDEC report entitled A Habitat
Inventory of Smoke's Creek (date unknown).

7. Air and Water Quality:

Air quality in the Lackawanna waterfront area has noticeably improved
since the 1970's, partly as a result of improved emission controls
and partly due to cutbacks in industrial activities. The amount of
atmospheric pollutants is in compliance with State and federal
limits. Recent air quality monitoring of this factor by the Erie
County Department of Environment and Planning (during 1983-84) shows
that TSP values range from 36 to 50 mg/cubic meter, well below the
federal standard of 75 mg/cubic meter. Lackawanna has been reclassi-
fied as being in attainment of TSP.

In 1984, the New York State Dept. of Environmental Conservation
issued Order 84-135 which, for the Bethlehem Steel complex,
identified those facilities which were permanently shut down, those
which are temporarily inactive, and those to remain in operation
which require the imposition of air quality controls. The primary
effects of this order require repair and modifications in coke oven
facilities and operations, and institution of a fugitive dust control
program (generally consisting of applying water to paved roadways)
in order to reduce particulate emissions to acceptable standards.

11-15

The coke oven operation is controlled by State permits. However,
when the production of coke oven gas drops below 1.5 million cubic
feet per hour, the desulfurization and sulfur recovery units do not
operate effectively. The State has allowed an exemption for those
low production periods, thus resulting in foul odors emanating from
the plant during those periods.

In addition to odor problems, the coke oven operation causes visual
pollution to the surrounding area. A thick white plume billows out
of the smokestack, visible for miles in all directions and dis-
incentive to long-term site redevelopment. Air emission source
standards established by NYSDEC are not being met by Bethlehem Steel
Corporation relative to their coke over operations. Legal action
is being pursued by NYSDEC.

Historically, water quality along the Lackawanna shoreline has been
poor. Although direct discharges of industrial wastewater have been
practically eliminated, past discharges have noticeably contaminated
bottom sediment in the vicinity. During storms, contaminated
sediment becomes re-suspended in lake water and is subject to
transport and redeposition elsewhere in the lake and the Niagara
River. The Report of the Niagara River Toxics Committee (October
1984) documents various concentrations of metals and polynuclear
aromatics (PAH's) in sediment samples obtained from Smoke's Creek,
the Lackawanna Ship Canal, and the Lake Erie open-dredged material
disposal site. During steelmaking, Bethlehem was a major discharger
of lead and zinc.

Hazardous wastes were disposed "of on a 50-acre site along the
Lackawanna shoreline. The site consists of a landfill and lagoon.
Hazardbus waste disposal ceased in 1983. The site received I spent
pickle liquor, tar sludge, ammonia still lime sludge, and metal
sludge,.and a large amount of assorted scrap metals, sand, gravel
and slag cinders. Both NYSDEC and the U.S. Army Corps of Engineers
are involved in closure plans at these sites. A hydro-geologic
investigation was completed in October, 1985, and the report
concluded that there has not been much impact from these sites.
However, the*NYSDEC recently classified the area as a Class 2 site,
indicating that it represents a significant -threat to public health
or environment. Closure and post-closure plans are being evaluated
by Bethlehem Steel Corp., NYSDEC, USEPA, and the U.S. Army Corps of
Engineers prior to finalizing specific mitigation measures.

Fish and Wildlife Habitats:

Lake Erie provides a habitat for a variety of cool and cold water
gamefisb species, as well as panfish. The more common gamefish
species sought by sport anglers are walleye, smallmouth bass,
rainbow/ s t eelhead trout, brown trout and coho and chinook salmon.
Common panfish species include perch and rock bass. Lake Erie in
the species include perch and rock bass. Lake Erie in the vicinity

11-16

of the mouth of Smoke's Creek has traditionally been a popular
fishing area among local sport fishermen.

Smoke's Creek Shoals is located on the shore line of Lake Erie, on
the boundary between the City of Lackawanna and the Town of Hamburg,
Erie County. The fish and wildlife habitat is an approximately 500-
acre area of open water, generally located within a one-half mile
radius of the mouth of Smoke's Creek (see Map 5A). This area
encompasses a broad, productive, littoral zone, where water depths
are generally less than 20 feet below mean low water, and the bottom
substrate is a mixture of sand, gravel, and rubble. The entire
shoreline bordering Smoke's Creek Shoals has been modified through
filling or bulkheading in conjunction with adjacent industrial
development (steel mills). Smoke's Creek Shoals has been designated
by the New York State Secretary of State as a coastal fish habitat
of Statewide significance.

Smoke's Creek Shoals is one of only a few sizeable areas of
relatively shallow, gravelly shoals in the Erie County portion of
Lake Erie. Apparently, wave action and inflows from Smoke's Creek
provide adequate water circulation in the area to prevent siltation
of the bottom substrate. This extensive littoral zone probably
serves as an important spawning area for a variety of warm water fish
species, especially walleye, along with yellow perch and smallmouth
bass. Observations of walleye in and around the mouth of Smoke's
Creek during the spawning period (mid-March - early May) generally
suggest that the adjacent shoals attract a major lake-spawning
concentration. Concentration areas such as this are unusual in Erie
County.

As a result of concentrations of smallmouth bass, walleye, and
panfish at Smoke's Creek Shoals, this area attracts significant
recreational fishing pressure during late spring and early summer.
See the appendix to this section for a complete description of this
habitat.

In addition to the shoals area, Smoke's,Creek between Route Sand
Lake Erie may be the site of substantial walleye spawning. A recent
study by the State University of New York College at Buffalo
entitled, "Smoke's Creek: An Important Spawning Habitat for Walleye
in Eastern Lake Erie?" and submitted to the NYSDEC in 1985 concluded
that the Creek was not presently a viable spawning area for walleye
due to 'surrounding environmental conditions. The report did
indicate, however, that some walleye do migrate into the area for
spawning purposes, as well as in the Creek mouth.

The Lake Erie area offshore from Lackawanna is used by migratory
waterfowl during the spring and fall. The largest colony of nesting
ring-billed gulls on the Niagara Frontier is located adjacent to the
Stony Point disposal area.

9. Zoning:

The WRA west of Route 5 is zoned M-D, Mixed-Development District.
This allows a variety of uses subject to submittal and approval of
a consolidated development plan for each proposal. Specific regu-
lations are established during the consolidated development plan
review process. Virtually all uses permitted in other zoning
districts are allowed in the District if the above-mentioned
development plan is sound. The following uses are not allowed:
banks, finance, insurance and real estate offices; tailor shops;
taverns. See Appendix C for the text of this district.

In addition, a Flood Plain Overlay District has been established for
special flood hazard areas within the City. Within the waterfront
area, flood hazard areas have been identified along Smokes Creek and
Lake Erie. The Flood Plain Overlay District limits development
within flood-prone lands and the alteration of natural flood plains
and stream channels.

The Smoke's Creek corridor east of Route 5 is bordered by various
zoning districts including light industrial, planned industrial, and
residential zones. Reference should be made to Map 6 for a
description of applicable zoning regulations.

10. Historical and Archaeological Sites:

There are no structures listed, or eligible for listing, on the
National Register of Historic Places within the Lackawanna WRA. A
zone of archaeolog-4cal seL-s._-.iv1ty has, however, been identified by
the New York State Off ice of Parks, Recreation and Historic
Preservation in the vicinity of Route 5 and Smoke's Creek. In
addition, a survey of archaeological sites undertaken by the State
University of New York at Buffalo in March 1984 suggests that two
sites may be located either within the LWA, or within a one-
kilometer proximity to the area in the vicinity of Smoke's Creek.

The former Bethlehem Steel employment office near the Buffalo-
Lackawanna city line is an early twentieth century structure which
is both architecturally and historically significant. The
structure's historic significance comes from its association with
the Bethlehem Steel Corporation, while the architectural importance
stems from its classical, revival style of grey brick on a rusticated
ashlar basement. It is topped with a hipped roof. The building,
however, is not presently listed on the National or State Registers
of Historic places.

11. Public Access and Recreation:

Public Access to Lackawanna's Lake Erie shoreline is non-existent.
The banks of Smoke's Creek are fully developed and privately-owned.
No recreation facilities exist within the LWA. As such, a major

Il-18

Buffalo
Harbor City of Buffalo

Unio
STONY POINT

LAKE

ERIE

Smokes

SMOKES A
CREEK WATERFRON
SHOAL REVITALIZATI N=M
HABITAT AREA BOUNDARY

Town of Hamburg Village of Blasdell

0 1000 2000

LOCAL WATERFRONT REVITALIZATION PROGRAM MAP SA
SMOKES
ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING CREEK
Source: New York State Department of Environmental SHOALS
Conservation CITY OF LACKAWANNA

Buffalo
0
Harbor Ic M
City of Buffalo

U
STONY POINT

do -10M
0 1ro,

M D

IL
LAKE AM
ERIE
U=

11@ van R2

M D MD

131

dirA
Srr,okes
h54
lit,

R12
9GEND 0
(n

R-1 Single Family Resid.
R-2 Single & Two Family Resid N
R-3 Multiple Dwelling Resid.
R-4 High Density Resid.
B-1 Neighborhood Business
B-2 General Business
L-1 Light Industrial
P-1 Planned Industrial Park Town of Hamburg Village of Blaisdell
M-D Mixed Development
0 1000 2(1001
EFFECTIVE 10/27/86

LOCAL WATERFRONT REVITALIZATION PROGRAM MAP 6
EXISTING
ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND P .LANNING ZONING

CITY OF LACKAWANNA
@
i
ty

TH
"n of amburg

component of the redevelopment of the waterfront will be the
incorporation of water-related recreation and public access to the
Lake Erie and Smokes Creek shorelines.

12. Water-Dependent Uses:

Historically, the Bethlehem Steel complex has been dependent upon
Lake Erie for transportation and industrial processing. Although
steelmaking has been curtailed, the coke ovens remain active and
require water for their operation. In addition, an independent water
system is maintained to serve the Bethlehem complex.

The Gateway Metroport is a major deepwater port channel handling
commercial cargo. Buffalo Crushed Stone and Bethlehem Steel
especially depend upon this facility for transportation.

13. Aesthetics:

The visual environment of the Lackawanna waterfront is dominated by
massive industrial buildings which are discolored and otherwise
deteriorated, and by rail lines, overhead utilities, extensive
parking, fences, and roads. The Father Baker Bridge has been a
dominant feature at the Lackawanna-Buf f alo city line. In Lackawanna,
Lake Erie is not visible from Route 5 and points east. Landscaping
is virtually non-existent. Overall aesthetic quality within the
Waterfront Revitalization Area is poor.

C. MAJOR RECENT AND PLANNED IMPROVEMENTS

The following information describes recent and future waterfront
improvements for the shoreline. This provides good background material
on the level of public and private investment and suggests possible
opportunities for additional improvements.

Prior to listing the projects, it is important to note that a portion of
the WRA was recently designated by New York State as an Economic
Opportunity Zone (EOZ). The EOZ boundaries are ref lected on Map 7A. This
designation provides attractive financial incentives to 'industries locating
in the area and will be used as a major marketing tool to redevelop the
site.

The recent and planned improvements within the LWA are noted below:

1. Port Terminal Building: A grant application has been submitted by
the Erie County Industrial Development Agency to the Federal Economic
Development Administration. This will provide funds for construction
of a large warehouse structure adjacent to the port and better
accommodate part activities.

2. Ridge Road Extension: The ECIDA has submitted preliminary applica-
tion materials to the Federal Economic Development Administration.
The road extension and accompanying infra-structure improvements will

11-23

provide better access and vehicle circulation to the north end of
the former Bethlehem complex.

3. Father Baker Bridge Replacement: As mentioned earlier, the New York
State, Department of Transportation is undertaking a major
replacement of the Father Baker Bridge. The latter spans various
railroad bridges and the Union Ship Canal. The south bridge abutment
is within the City of Lackawanna, with the north abutment being in
the City of Buffalo.

D. CRITICAL ISSUES

Given the privately-owned nature of the Lackawanna waterfront and ongoing
studies'concerning the future of the Bethlehem complex, difficulties in
creating an effective waterfront revitalization program are numerous.
However, several issues of particular importance to the community have been
articulated and should be emphasized.

There is profound municipal concern about the steel plant's future status
and consequent effects on the local tax base. of special importance is
the desire to continue private ownership of most waterfront land in order
to maintain this tax base. The vast network of existing infrastructure
represents both a substantial capital investment and a significant urban
resource which may become endangered through abandonment.

Despite these justifiable concerns, there is also considerable local
sentiment for opening portions of the Lackawanna waterfront to the public.
Lackawanna is the only waterfront municipality in Western New York having
no public access to its own shoreline. However, implementation of any such
proposals to provide public shoreline access await the development of
general policy objectives incorporating the goals of private industry,
municipal agencies and the public at large.

11-24

Buffalo
Harbor k City 0 f Buffalo
Ur
STONY pOINT Unio
MEN IN

NMI

LAKE
7:
ERIE
INN

0
tz
Me

0
w

=move@ INN! smalps am Mir IM
N

a
Town of Hamburg vill'age of Blasdell

0 1000 2000

MAP 7A
LOCAL WATERFRONT REVITALIZATION PROGRAM ECONOMIC
ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING OPPOJR-TUNITY
ZONE
CITY OF LACKAWANNA

INVENTORY AND ANALYSIS
APPENDIX
0 SHORE CREEK SHOALS HABITAT

COASTAL FISH AND WILDLIFE HABITAT RATING FORM

Name of Area: Smoke Creek Shoals
SEP 18 1007
QUI
County(ies): Erie

Town(s): Lackawanna, Hamburg

7.5' Quadrangle(s): Buffalo SE, NY

(IS) (R) (ISXR)
hdividual Replace- Final
Score ability Score

ECOSYSTEM RARITY (ER): 9.0 x 1.0 9.0
Relatively large, shallow, gravel --- ---- -
and rubble shoal, uncommon in
Erie County.

SPECIES VULNERABILITY (SV): 0 x 1.0 0.0
No endangered, threatened, or ----
special concern species are known
to reside in the area.

HUMAN USE (KU): 4 x 1.0 4.0
Recreational fishery for walleye -
attracts many anglers from through-
out Erie County.

POPULATION LEVEL (PL): 4 x 1.0 4.0
Concentrations of valleye in this -
area are unusual in Erie County,
altbougb it is not known if spavn-
in& is successful.

REPIACEABILITY (R): 1.0
Uncertain of ability to replace the -
habitat or the population level.

SIGNIFICANCE I(EL%R)+(SVxR)+(KUxR)+(PLxR)) 17.0

*'*SIGNIFICANT COASTAL FISH AND WILDLIFE***
4 0 PROJECT NARRATIVE

SMOKE CREEK SHOALS

LOCATION AND DESCRIPTION OF HABITAT:

Smoke Creek Shoals is located on the shoreline of Lake Erie, on the boundary
between the City of Lackawanna and the Town of Hamburg, Erie County (7.51
Quadrangle: Buffalo SE, N.Y.). The fish and wildlife habitat is an approximate
500 acre area of open water, generally located within a one-half mile radius of
the Smoke Creek. This area encompasses a broad, productive, littoral zone,
where water depths are generally less than 20 feet below mean low water, and the
bottom substrate is a mixture of sand, gravel, and rubble. The entire shoreline
bordering Smoke Creek Shoals has been modified through filling or bulkheading
in conjunction with adjacent industrial development (steel mills). Smoke Creek
drains approximately 33 square miles of industrial, residential and abandoned
agricultural land, and most of the channel has been modified for flood control
purposes.

FISH AND WILDLIFE VALUE:

Smoke Creek Shoals is one ' of only a few sizeable areas of relatively shallow,
gravelly shoals in the Erie County portion of Lake Erie. Apparently, wave action
and inflows from Smoke Creek provide adequate water circulation in the area to
prevent siltation of the bottom substrate. This extensive littoral zone probably
,serves as an important spawning area for a variety of warmwater fish species,
especially walleye, along with yellow perch and smallmouth bass. Observations
of walleye in and around the mouth of Smoke Creek during the spawning period
(mid-March - early May, generally) suggest that the adjacent shoals attract a
major lake-spawning concentration. Concentration areas such as this are unusual
in Erie County. Walleye entered Smoke Creek to spawn in 1985 but did not appear
to be successful.

As a result of the abundant walleye population at Smoke Creek Shoals,. this area
attracts significant recreational fishing pressure during late spring and early
summer, primarily by residents of the Buffalo metropolitan a Irea. Boat access
to the f ishery is available f rom the Small Boat Harbor in Buf f alo. Reproduction
of walleye at Smoke Creek Shoals may also contribute to the Lake Erie commercial
fishery for this species, located farther offshore in waters greater than 55 feet
deep.

IMPACT ASSESSMENT:

Any activity that substantially degrades water quality, increases temperature
or turbidity, alters water depths, or reduces physical diversity of bottom
substrate at Smoke Creek Shoals could affect the fisheries resources of this
area. Discharges of sewage, stormwater runoff, or industrial wastewater,
containing heavy sediments loads or chemical pollutants could result in adverse
impacts on fish populations. Activities such as dredging, oil and gas drilling,
and solid waste disposal are all potential causes of permanent habitat degrada-
tion. Construction of breakwalls or jetties in the area may increase

sedimentation, resulting in loss of suitable spawning habitat of walleye.
Temporary habitat disturbances would be most detrimental during fish spawning
and nursery periods (mid-March - July for most warmwater species); any necessary
human disturbance of the littoral zone should be scheduled during fall or winter
to minimize potential impacts on fisheries use of the area. Thermal discharges,
depending on time of year, could also have adverse effects on fish populations
in the area, since spawning activities and survival are directly affected by
water temperature. Installation and operation of water intakes could have a
significant impact on fish concentrations, through impingement of juveniles and
adults, or entrainment of eggs and larval stages.

KNOWLEDGEABLE CONTACTS:

Tom Hart
Division of Coastal Resources & Waterfront Revitalization
NYS Department of State
162 Washington Avenue
Albany, NY 12231
Phone: (518) 474-3643

Steve Mooradian, Fisheries Manager
or Jim Pomeroy, Environmental Protection Biologist
NYS DEC - Region 9
128 South Street
Olean, NY 14760
Phone: (716) 372-8676

Floyd Cornelius or Don Einhouse
NYSDEC - Lake Erie Fisheries Unit
178 Point Drive North
Dunkirk, NY 14048
Phone: (716) 366-0228

NYSDEC - Significant Habitat Unit
Wildlife Resources Center
Delmar, NY 12054
Phone: (518) 439-7486

James A. Spotila
Professor of Biology and
Director, Fisheries and Ecology Program
Department of Biology
State University College at Buffalo
1300 Elmwood Avenue
Buffalo, NY 14222
Phone: (716) 878-6409

ills

nd Sill in
'C

gel.:
Sy
0

Lj a
10 1. k ... I
* - 4r Hi

IL
(WIF

'Ir V,

z bs -7

ew lasdell.,,
10200 Di

.... .......

rag
wumom."

A
47450mm-N.
4r

4
'30" 14
7 +

BUFFALO METROPOLITAN URBAN AREA
BOUNDARY IS DEFINED AS FOLLOWING
THE SHORELINE
z.
Dis
L

KS
Bay V e
QuaG Bu f f a I o SE NY
Area Name: Sff s o k er c- e i- S, hc- a
Habitat Bountar*y:
..... Dri Pasv- I of 1
I 'Tro

10100001
AUxg

&11111 0% 0 Radso 70"

R@ G

SECTION III
0 WATERFRONT REVITALIZATION PROGRAM POLICIES

A* DEVELOPMENT POLICIES

POLICY 1 RESTORE, REVITALIZE, AND REDEVELOP DETERIORATED AND
UNDERUTILIZED WATERFRONT AREAS FOR COMMERCIAL, INDUSTRIAL,
CULTURAL, RECREATIONAL, AND OTHER COMPATIBLE USES.

POLICY 1A REDEVELOP, THE FORMER BETHLEHEM STEEL PLANT FOR INDUSTRIAL,
TRANSPORTATION, OFFICE AND PASSIVE RECREATION USES.

This policy applies to that area depicted on Map 3. Its intent is to focus
capital resources on the redevelopment of the former Bethlehem Steel Plant site
into a quality mixed-use development which capitalizes on its waterfront location
and transportation linkages. The renewal area contains approximately 1,300 acres
within the City's waterfront zone and is entirely in private ownership.
Reference should be made to the Inventory and Analysis Section for a further
description of the site.

The following guidelines will be used to review actions for consistency with this
policy as it pertains to any future development of the Bethlehem Steel Site.

1. When an action is proposed to take place on the former Bethlehem
Steel site, the following guidelines will be used:

a) Priority should be given to uses which are enhanced or
dependent upon a location adjacent to the water.

b) The action should serve as a catalyst to private investment
in the area.

C) The action should improve the deteriorated condition of a site
and, at a minimum, must not cause further deterioration. For
example, a building could not be abandoned without protecting
it against vandalism and/or structural decline.

d) The action must lead to development which is compatible with
the character of the area, with consideration given to scale,
architectural style, density, and.intensity of use.

e) The action should have the potential to improve the existing
economic base of the community and, at a minimum, must not
jeopardize this base. For example, waterfront development
meant to serve consumer needs would be inappropriate in an area
where no increased consumer demands were expected and existing
development was already meeting demand.

f) The action should improve adjacent and upland views of the-
water and shoreline, and, at a minimum, must not affect these
views in an insensitive manner.

g) The action should have the potential to improve the
possibilities for multiple use on the site.

111-3

If an action is proposed to take place outside the areas covered by this policy,
and is either within the City of Buffalo or Town of Hamburg the agency proposing
the action must first determine if it is feasible to take the action within the
area covered by this policy. If such an action is feasible, the agency should
give strong consideration to taking the action in that area. If not feasible,
the agency must take the appropriate steps to ensure that the action does not
cause deterioration of that area covered by this policy.

See Policy 25B.

POLICY 2 FACILITATE THE SITING OF WATER-DEPENDENT USES AND FACILITIES
ON OR ADJACENT TO COASTAL WATERS.

POLICY 2A MAINTAIN WATER-DEPENDENT AND WATER-ENHANCED INDUSTRIAL AND
PORT-R]?LATED FACILITIES AT APPROPRIATE LOCATIONS WITHIN THE
FORMER BETHLEHEM STEEL PLANT SITE.

Reference should be made to Map 7 for a graphic description as to where the
policy applies.

This policy applies to the bulk storage, coke plant, and Gateway Metroport.
While the demand for any given piece of property will fluctuate in response to
varying economic and social conditions, on a regional basis the only reasonable
expectation is that long-term demand for waterfront space will intensify.

To ensure that water-dependent uses can be accommodated within the City, local,
federal and State agencies will avoid undertaking, funding or approving non-
water-dependent uses when such uses would pre-empt the reasonably foreseeable
development of water-dependent uses; furthermore, State, Federal and local
agencies will utilize appropriate existing programs to encourage water-dependent
activities.

As noted in the Inventory and Analysis Section, the City has an abundance of
available land along the Lake which can be developed. There is ample space to
accommodate water- dependent, as well as non-water -dependent uses along the shore.
The application of this policy shall be applied within this context.

The following uses and facilities are considered as water-dependent.

1. Uses which depend on the utilization of resources found in coastal
waters (for example: fishing, mining of sand and gravel, mariculture
activities);

2. Recreational activities which depend on access to coastal waters (for
example: swimming, fishing, boating, wildlife viewing);

3. Uses involved in the sea/land transfer of goods (for example: docks,
loading areas, pipelines, short-term storage facilities)

111-4

4. Structures needed for navigational purposes (for example: dams,
beacons, lighthouses);

5. Flood and erosion protection structures (for example: breakwaters,
bulkheads);

6. Facilities needed to store and service boats and ships (for example:
marinas, boat repair, boat construction yards);

7. Uses requiring large quantities of water for processing and cooling
purposes (for example: hydroelectric power plants, fish processing
plants, pumped storage power plants);

8. Uses that rely heavily on the waterborne transportation of raw
materials or products which are difficult to transport on land,
thereby making it critical that a site near to shipping facilities
be obtained (for example: coal export facilities, cement plants,
quarries);

9. Uses which operate under such severe time constraints that proximity
to shipping facilities become critical (for example: firms processing
perishable foods);

10. Scientif ic/educational activities which, by their nature, require
access to coastal waters (for example: certain meteorological and
oceanographic activities);

11. Support facilities which are necessary for the successful functioning
of permitted water-dependent uses (for example: parking lots, snack
bars, first aid stations, short-term storage facilities). Though
these uses must be near the given water-dependent use they.should
as much as possible, be sited inland from the dependent use rather
than on the shore; and

12. Water fowl hunting.

In addition to water-dependent uses, uses which are enhanced by a waterfront
location should be encouraged to locate along the shore, though not at the
expense of water-dependent uses. A water-enhanced use is defined as a use that
has no critical dependence on obtaining a waterfront location, but the profita-
bility of the use and/or the enjoyment level of the users would be increased
significantly if the use were adjacent to, or had visual access to, the
waterfront. A restaurant which uses good site design to take advantage of a
waterfront view, and an industrial park which incorporates the waterfront into
the site layout while providing for public access are two examples of water-
enhanced uses.

If there is no immediate demand for a water-dependent or water-enhanced use at
the former Bethlehem site but a future demand is reasonably foreseeable,
temporary non-water-dependent uses should be considered preferable to a non-
water-dependent or enhanced use which involves an irreversible or nearly

111-5

irreversible commitment of land. Parking lots, passive recreational facilities,
outdoor storage areas, and non-permanent structures are uses or facilities which
would likely be considered as "temporary" non-water-dependent uses.

In the actual choice of sites where water-dependent uses will be encouraged and
facilitated, the following guidelines should be used:

1. Competition for space: Competition for space, or the potential for
it, should be indicated before any given site is promoted for water-
dependent uses. The intent is to match water-dependent uses with
suitable locations and thereby reduce any conflicts between competing
uses that might arise. Not just any site suitable for development
should be chosen as a water-dependent use area. The choice of a site
should be made with some meaningful impact on the real estate market
anticipated. The anticipated impact could either be one of increased
protection to existing water-dependent activities or else the
encouragement of water-dependent development.

2. In-place facilities and services: Most water-dependent uses, if they
are to function effectively, will require basic public facilities
and services. In selecting appropriate areas for water-dependent
uses, consideration should be given to the following factors:

a) The availability of public sewers, public water lines and
adequate power supply;

b) Access to the area for trucks and rail, if heavy industry is
to be accommodated; and

c) Access to public transportation, if a,high number of person
trips are to be generated.

3. Access to navigational channels: If commercial- shipping, commercial
fishing, or recreational boating are planned, consideration should
be given to setting aside a site, within a sheltered harbor, from
which access to adequately sized navigation channels would be
assured.

.4. Compatibility with adjacent uses and the protection of other coastal
resources: Water-dependent uses should be located so that they
enhance, or at least do not detract f rom, the surrounding community.
Consideration should also be given to such factors as the protection
of nearby residential areas from odors, noise and traf f ic. Af f irma-
tive approaches should also be employed so that water-dependent uses
must also be sited so as to avoid adverse impacts on the significant
coastal resources. 0

5. Preference to underutilized sites: The promotion of water-dependent
uses should serve to foster development as a result of the capital
programming, permit expediting and other State and local actions that

111-6

will be used to promote the site. Nowhere is such a stimulus needed
more than at the former Bethlehem Steel plant site.

POLICY 3 FURTHER DEVELOP THE STATE'S MAJOR PORTS OF ALBANY, BUFFALO,
NEW YORK, OGDENSBURG, AND OSWEGO AS CENTERS OF COMMERCE AND
INDUSTRY, AND ENCOURAGE THE SITING IN THESE PORT ARM,
INCLUDING THOSE UNDER THE JURISDICTION OF STATE PUBLIC
AUTHORITIES, OF LAND USE AND DEVELOPMENT WHICH IS ESSENTIAL
TO OR IN SUPPORT OF THE WATERBORNE TRANSPORTATION OF CARGO AND
PEOPLE.

POLICY 3A FURTHER DEVELOP THE GATEWAY METROPORT WITHIN THE FORMER
BETHLEHEM STEEL PLANT SITE AS A CENTER OF COMMERCE AND
INDUSTRY.

The acquisition by Buffalo Crushed Stone of the former Bethlehem Steel Port area
and surrounding lands provides an opportunity to rejuvenate an underutilized
site. Now known as Gateway Metroport, it serves as the regional commercial port
facility. The application of this policy will serve the public interest by
retaining land in the local tax base, creating an environment where jobs can be
promoted and fostered, and providing an anchor to the remaining undeveloped
portions of the Lackawanna waterfront thereby increasing their market potential.

Reference should be made to Map 7 of this program for a graphic description of
where this policy applies. It includes the former Bethlehem Ship Canal, as well
as the Gateway harbor, bulk storage, tank farm and coke oven areas. It also
includes that part of the Lake and Union Ship Canal which provides the necessary
channelization for commercial ship traffic. Reference should be made to the
Inventory and Analysis Section for a clear description of these areas.

Reference should be made to Policies 1, 1A, 2, and 2A for guidelines to be used
in applying this policy.

POLICY 4 THE STATE COASTAL POLICY REGARDING THE STRENGTHENING OF SMALL
HARBOR AREAS IS NOT APPLICABLE TO THE CITY OF LACKAWANNA.

POLICY 5 ENCOURAGE THE LOCATION OF DEVELOPMENT IN AREAS WHERE PUBLIC
SERVICES AND FACILITIES ESSENTIAL TO SUCH DEVELOPMENT ARE
ADEQUATE, EXCEPT WHEN SUCH DEVELOPMENT HAS SPECIAL FUNCTIONAL
REQUIREMENTS OR OTHER CHARACTERISTICS WHICH NECESSITATE ITS
LOCATION IN OTHER COASTAL AREAS.

By its construction, taxing, funding and regulatory powers, government has become
a dominant force in -shaping the course of development. Through these government.
actions, development, particularly large-scale development, in the coastal area
will be encouraged to locate within, contiguous to, or in close proximity to,
existing areas of concentrated development where infrastructure and public
services are adequate, where topography, geology, and other environmental
conditions are suitable for and able to accommodate development.

111-7

The City of Lackawanna is an area of concentrated development where inf ra-
structure and public services are generally adequate to support future land uses
and development, as specified in the proposed. uses and projects for the
waterfront area (Section IV). However, certain capital improvements may be
needed in the sewer facilities servicing the waterfront area. In this respect,
maximum development by Buffalo Crushed Stone of their desired mixed-use scheme
will likely exceed the capacity of the Lackawanna Sewage Treatment Plant. Due
to the proximity of this redevelopment site to the Southtowns Sewage Treatment
Plant, however, diversion of sanitary wastes to that facility is a possibility.
Other alternatives need to be examined, as well as including the Buffalo Sewer
Authority System. Local, State and federal agencies charged with allocating
funds for investments in water and sewer facilities should give high priority
to the needs of the waterfront area, so that full advantage may be taken of the
rich array of existing infrastructure components in promoting waterfront
revitalization.

For actions that would result in large scale development or which would
facilitate or serve future development, the following guidelines shall be
considered in assessing the adequacy of the infrastructure and public services:

1. Streets and highways serving the proposed site can safely accommodate
the peak traffic generated by the proposed land development;

2. Development's water needs (consumptive and fire fighting) can be met
by the existing water supply system;

3. Sewage disposal system can accommodate the wastes generated by the
development;

4. Energy needs of the proposed land development can be accommodated
by existing utility systems;

5. Storm water runoff from the proposed site can be accommodated by on-
site and/or off-site facilities; and

6. Schools, police and. fire protection, and health and social services
are adequate to meet the needs of the population expected to live,
work, shop, or conduct business in the area as a result of the
development.

POLICY 6 EXPEDITE PERMIT PROCEDURES IN ORDER TO FACILITATE THE SITING
OF DEVELOPMENT ACTIVITIES AT SUITABLE LOCATIONS.

The confusion, time delay, and costs associated with the issuance of permits
required from all government levels prior to approval of waterfront development.
is not conducive to attracting public or private investment along the shoreline.

The City of Lackawanna will utilize existing and proposed laws to ensure
compliance with the City LWRP, and for those new regulations, will coordinate

and combine review periods, as well as public hearing requirements, to the
maximum extent possible.

For specific types of development activities, and in areas suitable for such
development, the City will make every effort to coordinate and synchronize
existing permit procedures and regulatory programs, and will work with Federal
and State agencies to coordinate procedures as long as the integrity of the
regulations' objectives is not jeopardized. These procedures and programs will
be coordinated within each agency. Also, efforts will be made to ensure that
each board's and agency's procedures and programs are synchronized with other
agencies' procedures at each level of government. Finally, regulatory programs
and procedures will be coordinated and synchronized between levels of government,
and if necessary, legislative and/or programmatic changes will be recommended.
When proposing new regulations, an agency will determine the feasibility of
incorporating the regulations within existing procedures; if this reduces the
burden on a particular type of development and does not jeopardize the integrity
of the regulations' objectives.

B. FISH AND WILDLIFE POLICIES

POLICY 7 SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS, AS IDENTIFIED
ON THE COASTAL AREA MAP, SHALL BE PROTECTED, PRESERVED, AND
WHERE PRACTICABLE, RESTORED SO AS TO MAINTAIN THEIR VIABILITY
AS HABITATS.

Habitat protection is recognized as fundamental to assuring the survival of fish
and wildlife populations. Certain habitats are critical to the maintenance of
a given population and, therefore, merit special protection. Such habitats
exhibit one or more of the following characteristics: (1) are essential to the
survival of a large portion of a particular fish or wildlife population (e.g.
feeding grounds, nursery areas); (2) support populations of rare and endangered
species; (3) are found at a very low frequency within a coastal region; (4)
support fish and wildlife populations having significant commercial and/or
recreational value; and (5) would be difficult or impossible to replace.

A habitat impairment test must be met for any activity that is subject to
consistency review under federal and State laws, or under applicable local laws
contained in an approved local waterfront revitalization program. If that
proposed action is subject to consistency review, then the habitat protection
policy applies, whether the proposed action is to occur within or outside the
designated area.

The specific habitat impairment test that must be met is as follows:

In order to protect and preserve a significant habitat, land and
water uses or development shall not be under-taken if such actions
would:

destroy the habitat; or,

significantly impair the viability of a habitat.

Habitat destruction is defined as the loss of fish or wildlife use through
direct physical alteration, disturbance, or pollution of a designated area, or
through the indirect effects of these actions on a designated area. Habitat
destruction may be indicated by changes in vegetation, substrate, or hydrology,
or increases in runoff, erosion, sedimentation, or pollutants.

Significant impairment is defined as reduction in vital resources (e.g., food@
shelter, living space) or change in environmental conditions (e.g., temperature,
substrate, salinity) beyond the tolerance range of an organism. Indicators of
a significantly impaired habitat focus on ecological alterations and may
include, but are not limited to, reduced carrying capacity, changes in community
structure (food chain relationships, species diversity), reduced productivity
and/or increased incidence of disease and mortality.

The tolerance range of an organism is not defined as the physiological range of
conditions beyond which a species will not survive at all, but as the ecological
range of conditions-that supports the species' population or has the potential
to support a restored population, where practical. Either the loss of
individuals through an increase in emigration or an increase in death rate
indicates that the tolerance range of an organism has been exceeded. An abrupt
increase in death rate may occur as an environmental factor falls beyond a
tolerance limit (a range has both upper and lower limits). Many environmental
factors, however, do not have a sharply defined tolerance limit, but produce
increasing emigration or death rates with increasing departure from conditions
that are optimal for the species.

The range of parameters which should be considered in applying the habitat
impairment test include:

1. Physical parameters, such as living space circulation, flushing
rates, tidal amplitude, turbidity, water temperature, depth
(including loss of littoral zone), morphology, substrate type,
vegetation, structure, erosion and sedimentation rates;

2. Biological parameters, such as community structure, food chain
relationships, species diversity, predator/prey relationships,
population size, mortality rates, reproductive rates, meristic
features, behavioral patterns and migratory patterns; and

3. Chemical parameters,, such as dissolved oxygen, carbon dioxide,
acidity, dissolved solids, nutrients, organics, salinity, and
pollutants (heavy metals, toxics and hazardous materials).

Significant coastal fish and wildlife habitants are evaluated, designated and
mapped pursuant to the Waterfront Revitalization and Coastal Resources Act-
(Executive Law of new York, Article 42). The New York State Department of
Environmental Conservation (DEC) evaluates the significance of coastal fish and
wildlife habitats, and following a recommendation from the DEC, the Department
of State designates and maps specific areas.

III-10

POLICY 7A THE SMOKES CREEK SHOALS HABITAT SHALL BE PROTECTED, PRESERVED
AND, WHERE PRACTICAL, RESTORES SO AS TO MAINTAIN. ITS VIABILITY
AS A HABITAT.

Smokes Creek Shoals is located adjacent to the City within Lake Erie 'near the
boundary with the Town of Hamburg. The fish habitat is a 500 acre area of open
water, generally located within a one-half mile radius of the mouth of Smokes
Creek.

Smokes Creek Shoals serves as a likely spawning area for a variety of warmwater
fish species, especially walleye, along with yellow perch and smallmouth bass.
A detailed description and map of the habitat is provided in the appendix to the
Inventory and Analysis Section.

Although not comprehensive, examples of generic activities and impacts which
could destroy or significantly impair the habitat are listed below to assist in
applying the habitat impairment test to a proposed activity.

Any activity that would substantially degrade water quality, increase
temperature or turbidity, alter water depth, or reduce physical diversity of
bottom substrates at Smokes Creek Shoals could affect the fisheries resources
of this area. Discharges of sewage, storm water runoff, or industrial waste
water containing heavy sediment loads or chemical pollutants could result in
significant impairment of the habitat. Activities such as dredging, oil and gas
drilling, and solid waste disposal are all potential causes of permanent habitat
degradation. Construction of breakwalls or jetties in the area may increase
sedimentation, resulting in loss of suitable spawning habitat for walleye.
Temporary habitat disturbances would be most detrimental during fish spawning
and nursery periods (mid-March through July for most warmwater species); any
necessary human disturbance of the littoral zone should be scheduled during fall
or winter to minimize potential impacts on fisheries' use of the area. Thermal
discharges, depending on the time of year, could also result in significant
impairment of the habitat, since spawning activities and survival are directly
affected by water temperature. Installation and operation of water intakes
could have a significant impact on fish concentrations, through impingement of
juveniles and adults, or entrainment of eggs and larval stages.

POLICY 8 PROTECT FISH AND WILDLIFE RESOURCES IN THE COASTAL AREA FROM
THE INTRODUCTION OF HAZARDOUS WASTES AND OTHER POLLUTANTS
WHICH BIO-ACCUMULATE IN THE FOOD CHAIN OR WHICH CAUSE
SIGNIFICANT SUBLETHAL OR LETHAL Er CT ON THOSE RESOURCES.

POLICY SA PROTECT FISH RESOURCES IN THE SMOKE'S CREEK SHOALS AREA.

Hazardous wastes are unwanted by-products of manufacturing processes and are
generally characterized as being flammable, corrosive, reactive, or toxic. More.
specifically, hazardous waste is defined in Environmental Conservation Law (S27-
0901(3)) as "waste or combination of wastes which because of its quantity,
concentration, or physical, chemical or infectious characteristics may: (1)
cause, or significantly contribute to, an increase in mortality or an increase
in serious irreversible, or incapacitating reversible illness; or (2) pose a

substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed or otherwise managed." A list
of DEC-defined hazardous wastes can be found in 6NYCRR Part 371.

The handling (storage, transport, treatment and disposal) of the materials
included on the hazardous waste list are being strictly regulated in New York
State to prevent their entry or introduction into the environment, particularly
into the State's air, land and waters. Such controls should effectively
minimize possible contamination of and bio-accumulation in the State's coastal
fish and wildlife resources at levels that cause mortality or create
physiological and behavioral disorders.

Other pollutants refer to conventional wastes generated from point and non-
point sources and not identified as hazardous wastes, but controlled through
other State regulations.

Any activity that would substantially degrade water quality, increase
temperature or turbidity, alter water depths, reduce the physical diversity of
bottom substrate, or pose similar negative impacts on the Smoke's Creek Shoals
habitat is of particular concern. See also Policy 7, and 7A for explanations.

POLICY 9 EXPAND RECREATIONAL USE OF FISH AND WILDLIFE RESOURCES IN
COASTAL AREAS BY INCREASING ACCESS TO EXISTING RESOURCES,
SUPPLEMENTING EXISTING STOCKS, AND DEVELOPING NEW RESOURCES.
SUCH EFFORTS SHALL BE MADE IN A MANNER WHICH ENSURES THE
PROTECTION OF RENEWABLE FISH AND WILD-LIFE RESOURCES AND
CONSIDERS OTHER ACT M TIES DEPENDENT ON THEM.

POLICY 9A EXPAND RECREATIONAL USE OF FISH RESOURCES AT THE SMOKE'S CREEK
SHOALS.

The educational and recreational value of coastal areas having a significant
concentration of fish resources is of extreme importance to the general public.
This is especially important at Smoke's Creek Shoals. The latter represents a
high quality fishing spot. The combination of these factors presents a unique
opportunity for public enjoyment.

Any efforts to increase recreational use of these resources will be made in a
manner which ensures the protection of fish and wildlife resources and which
takes into consideration other activities dependent on these resources. Also,
such efforts must be done in accordance with existing State law and in keeping
with sound management considerations. Such considerations include biology of
the species, carrying capacity of the resources, public demand, costs and
available technology-

The following additional guidelines should be considered by State, Federal, and-
City agencies as they determine the consistency of their proposed action with
the above policy:

111-12

1. Consideration should be made by Federal, State and City agencies as
to whether an action will impede existing or future utilization of
the City's recreational fish and wildlife resources.

2. Efforts to increase access to recreational fish and wildlife
resources shall not lead to over-utilization of that resource or
cause impairment of the habitat. Sometimes such impairment can be
more subtle than actual physical damage to the habitat. For
example, increased human presence can deter animals from using the
habitat area.

3. The impacts of increasing access to recreational fish and wildlife
resources shall be determined on a case-by-case basis, and/or
conferring with a trained fish and wildlife biologist.

4. Any public or private sector initiatives to supplement existing
stocks (e.g., stocking the Lake with fish reared in a hatchery) or
develop new resources (e.g., creating private fee-fishing
facilities) must be aone in accor8 with existing State law.

See also Policies 19, 21, and 22.

POLICY 10 THE STATE COASTAL POLICY REGARDING THE DEVELOPMENT OF
COMMERCIAL FISHING IS NOT APPLICABLE TO THE CITY OF
LACKAWANNA.

C. FLOODING AND EROSION HAZARDS POLICIES

POLICY 11 BUILDINGS AND OTHER STRUCTURES WILL BE SITED IN THE COASTAL
AREA SO AS TO MINIMIZE DAMAGE TO PROPERTY AND THE ENDANGERING
OF HUMAN LIVES CAUSED BY FLOODING AND EROSION.

This policy shall apply to those areas identified as Areas of Special Flood
Hazard within the Flood Insurance Study for the City of Lackawanna dated July
2, 1980 and generally illustrated on Map 5.

Guidelines for determining an action's consistency with this policy. are as
follows:

1. All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the
structure.

2. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.

3. All new and replacement water supply shall be constructed using
methods and practices that minimize flood damage.

111-13

4. All new and replacement water supply shall be designed to minimize
I or eliminate infiltration of flood waters into the system.

5. New,and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharge from the systems into flood waters.

6. On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.

7. All subdivision proposals shall be consistent with the need to
minimize flood damage.

8. All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water SyStOMS located and
constructed to minimize flood damage.

9. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.

10. Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least 50
lots or five (5) acres (whichever is less). The term "base flood"
is the flood having a one percent chance of being equalled or
exceeded in any given year.

In all areas of special flood hazards where base flood elevation data have been
provided as set forth in Section 3.2 or 4.3-2 of the City Flood Damage
Prevention Ordinance, the following standards are required:

1. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated
to or above base flood elevation.

2. New construction and substantial improvement of any commercial,
industrial or other non-residential structure shall either have the
lowest floor, including basement, elevated to the level of the base
f lood elevation; or together with attendant utility and sanitary
facilities, shall:

a) be floodproofed so that below the base level the structure is
watertight with walls substantially impermeable to the passage
of water; and

b) have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.

Located within areas of special flood hazards established in Section 3 of the
City's Flood Damage Prevention Ordinance are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the velocity of flood

111-14

waters which carry debris, potential projectiles, and erosion potential the
following provisions apply:

1. Prohibit encroachments, including- fill, new construction,
substantial improvements, and other development unless a technical
evaluation demonstrates that encroachments shall not result in any
increase in flood levels during the occurrence of the base flood
discharge.

2. if Section 5.3(l) of the City's Flood Damage Prevention Ordinance
is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions
of Section 5.0 of the same City Ordinance.

The City of Lackawanna has an adopted Disaster Preparedness Plan (3/4/80) which
serves as the primary tool to guide relief efforts during periods of natural
disasters.

POLICY 12 THE STATE COASTAL POLICY REGARDING PROTECTION OF NATURAL
PROTECTIVE FEATURES IS NOT APPLICABLE TO THE CITY OF
LACKAWANNA.

POLICY 13 THE CONSTRUCTION OR RECONSTRUCTION OF EROSION PROTECTION
STRUCTURES SHALL BE UNDERTAKEN ONLY IF THEY HAVE A REASONABLE
PROBABILITY OF CONTROLLING EROSION FOR AT LEAST THIRTY YEARS
AS DEMONSTRATED IN DESIGN AND CONSTRUCTION STANDARDS AND/OR
ASSURED MAINTENANCE OR REPLACEMENT PROGRAMS.

Erosion protection structures are widely used throughout the State's coastal
area. However, because of improper design, construction and maintenance
standards, many fall to give the protection which they are presumed to provide.
As a result, development is sited in areas where it is subject to damage or loss
due to erosion.- This policy will help ensure the reduction of such damage or
loss.

POLICY 14 ACTIVITIES AND DEVELOPMENT, INCLUDING THE CONSTRUCTION OR
RECONSTRUCTION OF EROSION PROTECTION STRUCTURES, SHALL BE
UNDERTAKEN SO THAT THERE WILL BE NO MEASURABLE INCREASE IN
EROSION OR FLOODING AT THE SITE OF SUCH ACTIVITIES OR
DEVELOPMENT, OR AT OTHER LOCATIONS.

Erosion and flooding are processes which occur naturally. However, by his
actions, man can increase the severity and adverse effects of those processes,
causing damage to, or loss of property, and endangering human lives. Those
actions include: (1) the use of erosion protection structures such as groins,
Jetties and bulkheads, or the use of impermeable docks which block the littoral.
transport of sediment to adjacent shorelands, thus increasing their rate of
recession; (2) the failure to observe proper drainage or land restoration
practices, thereby causing run-off and the erosion and weakening of shorelands;
and (3) the placing of structures in identified floodways so that the base flood
level is increased causing damage to otherwise hazard-free areas.

111-15

See explanation for Policy 11.

POLICY 15 MINING, EXCAVATION OR DREDGING IN COASTAL WATERS SHALL -NOT
SIGNIFICANTLY INTERFERE WITH THE NATURAL COASTAL PROCESSES
WHICH SUPPLY BEACH MATERIALS TO LAND ADJACENT TO SUCH 'WATERS
AND SHALL BE UNDERTAKEN IN A MANNER WHICH WILL NOT CAUSE AN
INCREASE IN EROSION OF SUCH LAND.

Coastal processes, including the movement of beach materials or shoreline
sediment by water, and any mining, excavation or dredging in nearshore or
offshore waters which changes the supply and net f low of such materials can
deprive shorelands of their natural regenerative powers. Such mining,
excavation and dredging should be accomplished in a manner so as not to cause
a reduction of supply, and thus an increase of erosion, to such shorelands.
Offshore mining for sand and gravel deposits is a future alternative option to
land mining for sand and gravel deposits which are needed to support building
and other industries.

Dredging will be needed to maintain the commercial shipping channels serving the
Gateway Metroport. These activities are regulated by existing federal and State
law.

POLICY 16 PUBLIC FUNDS SHALL ONLY BE USED FOR EROSION PROTECTIVE
STRUCTURES WHERE NECESSARY TO PROTECT HUMAN LIFE, AND NEW
DEVELOPMENT WHICH REQUIRES A LOCATION WITHIN OR ADJACENT TO
AN EROSION HAZARD AREA TO BE ABLE TO FUNCTION, OR EXISTING
DEVELOPMENT; AND ONLY WHERE THE PUBLIC BENEFITS OUTWEIGH THE
LONG TERM MONETARY AND OTHER COSTS INCLUDING THE POTENTIAL FOR
INCREASING EROSION AND ADVERSE EFFECTS ON NATURAL PROTECTIVE
FEATURES.

Public funds are used for a variety of purposes on the State's shorelines. This
policy recognizes the public need for the protection of human life and existing
investment in development or new development which requires a location in
proximity to the coastal area or in adjacent waters to be able to function.
However, it also recognizes the adverse impacts of such activities and
development on the rate of erosion and on natural protective features and
requires that careful analysis be made of such benefits and long-term costs
prior to expending public funds for erosion protection measures.
POLICY 17 WHENEVER POSSIRT , USE NON-STRUCTURAL MEASURES TO MINIMI2:]R
DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FL4)ODING AND
EROSION. SUCH MEASURES SHALL INCLUDE: (1) THE SET BACK OF
BUILDINGS AND STRUCTURES; (2) THE PLANTING OF VEGETATION AND
THE INSTALLATION OF SAND FENCING AND DRAINING; (3) THE'
RESHAPING OF BLUFFS; AND (4) THE FLOOD-PROOFING OF BUILDINGS
OR THEIR ELEVATION ABOVE THE BASE FLOOD LEVEL.

This policy recognizes both the potential adverse impacts of flooding and
erosion upon development and upon natural protective features in the coastal

111-16

area, as well as the costs of protection against those hazards which structural
measures entail.

This policy shall apply to the planning, siting and design of proposed
activities and development, including measures to protect existing activities
and development. To ascertain consistency with this policy, it must be
determined if any one, or a combination of, non-structural measures would afford
the degree of protection appropriate both to the character and purpose of the
activity or development and to the hazard. If non-structural measures are
determined to offer sufficient protection, then consistency with the policy
would require the use of such measures, whenever possible.

In determining whether or not non-structural measures to protect against erosion
or flooding will offer appropriate protection, an analysis, and if necessary,
other materials such as plans or sketches of the activity or development, of the
site and of the alternative protection measures should be prepared to allow an
assessment to be made.

See Policy 11.

D. GENERAL POLICY

POLICY 18 TO SAFEGUARD THE VITAL ECONOMIC, SOCIAL AND ENVIRONMENTAL
INTERESTS OF THE STATE AND OF ITS CITIZENS, PROPOSED MAJOR
ACTIONS IN THE COASTAL AREA MUST GIVE FULL CONSIDERATION TO
THOSE INTERESTS, AND TO THE SAFEGUARDS WHICH THE STATE HAS
ESTABLISHED TO PROTECT VALUABLE COASTAL RESOURCE AREAS.

Proposed major actions may only be undertaken in the waterfront area if they
will not significantly impair valuable coastal waters and resources, thus
frustrating the achievement of the purposes of the safeguards which the State
and City have established to protect those waters and resources. Proposed
actions must take into account the social, cultural, economic and environmental
interests of the State and City and their citizens in such matters that would
affect natural resources, water levels and flows, shoreline damage, hydro-
electric power generation, and recreation.

E. PUBLIC ACCESS POLICIES

POLICY 19 PROTECT, MAINTAIN, AND INCREASE THE LEVEL AND TYPES OF ACCESS
TO PUBLIC WATER-RELATED RECREATION RESOURCES AND FACILITIES
SO THAT THESE RESOURCES AND FACILITIES MAY BE FULLY UTILIZED
IN ACCORDANCE WITH REASONABLY ANTICIPATED PUBLIC RECREATION
NEEDS AND THE PROTECTION OF HISTORIC AND NATURAL RESOURCES.
IN PROVIDING SUCH ACCESS, PRIORITY SHALL BE GIVEN TO PUBLIC
BEACHES, BOATING FACILITIES, FISHING AREAS AND WATERFRONT
PARKS.

111-17

POLICY 19A INCREASE THE LEVEL AND TYPE OF ACCESS TO LAKE ERIE VIA A
PUBLIC CORRIDOR TO BE LOCATED ALONG THE LAKE BETWEEN SKOKE'S
CREEK AND THE TOWN OF HAMBURG MUNICIPAL BOUNDARY.

POLICY 19B INCREASE THE LEVEL AND TYPE OF ACCESS TO LAKE ERIE. IN
PROVIDING SUCH ACCESS, PRIORITY SHALL BE GIVEN TO A PUBLIC
ROAD PROVIDING ACCESS OFF ROUTE 5 TO THE PROPOSED PUBLIC
CORRIDOR DESCRIBED IN POLICY 19A.

Policies 10A and 19B apply to the Buffalo Crushed Stone property south of
Smoke's Creek.

The City has not had any public access to the Lake Erie waterfront since
construction of the steel making plant. Although access has been denied, the
demand for fishing facilities and passive waterfront recreation by City
residents has increased over the past few years. With the closure of Bethlehem
Steel and subsequent purchase by Buffalo Crushed Stone, it is in the public
interest to insure that future plans for this area incorporate public access to
the waterfront. This must also include provisions for vehicular access off New
York State Route 5 to the water's edge. A further description of this proposal
is described in Section IV.

The following guidelines will be used in determining the consistency of a
proposed action with this policy:

1. The existing access from adjacent or proximate public lands or
facilities to public water-related resources and facilities shall
not be reduced, nor shall the possibility of increasing access in
.the future from public lands or facilities to public water-related
recreation resources and facilities be eliminated, unless in the
latter case, estimates of future use of these resources and
facilities are too low to justify maintaining or providing increased
public access or unless such actions are found to be necessary or
beneficial by the public body having jurisdiction over such access
as the result of a reasonable justification of the need to meet
systematic objectives.

The following is an explanation of the terms used in the above
guidelines:

a) Access - the ability and right of the public to reach and use
public coastal lands and waters.

b) Public lands or facilities - lands or facilities held by the
State or City in fee simple or less-than-fee simple ownership
and to which the public has access or could have access,.
including underwater lands.and the foreshore.

.c) An elimination of the possibility of increasing public access
in the future includes, but is not limited to, the following:

111-18

(i) Cunstruction of public facilities, which physically
prevent the provision, except at great expense, of
convenient public access to public water-related
recreation resources and facilities.

(ii) Sale, lease, or other transfer of public lands that
could provide public access to a public water-related
recreation resource or facility.

(iii) Construction of private facilities which physically
prevent the provision of convenient public access to
public water-related recreation resources or facilities
from public lands and facilities.

2. Any proposed project to increase public access to public water-
related recreation resources and facilities shall be analyzed
according to the following factors:

a) The level of access to be provided should be in accord with
estimated public use. If not, the proposed level of access
to be provided shall be deemed inconsistent with the policy.

b. The level of access to be provided shall not cause a degree
of use which would exceed the physical capability of the
resource or facility. If this were determined to be the case,
the proposed level of access to be provided shall be deemed
inconsistent with the policy.

3. The State and City will not undertake or fund any projects which
increase access to a water-related resource or facility that.is not
open'to all members of the public.

4. Priority in capital construction activities at future City
waterfront parks will be given to those facilities which increase
public access to water-related activities.

POLICY 20 ACCESS TO THE PUBLICLY-OWNED FORESHORE AND TO LANDS
IKKEDIATELY ADJACENT., TO THE FORESHORE OR THE WATER I S EDGE THAT
ARE PUBLICLY-OWNED SHALL BE PROVMM, AND IT SHOULD BE
PROVIDED IN A MANNER COMPATTRI WITH ADJOINING USES. SUCH
LANDS SHALL BE RETAINED IN PUBLIC OWNERSHIP.

While publicly-owned lands shall be retained in public ownership, traditional
sales of easements on land, underwater lands, and lands immediately adjacent to
the shore shall be discouraged where such use would be inappropriate for reasond
of public safety, military security, or the protection of fragile coastal
resources.

The following guidelines will be used in determining the consistency of a
proposed action with this policy:

Existing or future access from adjacent or proximate public lands
or facilities to existing or future public coastal lands and/or
waters shall not be reduced, nor shall the possibility of increasing
access in the future from adjacent or nearby public lands or
facilities to public coastal lands and/or waters be eliminated,
unless such actions are demonstrated to be of overriding regional
or Statewide public benefit or, in the latter case, estimates of
fu,ture use of these lands and waters are too low to justify
maintaining or providing increased access.

The following is an explanation.of the terms used in the above
guidelines:

a) (See definitions under Policy 19 for "access" and "public
lands or facilities").

b) A reduction in the existing or anticipated level of public
access - includes, but is not limited, to the following:

(i) Pedestrian access is diminished or eliminated because
of hazardous crossings required at new or altered
transportation facilities, electric power transmission
lines, or similar linear facilities.

(ii) Pedestrian access is diminished or blocked completely
by public or private development.

c) An elimination of the possibility of increasing public access
in the future - includes, but is not limited to, the
fol lowing:

(i) Construction of public facilities which physically
prevent the provision, except at great expense, of
convenient public access to public water-related
recreation resources and facilities.

(ii) Sale, lease, or other conveyance of public lands that
could provide public access to public coastal lands
and/or waters.

(iii) Construction of private facilities which physically
prevent the provision of convenient public access to
public coastal lands and/or waters from public lands and
facilities.

2. The existing level of public access within public coastal lands or
waters shall not be reduced or eliminated.

111-20

a) A reduction in the existing level of public access includes,
but is not limited to, the following:

(i) Access is reduced or eliminated because of hazardous
crossings required at new or altered transportation
facilities, electric power transmission lines, or
similar linear facilities.

(ii) Access is reduced or blocked completely by any public
developments.

3. Public access from the nearest public roadway to the shoreline and
along the coast shall be provided by new land use or development,
except where (1) it is inconsistent with public safety, military
security, or the protection of identified fragile coastal resources;
(2) adequate access exists within one-half mile; or (3) agriculture
would be adversely affected. Such access shall not be required to
be open to public use until a public agency or private association
agrees to accept responsibility for maintenance and liability of the
accessway.
4. The State will not undertake or directly fund any project which
increases access to a water-related resource or facility that is not
open to all members of the public.

5. In their plans and programs for increasing public access, State
agencies shall give priority in the following order to projects
located: within the boundaries of the Federal-Aid Metropolitan Urban
Area and served by public transportation; within the boundaries of
the Federal-Aid Metropolitan Urban Area but not served by public
transportation; outsidelthe defined Urban Area boundary and served
by public transportation; and outside the defined Urban Area
boundary but not served by public transportation.

6. Proposals for increased public access to coastal lands and waters
shall be analyzed according to the following factors:

(a) The level of access to be provided should be in accord with
estimated public use. If not, the proposed level of access
to be provided shall be deemed inconsistent with the p6licy.

(b) The level of access to be provided shall not cause a degree
of use which would exceed the physical capability of the
resource. If this were determined to be the case, the
proposed level of access to be provided shall be deemed
inconsistent with the policy.

F. RECREATION POLICIES

POLICY 21 WATER-DEPENDENT AND WATER-ENHANCED RECREATION V33Z BE
ENCOURAGED AND FACILITATED, AND WILL BE GIVEN PRIORITY OVER.

111-21

NON-WATER-RELATED USED ALONG THE COAST, PROVIDED IT IS
CONSISTENT WITH THE PRESERVATION AND ENHANCEMENT OF OTHER
COASTAL RESOURCES AND TAKES INTO ACCOUNT DEMAND FOR SUCH
FACILITIES. IN FACILITATING SUCH ACTIVITIES, PRIORITY SHALL
BE GIVEN TO AREAS WHERE ACCESS TO THE RECREATION OPPORTUNITIES
OF THE COAST CAN BE PROVIDED BY NEW OR EXISTING PUBLIC
TRANSPORTATION SERVICES AND TO THOSE AREAS WHERE THE USE OF
THE SHORE IS SEVERELY RESTRI BY EXISTING DEVELOPMENT.

POLICY 21A WATER-DEPENDENT AND 'RATER-ENHANCED RECREATION WILL BE
ENCOURAGED VIA A PUBLIC CORRIDOR ALONG THE LAKE BETWEEN
SMOKE'S CREEK AND THE TOWN OF HAMBURG MUNICIPAL BOUNDARY.

POLICY 21B WATER-DEPENDENT RECREATION SHALL BE ENCOURAGED WITHIN AND
ADJACENT TO SMOKE'S CREEK.

Presently, City of Lackawanna residents have no access to Lake Erie. As noted
in the Inventory and Analysis Section, the coastal zone is entirely in private
ownership. Buffalo Crushed Stone has proposed a redevelopment plan for the
former Bethlehem Plant site which is reflected on Map 8. Due to the lack of
water access, it is in the public interest to facilitate a public water-
dependent recreation facility within the redevelopment plans being promoted by
Buffalo Crushed Stone. A detailed feasibility study will be needed to ensure
such a proposal is properly integrated with long-term private development needs.
A key part of the study must be the adequate provision of vehicular access off
Route 5. This policy shall apply to that area depicted on Map 8. The actual
jinplementation of the policy will be achieved through the fee simple or easement
purchase of the land paralleling the Lake. Since the area is presently being
worked for slag removal, it will be 8-10 years before the project could be moved
forward. Discussions should begin, however, in the near future with Town of
Hamburg and Buffalo Crushed Stone officials to determine appropriate access
opportunities and integrate the concept into the redevelopment plans of Buffalo
Crushed Stone.

The proposed water recreational area in the City would be accessible by public
transit. The frequency of service is noted in the Inventory and Analysis
Section. During the detailed feasibility studies necessary for further project
development, pedestrian access to the site from the public transit stop would
need further definition. The distance between the public transit stop and the
proposed waterfront recreation area is approximately one-half mile.

See Policy 19A and 19B.

Smoke's Creek has a long-term potential as a water access corridor to Lake Erie
for car-top boats and shallow draft fishing boats. The development of such
facilities would have to correspond with the redevelopment of the former-
Bethlehem Steel Plant site to uses which would not conflict with the new
activity proposed for the stream. In addition, a detailed analysis of location
for such launching needs to occur.

111-22

POLICY 22 DEVELOPMENT, WHEN LOCATED ADJACENT TO THE SHORE, WILL PROVIDE
FOR WATER-RELATED RECREATION, AS A MMTIPLE USE, WM7M SUCH
RECREATIONAL USE IS APPROPRIATE IN LIGHT OF REASONABLY
ANTICIPATED DEMAND FOR SUCH ACTIVITIES AND THE PRIMARY PURPOSE
OF THE DEVELOPMENT.

POLICY 22A THE INCORPORATION OF WATER-RELATED RECREATION FOR PUBLIC
ENJOYMENT INTO PRIVATE REDEVELOPMENT PLANS BETWEEN SMOKE'S
CREEK AND THE TOWN OF HAMBURG/CITY OF LACKAWANNA BOUNDARY LINE
WILL BE ACTIVELY PURSUED.

Many developments present practical opportunities for providing recreation
facilities as an additional use of the site or facility. Therefore, whenever
developments are located adjacent to the shore, they should, to the fullest
extent permitted by existing law, provide for some form of water-related
recreation use unless there are compelling reasons why any form of such
recreation would not be compatible with the development, or a reasonable demand
for public use cannot be foreseen.

The City of Lackawanna shall negotiate with developers of the former Bethlehem
Steel Plant site regarding the development of a public corridor along the
water's edge between Smoke's Creek and the Town of Hamburg municipal boundary.

Prior to taking action relative to any development in the City, State agencies
should consult with the S@ate Office of Parks, Recreation, and Historic
Preservation (OPRHP), and with the City to determine appropriate recreation
uses. The agency should provide OPRHP and the City with the opportunity to
participate in project planning.

Appropriate- recreation uses which do not require any substantial additional
construction shall be provided at the expense of the project sponsor provided
the cost does not exceed 2% of total project cost.

In determining whether compelling reasons exist which would make recreation
inadvisable as a multiple use, public safety should reflect a recognition that
some risk is acceptable in the use of recreation facilities.

Whenever a proposed development is compatible would be consistent with LWRP
policies and the development could, through the provision of recreation and
other multiple uses, significantly increase public use of the shore, then such
development should be encouraged to locate adjacent to the shore.

See Policy 21A.

G. HISTORIC AND SCENIC RESOURCES POLICIES

POLICY 23 PROTECT, KKRANCE AND RESTORE STRUCTURES, DISTRICTS, AREAS OR
SITES THAT ARE OF SIGN M CANCE IN THE HISTORY, ARCHITECTURE,
ARCHAEOLOGY OR CULTURE OF THE STATE, CITY OF LACKAWANNA, OR
THE NATION.

111-23

POLICY 23A PROTECT, ENHANCE AND RESTORE THE ARCHAEOLOGICALLY SIGNIFICANT
SITE IN THE VICINITY OF SMOKE'S CREEK IN THE CITY OF
LACKAWANNA.

An area of archaeological significance may exist in the vicinity of Smoke's
Creek, as described in Chapter B-9 of the Inventory and Analysis Section. Prior
to undertaking major construction activities in this area, anyone proposing such
activity shall consult with the NYS Office of Parks, Recreation and Historic
Preservation to determine whether significant archaeological resources are
present at the site and what measures are necessary to preserve these resources.
All practicable means shall be used to preserve significant archaeological
resources.

This policy shall not be construed to prevent the construction, reconstruction,
alteration, or demolition of any building, structure, earthwork, or component
thereof which has been officially certified as being imminently dangerous to
public health and safety.

There are no other resources located in the local waterfront area to which the
policy applies.

POLICY 24 THE STATE COASTAL POLICY REGARDING THE PROTECTION OF SCENIC
RESOURCES OF STATEWIDE SIGNIFICANCE IS NOT APPLICABLE TO THE
CITY OF LACKAWANNA.

POLICY 25 PROTECT, RESTORE OR ENHANCE NATURAL AND MAN-MADE RESOURCES
WHICH ARE NOT IDENTIFIED AS BEING OF STATEWIDE SIGNIFICANCE,
BUT WHICH CONTRIBUTE TO THE OVERALL SCENIC QUALITY OF THE
COASTAL AREA.

When considering a proposed action, agencies shall ensure that the action will
be undertaken so as to protect, restore or enhance the overall scenic quality
of the coastal area. This is especially applicable to the Route 5 corridor.

The following siting and facility-related guidelines are to be used to achieve
@this policy, recognizing that each development situation is unique and that the
cjuidelines will have to be applied accordingly.

Guidelines include:

1. Siting structures and other development such as highways, power
lines and signs, back from shoreline or in other inconspicuous
locations to maintain the attractive quality of the shoreline and
to retain views to and from the shore; 4

2. Clustering or orienting structures to retain views, save open space
and provide visual organization to a development;

111-24

3. Incorporating sound, existing structures (especially historic
buildings) into the overall development scheme;

4. Removing deteriorated and/or degrading elements;

5. Maintaining or adding vegetation to provide interest, blend
structures into the site, ana obscure unattractive elements, except
when selective clearing removes unsightly, diseased or hazardous
vegetation and when selective clearing creates views of coastal
waters;

6. Using appropriate materials, in addition to vegetation, to screen
unattractive elements; and

7. Using appropriate scales, forms and materials to ensure that
buildings and other structures are compatible with and add interest
to the landscape.

POLICY 25A RESTORE THE SCENIC QUALITIES OF THE NEW YORK STATE ROUTE 5
CORRIDOR.

POLUCY 25B ENHANCE THE NEW YORK STATE ROUTE 5 AND RIDGE ROAD INTERSECTION
AS AN ATTRACTIVE GATEWAY TO THE CITY OF-LACKAWANNA.

POLICY 25C PROTECT AND RESTORE THE HISTORIC AND ARCHITECTURAL QUALITIES
OF THE FORMER BETHLEHZK STEEL PLANT EMPLOYMENT OFFICE
BUILDING.

As noted in the Inventory and Analysis Section, the former employment office of
the Bethlehem Steel Plant represents a unique architectural form within the
former steel plant complex. Due to the importance of steel making operAtiods
to the growth and development of the City, it is in the public intere ,st to
promote the preservation of locally significant structures which can serve as.
a reminder to area residents of the site's history.

Public and private dollars shall be used, when appropriate and consistent with
the Buffalo Crushed Stone redevelopment plans, to rehabilitate the structure
into a regional trade center.

H. AGRICULTURAL LANDS POLICY

POLICY 26 THE STATE COASTAL POLICY REGARDING THE PROTECTION OF IMPORTANT
AGRICULTURAL LANDS IS NOT APPLICABLE TO THE CITY OF
LACKAWANNA.

1. ENERGY AND ICE MANAGEMENT POLICIES

POLICY 27 DECISIONS ON THE SITING AND CONSTRUCTION OF MAJOR ENERGY
FACILITIES IN THE COASTAL AREA WILL BE BASED ON PUBLIC ENERGY

111-25

NEEDS, COMPATIBILITY OF SUCH FACILITIES WITH THE ENVIRONMENT,
AND THE FACILITY'S NEED FOR A SHOREFRONT LOCATION.

Demand for energy in New York will increase, although at a rate lower than
previously predicted. The State expects to meet these energy demands through
a combination of conservation measures; traditional and alternative
technologies; and use of various fuels, including coal, in greater proportion.

A determination of.public need for energy is the first step in the process for
siting new facilities. The directives for determining this need are set forth
in the New York State Energy Law. With respect to transmission lines, Articles
VII and VIII of the State's Public Service Law require additional forecasts and
establish the basis for determining the compatibility of these facilities with
the environment and the necessity for a shorefront location. The policies
derived from these proceedings are entirely consistent with the general coastal
zone policies derived from other laws, particularly the regulations promulgated
pursuant to the Waterfront Revitalization and Coastal Resources Act. That Act
is used for the purposes of ensuring consistency with the Coastal Management
Program.

In consultation with the City, the Department of State will comment on State
Energy Office policies and planning reports as may exist; present testimony for
the record during relevant certification proceedings under Articles VII and VIII
of the PSL; and use the State SEQR and DOS regulations to ensure that decisions
on other proposed energy facilities (other than transmission facilities and
steam electric generating plants) which would impact the waterfront area, are
made consistent with policies and purposes of this Local Waterfront
Revitalization Program.

POLICY 28 ICE MANAGEMENT PRACTICES SHALL NOT DAMAGE SIGNIFICANT FISH AND
WILDLIFE AND THEIR HABITATS, INCREASE SHORELINE EROSION OR
FLOODING, OR INTERFERE WITH THE PRODUCTION OF HYDROELECTRIC
POWER.

Prior to undertaking actions required for ice management, an assessment must be
made of the potential ef f ects of such actions 'upon the production of hydro-
electric power, fish and wildlife and their habitats in Lake Erie offshore of
the City of Lackawanna, flood levels and damage, and rates of shoreline erosion
damage.

Following such an examination, adequate methods of avoidance or mitigation of
such potential effects must be utilized if the proposed action is to be
implemented.

POLICY 29 ENCOURAGE THE DEVELOPMENT OF ENERGY RESOURCES ON THE OUTER
CONTINENTAL SHELF, IN LAKE ERIE AND IN OTHER WATER BODIES,
AND ENSURE THE ENVIRONMENTAL SAFETY OF SUCH ACTIVITIES.

The State recognizes the need to develop new indigenous energy sources. It also
recognizes that such development may endanger the environment. Among the
various energy sources being examined are those which may be found on the Outer

111-26

I-ontinental Shelf (OCS) or in Lake Erie. The State has been encouraging the
wise development of both.

The Department of Environmental Conservation has examined the potential impacts
of Lake Erie gas drilling and is instituting reasonable guidelines so that
activities can proceed without damage to public water supplies and other
valuable coastal resources. State law prohibits development of wells nearer
than one-half mile from the shoreline, two miles from public water supply
intakes, and one thousand feet from any other structure or installation in or
on Lake Erie. Further, State law prohibits production of liquid hydrocarbons
in Lake Erie, either alone, or in association with natural gas. The Department
has not, however, reached a decision as to whether or not the lands under Lake
Erie will be leased for gas exploration purposes.

Ii. WATER AND AIR RESOURCES POLICIES

POLICY 30 MUNICIPAL, INDUSTRIAL, AND COMMERCIAL DIS*=GE OF POLLUTANTS,
INCLUDING BUT NOT LIMITED TO, TOXIC AND HAZARDOUS SUBSTANCES,
INTO COASTAL WATERS WILL CONFORM TO STATE AND NATIONAL WATER
QUALITY STANDARDS.

Municipal, industrial and commercial discharges include not only "end-of -the
pipe" discharges into surface and groundwater but also plant site runoff,
leaching, spillages, sludge and other waste disposal, and drainage from raw
material storage sites. Also, the regulated industrial discharges are both
those which directly empty into receiving coastal waters and those which empty
directly into Lake Erie and Smoke's Creek and those which pass through the
regional treatment system before reaching the State's waterways.

POLICY 31 STATE COASTAL AREA POLICIES AND PURPOSES OF APPROVED LOCAL
WATERFRONT REVITALIZATION PROGRAMS WILL BE CONSIDERED WHILE
REVIEWING COASTAL WATER CLASSIFICATIONS AND WHILE MODIFYING
WATER QUALITY STANDARDS; HOWEVER, THOSE WATERS ALREADY
OVERBURDENED WITH CONTAMINANTS WILL BE RECOGNIZED AS BEING A
DEVELOPMENT CONSTRAINT.

Pursuant to the Federal Clean Water Act of 1977 (PL 95-217) the State has
classified its coastal and other waters in accordance with considerations of
best usage in the interest of the public and has adopted water quality standards
for each class of waters. These classifications and standards are reviewable
at least every three years for possible revision or amendment. Local Waterfront
Revitalization Programs and State coastal management policies shall ,be factored
into the review process for coastal waters. However, such consideration shall
not affect any water pollution control requirement establishment by the State
pursuant to the Federal Clean Water Act.

The existing water quality classifications in the City of Lackawanna shore area
should be maintained. However, in the long term the I'D" classification assigned
to Smoke's Creek should be re-evaluated to reflect changing conditions along the
stream bank and better accommodate future recreation opportunities.

rII-27

POLICY 32 THE STATE COASTAL POLICY REGARDING THE USE OF ALTERNATIVE
WASTE SYSTEMS IS NOT APPLICABLE TO THE CITY OF LACKAWANNA.

POLICY 33 BEST MANAGEMENT PRACTICES WILL BE USED TO ENSURE THE CONTROL
OF STORMWATER RUNOFF AND COMBINED SEWER OVERFLOWS DRAINING
INTO COASTAL WATERS.

Best management practices include both structural and non-structural methods of
preventing or mitigating pollution caused by the discharge of stormwater runoff
and sewer overflows. At present, the stormwater and sanitary sewer system
within the City waterfront area is separate.

POLICY 34 DISCHARGE OF WASTE MATERIALS INTO COASTAL WATERS FROM VESSELS
WILL BE LIMITED SO AS TO PROTECT SIGNIFICANT FISH AND WILDLIFE
HABITATS, RECREATIONAL ARRAS AND WATER SUPPLY AREAS.

The discharge of sewage, garbage, rubbish, and other solid and liquid materials
from watercraft and marinas into the State's waters is regulated. Priority will
be given to the enforcement of this law in significant habitats and public water
supply intakes which need protection from contamination by vessel wastes. Also,
specific effluent standards for marina toilets have been promulgated by the
Department of Environmental Conservation (6 NYCRR, Part 657).

POLICY 35 DREDGING AND DREDGE SPOIL DISPOSAL IN COASTAL WATERS WILL BE
UNDERTAKEN IN A MANNER THAT MEETS EXISTING STATE DREDGING
PERMIT REQUIREMENTS, AND PROTECTS SIGNIFICANT FISH AND
WTT,nJ HABITATS, SCENIC RESOURCES, NATURAL PROTECTIVE
FEATURES, IMPORTANT AGRICULTURAL LANDS, AND WETLANDS.

State dredging permits will be granted if it has been satisfactorily
demonstrated that these anticipated adverse effects have been reduced to levels
which satisfy State dredging permit standards set forth in regulations developed
pursuant to Environmental Conservation Law, (Articles 15, 24, 25, and 34).

POLICY 36 ACTIVITIES RELATED TO THE SHIPM ENT AND STORAGE OF PETROLEUM
AND OTHER HAZARDOUS MATTRIAT WILL BE CONDUCTED IN A MANNER
THAT WILL PREVENT OR AT LEAST MINIMIZE SPITS. INTO COASTAL
WATERS; ALL PRACTICABLE EFFORTS WILL BE UNDERTAKEN TO EXPEDITE
THE CIMkNUP OF SUCH DISCHARGES; AND RESTITUTION FOR DAMAGES
WILL BE REQUIRED WHEN THESE SPILLS OCCUR.

See Policy 39 for definition of hazardous wastes. All activities within the
City of Lackawanna waterfront which are subject to this policy shall comply with
all State and Federal regulations.

POLICY 37 BEST MANAGEMENT PRACTICES WILL BE UTILIZED TO MINIMIZE THE
NON-POINT DISCHARGE OF EXCESS NUTRIENTS, ORGANICS AND ERODED
SOI:LS INTO COASTAL WATERS.

See Policy 33.

111-28

POLICY 38 THE QUALITY AND QUANTITY OF SURFACE WATER AND GROUND-WATER
SUPPLIES, WILL BE CONSERVED AND PROTE , PARTICULARLY WHERE
SUCH WATERS CONSTITUTE THE PRIMARY OR SOLE SOURCE OF WATER
SUPPLY.

Surface water is the source of drinking water in the City of Lackawanna and
therefore must be protected. The City waterfront area is serviced by a high
technology water treatment and sanitary sewer system, and all commercial and
industrial discharges are regulated by State and Federal Law.

POLICY 39 THE TRANSPORT, STORAGE, TREATMENT AND DISPOSAL OF SOLID
WASTES, PARTICULARLY HAZARDOUS WASTES, WITHIN COASTAL AREAS
WILL BE CONDUCTED IN SUCH A MANNER SO AS TO PROTECT
GROUNDWATER AND SURFACE WATER SUPPLIES, RECREATION AREAS, AND
SCENIC RESOURCES.

The definitions of terms "solid wastes" and "solid waste management facilities"
are taken from New York's Solid Waste Management Act (Environmental Conservation
Law, Article 27). Solid wastes include sludges from air or water pollution
control facilities, demolition and construction debris and industrial and
commercial wastes.

Hazardous wastes are unwanted by-products of manufacturing processes and are
generally characterized as being flammable, corrosive, reactive, or toxic. More
specifically, hazardous waste is defined in Environmental Conservation Law
(Section 27-090111)), as "waste or corbination of wastes which because of its.
quantity, concentration, or physical, chemical or infectious characteristics
may: (1) cause, or significantly contribute to an increase in mortality or an
increase in serious irreversible, or incapacitating reversible illness; or (2)
pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, disposed, transported or otherwise
managed." A list of hazardous wastes (NYCRR Part 366) has been adopted by DEC
(6 NYCRR Part 371).

-Examples of solid waste management facilities include resource recovery
facilities, sanitary landfills and solid waste reduction facilities. Although
a fundamental problem associated with the disposal and treatment of solid wastes
is the contamination of water resources, other related problems may include:
filling of wetlands and littoral areas, atmospheric loading, and degradation of
scenic resources.

POLICY 40 THE STATE COASTAL POLICY REGARDING EFFLUENT DISCHARGED FROM
MAJOR STEAM ELECTRIC GENERATING FACILITIES IS NOT APPLICABLE
TO THE CITY OF LACKAWANNA.

r
POLICY 41 LAND USE OR DEVEI&OPMENT IN THE COASTAL ARRA WILL NOT CAUSE
NATIONAL OR STATE AIR QUALITY STANDARDS TO BE VIOLATED.

The City's Local Waterfront Revitalization Program incorporates the air quality
policies and programs developed for the State by the Department of Environmental
is 111-29

Conservation pursuant to the Federal Clean Air Act and State laws on air
quality. The requirements of the Clean Air Act are the minimum air quality
control requirements applicable within the coastal area.

POLICY 42 COASTAL MANAGEMENT POLICIES WILL BE CONSIDERED IF THE STATE
RECLASSIFIES LAND AREA PURSUANT TO THE PREVENTION OF SIGNI-
FICANT DETERIORATION REGULATIONS OF THE FEDERAL CLEAN AIR ACT.

Reclassification of an area from non-attainment to attainment allows for
construction of new major sources of air pollution, when Prevention of
Significant Deterioration (PSD) requirements are met. Should an area remain
non-attainment, no new major sources of air pollution are allowed to be built.
Permit requirements for construction of a new major source in a non-attainment
area are more restrictive than for construction of the same source in an
attainment area. Therefore, it is the policy of New York State to have areas
classified as attainment as soon as possible to allow for future industrial
growth.

NYSDEC has submitted a State Implementation Plan to the U.S. Environmental
Protection Agency to achieve air quality standards for the Lackawanna area as
required by the Clean Air Act. In addition, DEC has requested the USEPA to
reclassify the Lackawanna/ South Buffalo area to attainment for particulates,
since air quality sampling has shown the area to be in compliance for
particulates. The area has already been classified as attainment for the
remaining criteria contaminants (SO2, NOX, CO, and Ozone) and PSD must be
considered.

POLICY 43 LAND USE OR DEVELOPMENT IN THE COASTAL AREA MUST NOT CAUSE THE
GENERATION OF SIGNIFICANT AMOUNTS OF THE ACID RAIN PRECURSORS:
NITRATES AND SULFATES.

The New York State Coastal Management Program and this Local Waterfront
Revitalization Program incorporates the State I s - policies on acid rain. As such,
these programs will assist in the State's efforts to control acid rain. Such
efforts will enhance the continued viability of coastal fisheries, wildlife,
agricultural, scenic and water resources.

POLICY 44 THE STATE COASTAL POLICY REGARDING THE PROTECTION OF WETLANDS
IS NOT APPLICABLE TO THE CITY OF LACKAWANNA.

111-30

SECTION IV

PROPOSED LAND AND WATER USES
. is

A. LAND USES

Plans for redeveloping the Bethlehem Steel complex are presently in their
initial stages. The recently completed Harborfront study (Feb. 1987),
prepared for the Western New York Economic Development Corporation,
Bethlehem Steel and Buffalo Crushed Stone, states that: "Fundamentally,
the land plan strives to accomplish one primary objective which is to
promote a balanced built environment along one of the region's primary
locational assets - its waterfront" (p. 19). Conceptually, that portion
of the Bethlehem complex within the City of Lackawanna is proposed to be
redeveloped for industrial uses, transportation purposes and recreation.

The steel company's coke plant is expected to remain in operation for the
foreseeable future. The facility will continue to occupy abut 60 acres
of land along the west side of the Lackawanna Ship Canal. This canal and
the extensive rail network within the Bethlehem Steel Complex combine to
provide a major opportunity for developing a multi-modal transportation
center serving the entire Western New York region, and has been named
"Gateway Metroport" (See Map 8).

Gateway Metroport's principal asset is the canal, a 4,0001-long, 2001-
wide channel with a 28' depth. The canal can accommodate several 1,000,
lake freighters simultaneously, and is the easternmost port on the Great
Lakes that can berth ships of this size (lock sizes on the Welland Canal
prohibit entry of these vessels into Lake Ontario and the St. Lawrence
River). The South Buffalo Railway network servicing the Bethlehem complex
provides connections to f ive national carriers, and has 27 locomotives and
an automatic rail car loader. Three miles of conveyors expedite cargo
handling and ship-to-rail transfer of materials. Selective demolition of
several abandoned buildings in the vicinity of the canal will result in
the retention and rehabilitation of roughly 160,000 sq. ft. of enclosed
bulk-storage space and the availability of 150 acres of open bulk storage
area. In addition, an existing 600,000 bbl. tank farm will be demolished
and made available for heavy industrial use. About 350 acres of land will
be occupied by Gateway Metroport facilities.

Roughly 4 acres of land within Gateway Metroport has been designated a
foreign trade zone. Aggressive marketing of this facility is currently
underway in Canada and Japan, as well as throughout much of the United
States. In addition, the former Bethlehem Employment Building is proposed
to be redeveloped into an office center, with roughly 50,000 sq. ft. of
floor space being made available.

Over 400 acres of lakeshore land is presently an abandoned slag disposal
area. Buffalo Crushed Stone is in the process of reclaiming these deposits
for use in construction projects throughout the northeast. A state-of-
the-art slag processing facility has recently been established on the site.
Full recovery of all deposits is estimated to take 20 years. A final grade
of roughly 12' above the lake level is proposed to be established along
the shoreline. Upon completion of slag reclamation, land will be avail-
able for water-dependent or water-enhanced uses. Specific future uses to

IV-3

be accommodated will be determined based partly upon future market
conditions.

The remainder of the steel complex is proposed to house general industrial
uses and rail transfer yards. Demolition of rougbly 70% of all abandoned
structures will result in the retention of about 1,500,000 sq. ft. of
industrial space on site. Roughly 400 acres of cleared land will become
available for the construction of new industrial space.

Light and medium industrial development compatible with the nearby Gateway
and New Village Industrial Parks is planned for the northeast portion of
the Bethlehem complex along Route 5. A variety of smaller industrial
parcels ranging in size from 2 to 20 acres could be created, depending upon
market conditions. Further south along Route 5, approximately 200 acres
of land are available with ready access to major electric and natural gas
trunk lines. This area is particularly suitable for a single large-scale
en8 user of high energy quantities.

A landscaped corridor along the Lake Erie shore is proposed to be created,
extending from the mouth of Smoke's Creek south into the Town of Hamburg
to Woodlawn Beach. This corridor would be suitable for passive recreation
such as bank fishing, picnics, strolling and cycling, and would provide
the general public with an opportunity to gain access to the Lackawanna
waterfront for the first time in the City's history. Vehicular access to
the corridor from Route 5 will require further study and cooperative
ef forts among the City of Lackawanna, Town of Hamburg, and private owners.

Substantial landscaping is also proposed along the Route 5 corridor, with
berms, plantings, and coordinated signage envisioned. Special,attention
is planned for the Route 5 - Ridge Road intersection in order to ' create
an aesthetically pleasing entry to the Ridge Road business district and
the New Village Industrial Park immediately east of Route 5.

Finally, the Smoke's Creek corridor from Route 5 inland to Electric Avenue
is proposed to be retained as open space in conformance with its existing
condition.

B. MiTER USES

The Lackawanna Ship Canal and nearby sections of Lake Erie have
historically been used for transportation and industrial purposes.
Although future demand for industrial cooling and processing water will
be greatly diminished from pre-1980 levels, some water will continue to
be required for the remaining active portions of the Bethlehem Steel
facility, and possibly for future water-dependent industrial uses which
might develop in response to market conditions. With strong emphasis being
given to developing Gateway Metroport into a major transportation hub, the
use of the canal by commercial shipping will likely increase.

IV-4

Elsewhere along the City's shoreline, the Lake will be used for
recreational boating and fishing. The Lake will also act as a scenic
setting for passive shoreline recreation activities.

IV-5

... ........ .
City of Buffalo

....... ---
... .......

...........
Rd

t.... W..". -E::: -

Pon

%
........ . . . .

RRA
sma

r
0 P 1- 1-4 5PACS

ZZIX X.
Village of Blasden
W.
. . ....... . Hamburg
N

. . . . . . . . . . . . . .
'"108 K*.'-'R AN01.
14.4 0 1000 2=

OECEMBER 1985

MAP 7
LOCAL WATERFRONT REVITALIZATION PROGRAM LAND USE
E.RIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING PLAN
ISL - -1 CITY OF LACKAWANNA

LEQENEX
VISUAL/NOISE BUFFER
VEHICULAR CIRCULATION
EXISTING UTILITY CORRIDOR
RAIL CORRIDOR
BREAKW-ATgw'

RUSH CREEK RECREATION2
INDUSTRIAL WIL come or
WATER DEPENDEN-1.7 9"4049M
WKS
,am TO 'm BLASOELL CREEK nCt A- HEA Y AIMAMOMM41AL
,@=TVONT M4RMX u
DEVELOPMENT

ECREATIOW < BULK STORAGE
TANK FARM
i
HEAVYI
0 0 0
EXISTING WOODLAWN
RESIDENTIAL AREA
OKE T
>@:7jRAIL
ITRANSFEJ3- 000

SPWCIALTY
PRIMARY Ts INDUSTRIAL
ACCESS ......
Ell
PORT

A.'
SHORT TERM Ciro
PREPARE RT. 5 CORRIDOR INDUSTRIAL SITES FOR I USTRIA
RAIL (soon 0 ImIgripUZ RT/MEDIUM
REABSORBTION ACCES
A
TWO SeTwe"em
CONTINUE -DEMOLITION (CONTROLLED/PHASED) "ST112 STAkO AL*kIl
0"AAn0"S
RT. 5 CORRIDOR IMPROVEMENT
REALIGN RUSH & BLASDELL CREEKS (POLLUTION) FIT. 3
SECO ANY
ESTABLISH SEPARATION BETWEEN MARINA /INDUSTRIAL &IMARY --A
ACCESS
SET ELEVATION, ETC. EXHIBIT 10'-
�ACCESS e NORTH END TO RT-5 PHASE I - 5 YEAR PUN
�MARINA DEVELOPMENT & CONCLUDE PORTION OF
SLAG OPERATION HARBORFRONT
�RT. 5 ACCESS
�PUBLIC ACCESS TO SMOKES CREEK MOUTH THE SARATOGA ASSOCIATES
�ESTABLISH TRAN .SPORTATION &UTILITY CORRIDORS LANDSCAPE ARCHITECTS ARCHITECTS PLANAIM
�RESPOND TO MARKET DEMAND NUSSBAUMER &CLARKEINC
�PORT DEVELOPMENT 2000 3000 80" CONSULTING ENGINEERS
0 Sao 1000 ECONOMICS RESEARCH ASSOCIATES
�RAIL TRANSFER CONSOLIDATION /ACCESS 2CONOWC CONSI&TAMM
CLEAN-UP WASTE DISPOSAL SITES

MAP V
ILLUSTRATIVE SITE PLAN

SECTION V
TECHNIQUES FOR LOCAL IMPLE MEN TATION OF THE PROGRAM
0

The City of Lackawanna has statutory, financial, and administrative mechanisms
presently in place which can be used to implement waterfront policies. The
Zoning ordinance, for example, includes provisions for good site design review.
There are no local environmental review provisions within City ordinances.
However, the City does have a f loodplain management ordinance and an active City
Planning Board, which will also function as the Local Waterfront Advisory
Committee. The City also has a Department of Development which is responsible
for administering the City's Community Development Block Grant funds, providing
liaison with the City Planning Board regarding zoning matters, and general policy
guidance regarding physical development to the Mayor and City Council.

The following pages brief ly describe existing implementation mechanisms, and list
additional mechanisms appropriate for realization of local waterfront policy
objectives.

A. LOCAL LAWS AND REGULATIONS NECESSARY TO IMPLEMENT THE LWRP

1. Existing Local Laws and Regulations

a) Sewers and Sewage Disposal Ordinance:

This local law regulates wastewater disposal procedures in the
City. The law classifies and regulates industrial and non-
industrial discharges, and establishes permit requirements
(Section 16-73, 74). Developments are required to connect to
public sewers where available (Section 16-5). Untreated dis-
charges into natural outlets are prohibited (Section 16-3).
Downspouts and similar stormwater drains are prohibited from
connecting to sanitary sewers (Section 16-32).

The Sewers and Sewage Disposal Ordinance serves to implement
the following policies:

(1) Policy 5 - Re: Location of Development in Areas Where
Public Services are Available - The Law requires all
development to connect to public sewers if possible.

(2) Policy 30 - Re: Discharge of Pollutants Into Coastal
Waters - The ordinance establishes a permitting system
for the discharge of industrial and non-industrial
pollutants. It also prohibits untreated discharges into
natural outlets.

(3) Policy 38 - Re: Conservation of Surface Water - Reference
should be made to the preceding paragraph.

(4) Policy 33 - Re: Stormwater Runof f and Combined Sewer
overflow - The ordinance prohibits downspouts and similar
stormwater drains from connecting to the sanitary sewer.

V-3

b) Flood Damage Prevention Ordinance

This local law restricts development in flood hazard areas and
f loodways identified by the Federal Emergency Management
Agency. The law minimizes the likelihood of property damage
due to flooding.

The law assists in implementing the following LWRP Policies:

(1) Policy 11A - Re: Flooding in Special Flood Hazard Areas:
Restrictions are placed on building construction
techniques to protect property and human safety in
certain areas subject to flooding.

(2) Policy 17 - Re: Use of Non-Structural Measures to
Minimize Flooding and Erosion Damage: The law includes
requirements for floodproofing buildings such as
construction above the base flood level.

C) Zoning Ordinance

The purpose of the City's Zoning Ordinance is to promote public
health, safety, and the welfare of the public through the
establishment of various land use zones within the City and
accompanying provisions pertaining to land use type, bulk,
location, landscaping, parking, signage, flood damage preven-
tion, site plan review, etc.

As previously described in the Inventory and Analysis Section,
virtually all of the waterfront area lies within the recently
established Mixed Development District. The District is
designed as a planned unit development for a wide range of uses
and to permit great flexibility in the use and design of
structures. See Appendix C for the text of this district.

The Zoning Ordinance will assist in the implementation of the
following policies:

Policy 1 - The provisions of the Mixed Development District
(Section 20-30) will assist in implementing the mixed-use
development strategy proposed for the former Bethlehem Steel
Complex. The Site Plan Review provisions of the Ordinance
(Article XI) will also contribute substantially toward
implementation of this policy, as it functions to ensure
optimum overall design and redevelopment of parcels, taking
into account natural and man-made resources.

Policy 2 - The Mixed Development District established a variety
of water-dependent uses as principal permitted uses, such as
marinas, boat launches, docks, marine services, and public
recreation and swimming uses.

V-4

Policv 5 - The Site Plan Review provisions of the Zoning
ordinance will help to ensure that future development be
designed in a manner which takes into consideration the
adequacy of the necessary infrastructure (Section 20-84).'

Policy 11 - The provisions of the Flood Plain Overlay District
(Section 20-38) substantially contribute to the implementation
of this policy. This district, which governs development
within flood hazard areas and floodways, discourages and
restricts uses which can be sited in flood prone areas and
establishes methods for minimizing property damage for those
uses which can be located within such areas.

Policy 14 - The provisions of the Flood Plain Overlay District
(Section 20-38) contribute towards the implementation of this
policy through the regulation of development and placement of
fill within flood hazard areas and floodways.

Policy 17 - The provisions of the Flood Plain Overlay District,
as well as Site Plan Review (Article XI) assist in the imple-
mentation of this policy. As previously described, the Flood
Plain Overlay District provides for the restriction of develop-
ment within flood prone areas, as well as design standards
aimed at preventing and minimizing damage to property f rom
flooding. In addition, the Zoning Ordinance's Site Plan Review
provisions (Section 20-84,D, especially) establish specific
standards related to the siting of shoreline development.

Policy 21 - The provisions of the Mixed Development District
assist in the implementation of this policy. The District
establishes a number of water-related uses (marinas, boat
launches, public recreation facilities, etc.) as principal
permitted uses.

Policy 22 - The Mixed Development District is designed to
provide for redevelopment of the waterfront area through mixed
uses in an integrated and controlled manner. The District
provides for a full range of residential, commercial, and
industrial uses to be established in conjunction with water-
related uses which allow for public access and recreation along
the shoreline.

Policy 25 - The Signage and Site Plan Review provisions will
assist in the implementation of this policy. Section 20-37
provides signage regulations which are intended to assure that
signs will be aesthetically harmonious with the overall design
of,an area, and which will restrict garish and out-of-scale
signs. Site Plan Review provisions establish landscaping and
other design standards which are intended to enhance the
aesthetic appearance of future development.

V-5

Policy 33 - The Site Plan Review provisions set forth a number
of general standards, such as landscaping and regulation of
parking areas, which are intended to control stormwater runoff.

B. ADDITIONAL LOCAL LAWS AND REGULATIONS ADOPTED

1. LWRP Consistency La

This local law will assist in the implementation of all applicable
policies by requiring that direct and indirect (permitted and funded)
actions undertaken by the City be done in a manner which is
consistent, to the maximum extent practicable, with the policies and
purposes of the LWRP. See Appendix B for the text of this local law.

C. OTHER PUBLIC AND PRIVATE ACTIONS NECESSARY TO IMPLEMENT THE LWRP.

1. Local Government Actions Necessary to Implement the LWRP

a) Public Property Acquisition: The City will actively work with
Buffalo Crushed Stone and the Town of Hamburg to provide public
access to Lake Erie via a 3,2001 linear corridor between
Smoke's Creek and the Town of Hamburg boundary. It is under-
stood that actual implementation of such a concept is 6-10
years away; however, discussions should begin soon to ensure
proper integration with private redevelopment plans.

b) Public Access Feasibility Study: The City of Lackawanna should
undertake a detailed feasibility study to best determine the
constraints and opportunities of (1) developing a public
corridor along Lake Erie, and (2) providing vehicular access
to the site through private property. Maximum coordination
.must occur with Buffalo Crushed Stone.

The study should also include a physical analysis of the
Smoke's Creek shoreline to determine good locations for
launching car-top boats and/or shallow draft motor boats. The
analysis must also consider parking needs as a key element of
the study. Finally, any study to provide public access to
Smoke's Creek must include detailed information regarding the
impact any improvements would have on the U.S. Army Corps of
Engineers Flood Protection Program.

C) Non-Local Funding: The City will apply for funding assistance
through appropriate State and Federal programs and other
funding sources which may become available to implement the
public park along Lake Erie. Relevant programs are listed
under Section VI "Federal and State Programs Likely to Affect
Implementa-tion." City personnel will assist in the
preparation of specific grant applications to secure such
funding.

V-6

d) Economic Opportunity Zone: The City, through the Lackawanna
Community Development Corporation, should continue promoting
and marketing the Economic Opportunity Zone. This will aid
in attracting new industrial and transportation uses to
appropriate sections of the LWA.

e) Continued assistance from the Erie County Industrial
Development Agency in securing federal and State grant monies
for (1) the port terminal building, and (2) Ridge Road
extension projects.

f) Successful resolution of the sewer treatment issue among
Bethlehem Steel Corporation, Buf f alo Crushed Stone, Erie County
Sewer District #6, and the City of Lackawanna.

2. Private Actions Necessary to Implement the LWRP

The following private actions are necessary to implement the LWRP.

a) Continued aggressive marketing by Buffalo Crushed Stone and
Bethlehem Steel Corporation to successfully attract tenants
to the proposed industrial park within the former Bethlehem
site.

b) Successful rental and rehabilitation by the private owners of
the former Bethlehem Steel employment office building and its
preservation as an architecturally and historically signif icant
structure. The owners will be made aware of State assistance
in determining the structure's eligibility for inclusion in
the Federal or State Registers of Historic Places and the
subse-quent financial incentives such designation opens up to
the property owner. The Erie County Department of Environment
and Planning and City of Lackawanna will so inform the owner.

C) Positive negotiation between Bethlehem Steel Corporation and
the City of Lackawanna regarding the provision of public access
to Lake Erie between Smoke ' s . Creek . and. the Town of Hamburg
boundary.

d) Continued aggressive marketing by Buffalo Crushed Stone to
successfully attract commercial shipping to the Lackawanna Ship
Canal, thereby creating spin-off development for adjacent
parcels.

e) Cleanup of inactive hazardous waste sites by the Bethlehem
Steel Corporation.

f) Full compliance with all federal and State air quality permits
by Bethlehem Steel Corporation as pertains to the coke oven
operation.

V-7

g) Completion of all demolition phases by the Bethlehem Steel
Corporation.

D. MANAGEMENT STRUCTURE NECESSARY TO IMPLEMENT THE LWRP

1. Overall Program Coordination

Successful implementation of the Local Waterfront Revitalization
Program will require the participation of the City Council, Planning
Board, Zoning Board of Appeals, and Director of Development.

The Mayor will serve as the lead local contact for the LWRP. The
office will be responsible for ensuring that all waterfront related
actions are properly reviewed by the City Council for consistency
with shoreline policies. The office will also be the contact for
all correspondence with NYSDOS regarding this program.

2. Management Responsibilities

a) The Planning Board will review all Type I and Unlisted proposed
public and private actions within the waterfront area to ensure
compatibility with adopted waterfront policies. Therecommend-
ations will then be forwarded to the City Council. The
Planning Board will also determine the necessity for various
technical studies, and initiate efforts to identify and
implement various public and private projects that further
enhance waterfront revitalization.

b) City Council: The City Council will enact and amend the local
laws affecting the implementation of waterfront policy
objectives, including adoption of the municipal budget. The
Council will be responsible for determining consistency of
waterfront actions with the LWRP.

c) Zoning Board of Appeals: The Zoning Board of Appeals will
exercise authority over the granting of variances from the
provisions proposed in the revised City Zoning Ordinance.

d) Department of Development: The staf f and resources of the
Department of Development will provide necessary technical
support to the Planning Board and Mayor Is office as requested.
Such support will include environmental reviews and zoning
analyses for actions within the local waterfront area.

e) Local Compliance: All proposed Type I and Unlisted actions
as def ined by the State Environmental Quality Review Act within
the waterfront area will be subject to scrutiny by the Planning
Board for consistency with adopted waterfront policies.
Reference should be made to Appendix B and the local
consistency law for a clear descrip-tion of local compliance.

V-8

f) Local Review of State and Federal Actions: The City will
review proposed State and federal actions within the waterfront
area in accordance with guidelines established by the New York
State Department of State. Such guidelines are set forth in
Appendix D.

V-9

IMPLEMENTATION BLUEPRINT

ACTION IM PLEMENTOR TIME FRAME

1. REGULATORY CHANGES

o Local Consistency Law City of Lackawanna 1989

2. CAPITAL PROJECT

o Lake Erie Linear Park
- Property Acquisition City of Lackawanna 1991
Reservation
- Design City of Lackawanna 1993
- Construction City of Lackawanna 1994
U.S. Dept. of Housing
and Urban Development
NYS Office of Parks,
Recreation and Historic
Preservation

Owner City of Lackawanna

3. CAPITAL PROJECT

o Father Baker Bridge Reconstruction
Design NYS DOT 1988
Construction HYS DOT 1989-1991
Owner New York State

4. BETHLEHEM SITE DEVELOPM ENT

o Site Demolition Private Action 1989
o Slag Recla-tion Private Action 1988-1995
o Port Area Redevelopment Private Action 1988-1990
o Development of Light Industrial Private Action 1992-2000
Park

S. PLANNING ACTIONS

o Public Access Feasibility Study City of Lackawanna 1990
KYS Dept. of State

V-10

SECTION VI

STATE AND FEDERAL ACTIONS AND PROGRAMS
LIKELY TO AFFECT IMPLEMENTATION

State and Federal actions will affect and be affected by implementation of the
LWRP. Under State law and the U.S. Coastal Zone Management Act, certain State
and Federal actions within or af f ecting the local waterf ront area must be
11consistent" or "consistent to the maximum extent practicable" with the
enforceable policies and purposes of the LWRP. This consistency requirement
makes the LWRP a unique, intergovernmental mechanism for setting policy and
making decisions and belps to prevent detrimental actions from occurring and
future options from being needlessly foreclosed. At the same time, the active
participation of State and Federal agencies is also likely to be necessary to
implement specific provisions of the LWRP.

The first part of this section identifies the actions and programs of State and
Federal agencies which should be undertaken in a manner consistent with the LWRP.
This is a generic list of actions and programs, as identified by the NYS
Department of State;' therefore, some of the actions and programs listed may not
be relevant to this LWRP. Pursuant to the State Waterfront Revitalization and
Coastal Resources Act (Executive Law, Article 42), the Secretary of State
individually and separately notifies affected State agencies of those agency
actions and programs which are to be undertaken in a manner consistent with
approved LWRPs. Similarly, Federal agency actions and programs subject to
consistency requirements are identified in the manner prescribed by the U.S.
Coastal Zone Management Act and its implementing regulations. The lists of State
and Federal actions and programs included herein are informational only and do
not represent or substitute for the required identification and notification
procedures. The current official lists of actions subject to State and Federal
consistency requirements may be obtained from the NYS Department of State.

The second part of this section is a more focused and descriptive list of State
and Federal agency actions which are necessary to further implementation of the
LWRP. It is recognized that a State or Federal agency's ability to undertake
such actions is subject to a variety of factors and considerations; th at the
consistency provisions referred to above, may not apply; and that the consistency
requirements can not be used to require a State or Federal agency to undertake
an action it could not undertake pursuant to other provisions of law. Reference
should be made to Section IV and Section V, which also discuss State and Federal
assistance needed to implement the LWRP.

VI-3

A. State and Federal Actions and Programs Which Should be Undertaken in a
Manner Consistent with the LWRP

1. State Agencies

OF7ICE FOR THE AGING

1.00 Funding and/or approval programs for the establishment of new or
expanded facilities providing various services for the elderly.

DEPARTMENT OF AGRICULTURE AND MARKETS

1.00 Agricultural Districts Program
2.00 Rural Development Program
3.00 Farm Worker Services Programs.
4.00 Permit and approval programs:

4.01 Custom Slaughters/Processor Permit
4.02 Processing Plant License
4.03 Refrigerated Warehouse and/or Locker Plant License

DIVISION OF ALCOHOLIC BEVERAGE CONTROL/STATE LIQUOR AUTHORITY

1.00 Permit and Approval Programs:

1.01 Ball Park - Stadium License
1.02 Bottle Club License
1.03 Bottling Permits
1.04 Brewer's Licenses and Permits
1.05 Brewer's Retail Beer License
1.06 Catering Establishment Liquor License
1.07 Cider Producer's and Wholesaler's Licenses
1.08 Club Beer, Liquor, and Wine Licenses
1.09 Distiller's Licenses
1.10 Drug Store, Eating Place, and Grocery Store Beer Licenses
1.11 Farm Winery and Winery Licenses
1.12 Hotel Beer, Wine, and Liquor Licenses
1.13 Industrial Alcohol Manufacturer's Permits
1.14 Liquor Store License
1.15 On-Premises Liquor Licenses
1.16 Plenary Permit (Miscellaneous-Annual)
1.17 Summer Beer and Liquor Licenses
1.18 Tavern/Restaurant and Restaurant Wine Licenses
1.19 Vessel Beer and Liquor Licenses
1.20 Warehouse Permit
1.21 Wine Store License
1.22 Winter Beer and Liquor Licenses
1.23 Wholesale Beer, Wine, and Liquor Licenses

VI-4

DIVISION OF ALCOHOLISM AND ALCOHOL ABUSE

1.00 Facilities, construction, rehabilitation, expansion, or demolition
or the funding of such activities.

2.00 Permit and approval programs:

2.01 Letter Approval for Certificate of Need
2.02 Operating Certificate (Alcoholism Facility)
2.03 Operating Certificate (Community Residence)
2.04 Operating Certificate (Outpatient'Facility)
2.05 Operating Certificate (Sobering-Up Station)

COUNCIL ON THE ARTS

1.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding of such activities.

2.00 Architecture and environmental arts program.

DEPARTMENT OF BANKING

1.00 Permit and approval programs:

1.01 Authorization Certificate (Bank Branch)
1.02 Authorization Certificate (Bank Change of Location)
1.03 Authorization Certificate (Bank Charter)
1.04 Authorization Certificate (Credit Union Change of Location)
1.05 Authorization Certificate (Credit Union Charter)
1.06. Authorization Certificate (Credit Union Station)
1.07 Authorization Certificate (Foreign Banking Corporation-Change
of Location)
1.08 Authorization Certificate (Foreign Banking Corporation Public
Accommodations Office
1.09 Authorization Certificate (Investment Company Branch)
1.10 Authorization Certificate (Investment Company Change of
Location)
1.11 Authorization Certificate (Investment Company Charter)
1.12 Authorization Certif icate (Licensed Lender Change of Location)
1.13 Authorization Certificate (Mutual Trust Company Charter)
1.14 Authorization Certificate (Private Banker Charter)
1.15 Authorization Certificate (Public Accommodation Office - Banks)
1.16 Authorization Certificate (Safe Deposit Company Branch)
1.17 Authorization Certificate (Safe Deposit Company Change of
Location)
1.18 Authorization Certificate (Safe Deposit Company Charter)
1.19 Authorization Certificate (Savings Bank Charter)
1.20 Authorization Certificate (Savings Bank De Novo Branch Office)
1.21 Authorization Certificate (Savings Bank Public Accommodations
Office)
1.22 Authorization Certificate (Savings and Loan Association Branch)

VI-5

1.23 Authorization Certificate (Savings and Loan Association Change
of Location)
1.24 Authorization Certificate (Savings and Loan Association
Charter)
1.25 Authorization Certificate (Subsidiary Trust Company Charter)
1.26 Authorization Certificate (Trust Company Branch)
1.27 Authorization Certificate (Trust Company-Change of Location)
1.28 Authorization Certificate (Trust Company Charter)
1.29 Authorization Certificate (Trust Company Public Accommodations
office)
1.30 Authorization to Establish a Life Insurance Agency
1.31 License as a Licensed Lender
1.32 License for a Foreign Banking Corporation Branch

DEPARTMENT OF COMMERCE

1.00 Preparation or revision of statewide or specific plans to address
State economic development needs.
2.00 Allocation of the state tax-free bonding reserve.

DEPARTMENT OF CORRECTIONAL SERVICES

1.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding of such activities.

DORMITORY AUTHORITY OF THE STATE OF NEW YORK

1.00 Financing of higher education and health care facilities.

2.00 Planning and design services assistance program.

EDUCATION DEPARTMENT

1.00 Facilities construction, rehabilitation, expansion, demolition or
the funding of such activities.

2.00 Permit and approval programs:

2.01 Certification of Incorporation (Regents Charter)
2.02 Private Business School Registration
2.03 Private School License
2.04 Registered Manufacturer of Drugs and/or Devices
2.05 Registered Pharmacy Certificate
2.06 Registered Wholesale of Drugs and/or Devices
2.07 Registered Wholesaler-Repacker of Drugs and/or Devices
2.08 Storekeeper's Certificate

ENERGY PLANNING BOARD AND ENERGY OFFICE

1.00 Preparation and revision of the State Energy Master Plan.

VI-6

NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY

1.00 Issuance of revenue bonds to finance pollution abatement modifica-
tions in power-generation facilities and various energy projects.

DEPARTMENT OF ENVIRONK ENT AL CONSERVATION

1.00 Acquisition, disposition, lease, grant of easement and other
activities related to the management of lands under the jurisdic-
tion of the Department.

2.00 Classification of Waters Program; classification of land areas under
the Clean Air Act.

3.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding of such activities.

4.00 Financial assistance/grant programs:

4.01 Capital projects for limiting air pollution
4.02 Cleanup of toxic waste dumps
4.03 Flood control, beach erosion and other water resource projects
4.04 Operating aid to municipal wastewater treatment facilities
4.05 Resource recovery and solid waste management capital projects
4.06 Wastewater treatment facilities

5.00 Funding assistance for issuance of permits and other regulatory
activities (New York City only).

6.00 Implementation of the Environmental Quality Bond Act of 1972,
including:

(a) Water Quality Improvement Projects
(b) Land Preservation and Improvement Projects including Wetland
Preservation and Restoration Projects, Unique Area Preservation
Projects, Metropolitan Parks Projects, Open Space Preservation
Projects and Waterways Projects.

7.00 Marine Finfish and Shellfish Programs.

8.00 New York Harbor Drift Removal Project.

9.00 Permit and approval programs:

9.01 Certificate of Approval for Air Pollution Episode Action Plan
9.02 Certificate of Compliance for Tax Relief - Air Pollution
Control Facility
9.03 Certificate to Operate: Stationary Combustion Installation;
Incinerator; Process, Exhaust or Ventilation System
9.04 Permit for Burial of Radioactive Material
9.05 Permit for Discharge of Radioactive Material to Sanitary Sewer

VI-7

9.06 Permit for Restricted Burning
9.07 Permit to Construct: a Stationary Combustion Installation;
Incinerator; Indirect Source of Air Contamination; Process,
Exhaust or Ventilation System
9.08 Approval of Plans and Specifications for Wastewater Treatment
Facilities
9.09 Certificate to Possess and Sell Hatchery Trout in New York
State
9.10 Commercial Inland Fisheries Licenses
9.11 Fishing Preserve License
9.12 Fur Breeder's License
9.13 Game Dealer's License
9.14 Licenses to Breed Domestic Game Animals
9.15 License to Possess and Sell Live Game
9.16 Permit to Import, Transport and/or Export under Section 184.1
(11-0511)
9.17 Permit to Raise and Sell Trout
9.18 Private Bass Hatchery Permit
9.19 Shooting Preserve Licenses
9.20 Taxidermy License
9.21 Certificate of Environmental Safety (Liquid Natural Gas and
Liquid Petroleum Gas)
9.22 Floating Object Permit
9.23 Marine Regatta Permit
9.24 Mining Permit
9.25 Navigation Aid Permit
9.26 Permit to Plug and Abandon (a non-commercial, oil, gas or
solution mining well)
9.27 Permit to Use Chemicals for the Control or Elimination of
Aquatic Insects
9.28 Permit to Use Chemicals for the Control or Elimination of
Aquatic Vegetation
9.29 Permit to Use Chemicals for the Control or Extermination of
Undesirable Fish
9.30 Underground Storage Permit (Gas)
9.31 Well Drilling Permit (Oil, Gas, and Solution Salt Mining)
9.32 Digger's. Permit (Shellfish)
9.33 License of Menhaden Fishing Vessel
9.34 License for Non-Resident Food Fishing Vessel
9.35 Non-Resident Lobster Permit
9.36 Marine Hatchery and/or Off-Bottom Culture Shellfish Permits
9.37 Permits to Take Blue-Claw Crabs
9.38 Permit to Use Pond or Trap Net
9.39 Resident Commercial Lobster Permit
9.40 Shellfish Bed Permit
9.41 Shellfish Shipper's Permits
9.42 Special Permit to Take Surf Clams from Waters other than the
Atlantic Ocean
9.43 Approval - Drainage Improvement District
9.44 Approval - Water (Diversions for) Power
9.45 Approval of Well System and Permit to Operate

VI-8

9.46 Permit - Article 15, (Protection of Water) - Dam
9.47 Permit - Article 15, (Protection of Water) - Dock, Pier or
Wharf
9.48 Permit - Article 15, (Protection of Water) Dredge or Deposit
Material in a Waterway
9.49 Permit - Article 15, (Protection of Water) Stream Bed or Bank
Disturbances
9.50 Permit - Article 15, Title 15 (Water Supply)
9.51 Permit - Article 24, (Freshwater Wetlands)
9.52 Permit - Article 25, (Tidal Wetlands)
9.53 River Improvement District Approvals
9.54 River Regulatory District Approvals
9.55 Well Drilling Certificate of Registration
9.56 Permit to Construct and/or Operate a Solid Waste Management
Facility
9.57 Septic Tank Cleaner and Industrial Waste Collector Permit
9.58 Approval of Plans for Wastewater Disposal Systems
9.59 Certificate of Approval of Realty Subdivision Plans
9.60 Certificate of Compliance (Industrial Wastewater Treatment
Facility)
9.61 Letters of Certification for Major Onshore Petroleum Facility
Oil Spill Prevention and Control Plan
9.62 Permit - Article 361 (Construction in Flood Hazard Areas)
9.63 Permit for State Agency Activities for Development in Coastal
Erosion Hazards Areas
9.64 Permit for State Agency Activities for Development in Coastal
Erosion Hazards Areas
9.65 State Pollutant Discharge"Elimination'System (SPDES) Permit
9.66 401 Water Quality Certification

10.00 Preparation and- revision of Air Pollution State Implementation Plan.

11.00 Preparation and revision of Continuous Executive Program Plan.

12.00 Preparation and revision of Statewide Environmental Plan.

13.00 Protection of Natural and Man-made Beauty Program.

14.00 Urban Fisheries Program.

15.00 Urban Forestry Program.

16.00 Urban Wildlife Program.

ENVIRONMENTAL FACILITIES CORPORATION

1.00 Financing program for pollution control facilities for industrial
firms and small businesses.

VI-9

FACILITIES DEVELOPMENT CORPORATION

1.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding of such activities.

OFFICE OF GENERAL SERVICES

1.00 Administration of the Public Lands Law for acquisition and
disposition of lands, grants of land and grants of easement of land
under water, issuance of licenses for removal of materials from lands
under water, and oil and gas. leases for exploration and development.

2.00 Administration of Article 4-B, Public Buildings Law, in regard to
the protection and management of State historic and cultural
properties and State uses of buildings of historic, architectural
or cultural significance.

3.00 Facilities construction, rehabilitation, expansion, or demolition.

DEPARTMENT OF HEALTH

1.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding of such activities.

2.00 Permit and approval programs:

2.01 Approval of Completed Works for Public Water Supply
Improvements
2.02 Approval of Plans for Public Water Supply Improvements.
2.03 Certificate of Need (Health Related Facility - -except
Hospitals)
2.04 Certificate of Need (Hospitals)
2.05 Operating Certificate (Diagnostic and Treatment Center)
2.06 Operating Certificate (Health Related Facility)
2.07 Operating Certificate (Hospice)
2.08 Operating Certificate (Hospital)
2.09 Operating Certificate (Nursing Home)
2.10 Permit to Operate a Children's Overnight or Day Camp
2.11 Permit to Operate a Migrant Labor Camp
2.12 Permit to Operate as a Retail Frozen Dessert Manufacturer
2.13 Permit to Operate a Service Food Establishment
2.14 Permit to Operate a Temporary Residence/Mass Gathering
2.15 Permit to Operate or Maintain a Swimming Pool or Public Bathing
Beach
2.16 Permit to Operate Sanitary Facilities for Realty Subdivisions
2.17 Shared Health Facility Registration Certificate

DIVISION OF HOUSING AND CO)"ITY REIWdAL AND ITS SUBSIDIARIES AND
AFFILIATES

1.00 Facilities construction, rehabilitation, expansion, or demolition.

VI-10

2.00 Financial assistance/grant programs:

2.01 Federal Housing Assistance Payments Programs (Section 8
Programs)
2.02 Housing Development Fund Programs
2.03 Neighborhood Preservation Companies Program
2.04 Public Housing Programs
2.05 Rural Initiatives Grant Program
2.06 Rural Preservation Companies Program
2.07 Rural Rental Assistance Program
2.08 Special Needs Demonstration Projects
2.09 Urban Initiatives Grant Program
2.10 Urban Renewal Programs

3.00 Preparation and implementation of plans to address housing and
community renewal needs.

HOUSING FINANCE AGENCY

1.00 Funding programs for the construction, rehabilitation, or expansion
of facilities.

JOB DEVELOPMENT AUTHORITY

1.00 Financing assistance programs for commercial and industrial
facilities.

14EDICAL CARE FACILITIES FINANCING AGENCY

1.00 Financing of medical care facilities.

OFFICE OF MENTAL HEALTH

1.00 Facilities, construction, rehabilitation, expansion, or demolition
or the funding of such activities.

2.00 Permit and approval programs:

2.01 Operating Certificate (Community Residence)
2.02 Operating Certificate (Family Care Homes)
2.03 Operating Certificate (Inpatient Facility)
2.04 Operating Certificate (Outpatient Facility)

OFFICE OF 14ENTAL RETARDATION AND DEVELOPMENT DISABILITIES

1.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding of such activities.

VI-11

2.00 Permit and approval programs:

2.01 Establishment and Construction Prior Approval
2.02 Operating Certificate Community Residence
2.03 Outpatient Facility Operating Certificate

DIVISION OF MILITARY AND NAVAL AFFAIRS

1. 00 Preparation and implementation of the State Disaster Preparedness
Plan.

NATURAL HERITAGE TRUST

1.00 Funding program for natural heritage institutions.

NIAGARA FRONTIER TRANSPORTATION AUTHORITY (regional agency)

1.00 Acquisition, disposition, lease, grant of easement and other
activities related to the management of land under the jurisdiction
of the Authority.

2.00 Facilities construction, rehabilitation, expansion, or demolition.

3.00 Increases in special fares for transportation services to public
water-related recreation resources.

OFFICE OF PARKS, RECREATION AMD HISTORIC PRESERVATION (including Regional
State Park Comission)

1.00 Acquisition, disposition, lease, grant of easement or other
activities related to the management of land under the jurisdiction
of the Office.

2.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding of such activities.

3.00 Funding program for recreational boating safety and enforcement.

4.00 Funding program for State and local historic preservation projects.

5.00 Land and Water Conservation Fund programs.

6.00 Nomination of properties to the Federal and/or State Register of
Historic Places.

7.00 Permit and approval programs:

7.01 Floating Objects Permit
7.02 Marine Regatta Permit
7.03 Navigation Aide Permit
7.04 Posting of Signs Outside State Parks

VI-12

8.00 Preparation and revision of the Statewide Comprehensive Outdoor
Recreation Plan and the Statewide Comprehensive Historic Preservation
Plan and other plans for public . access, recreation, historic
preservation or related purposes.

9.00 Recreation services program.

10.00 Urban Cultural Parks Program.

POWER AUTHORITY OF THE STATE OF NEW YORK

1.00 Acquisition, disposition, lease, grant of easement and other
activities related to the management of land under the jurisdiction
of the Authority.

2.00 Facilities construction, rehabilitation, expansion, or demolition.

NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION

1.00 Corporation for Innovation Development Program.

2.00 Center for Advanced Technology Program.

NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION

1.00 Corporation for Innovation Development Program

2.00 Center for Advanced Technology Program

DEPARTMENT OF SOCIAL SERVICES

1.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding of such activities.

2.00 Homeless Housing and Assistance Program.

3.00 Permit and approval programs:

3.01 Certificate of Incorporation (Adult Residential Care
Facilities)
3.02 Operating Certificate (Children's Services)
3.03 Operating Certificate (Enriched Housing Program)
3.04 Operating Certificate (Home for Adults)
3.05 Operating Certificate (Proprietary Home)
3.06 Operating Certificate (Public Home)
3.07 Operating Certificate (Special Care Home)
3.08 Permit to Operate a Day Care Center

VI-13

DEPARTMENT OF STATE

1.00 Appalachian Regional Development Program.

2.00 Coastal Management Program.

3.00 Community Services Block Grant Program.

4.00 Permit and approval programs:

4.01 Billiard Room License
4.02 Cemetery Operator
4.03 Uniform Fire Prevention and Building Code

STATE UNIVERSITY CONSTRUCTION FUND

1.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding of such activities.

STATE UNIVERSITY OF NEW YORK

1.00 Acquisition, disposition, lease, grant of easement or other
activities related to the management of land under the jurisdiction
of the University.

2.00 Facilities construction, rehabilitation, expansion, or demolition.

DIVISION OF SUBSTANCE ABUSE SERVICES

1.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding of such activities.

2.00 Permit and approval programs:

2.01 Certificate of Approval (Substance Abuse Services Program)

NEW YORK STATE THRUWAY AUTHORITY (regional agency)

1.00 Acquisition, disposition, lease, grant of easement and other
activities related to the management of land under the jurisdiction
of the Authority.

2.00 Facilities construction, rehabilitation, expansion, or demolition.

3.00 Permit and approval programs:

3.01 Advertising Device Permit
3.02 Approval to Transport Radioactive Waste
3.03 Occupancy Permit

VI-14

DEPARTMENT OF TRANSPORTATION

1.00 Acquisition, disposition, lease, grant of easement and other
activities related to the management of land under the jurisdiction
of the Department.

2.00 Construction, rehabilitation, expansion, or demolition of facilities,
including but not limited to:

(a) Highways and parkways
(b) Bridges on the State highways system
(c) Highway and parkway maintenance facilities
(d) Barge Canal
(e) Rail facilities

3.00 Financial assistance/grant programs:

3.01 Funding programs for construction/reconstruction and
reconditioning/preservation of municipal streets and highways
(excluding routine maintenance and minor rehabilitation)

3.02 Funding programs for development of the ports of Albany,
Buffalo, Oswego, Ogdensburg and New York

3.03 Funding programs for rehabilitation and replacement of
municipal bridges

3.04 Subsidies program for marginal branchlines abandoned by Conrail

3.05 Subsidies program for passenger rail service

4.00 Permits and approval programs:

4.01 Approval of applications for airport improvements (construction
projects)

4.02 Approval of municipal applications for Section 18 Rural and
Small Urban Transit Assistance Grants (construction projects)

4.03 Approval of municipal or regional transportation authority
applications for funds for design, construction and
rehabilitation of omnibus maintenance and storage facilities

4.04 Approval of municipal or regional transportation authority
applications for funds for design and construction of rapid
transit facilities

4.05 Certificate of Convenience and Necessity to Operate a Railroad

4.06 Highway Work Permits

VI-15

4.07 License to Operate Major Petroleum Facilities

4.08 outdoor Advertising Permit (for off -premises advertising signs
adjacent to interstate and primary highway)

4.09 Permits for Use and occupancy of N.Y. State Canal Lands (except
Regional Permits [Snow Dumping])

4.10 Real Property Division Permit for Use of State-Owned Property

5.00 Preparation or revision of the Statewide Master Plan for
Transportation and sub-area or special plans and studies related to
the transportation needs of the State.

6.00 Water Operation and Maintenance Program--Activities related to the
containment of petroleum spills and development of an emergency oil-
spill control network.

URBAN DEVELOPMENT CORPORATION and its subsidiaries and affiliates

1.00 Acquisition, disposition, lease, grant of easement or other
activities related to the management of land under the jurisdiction
of the Corporation.

2.00 Construction, rehabilitation, expansion, or demolition of residen-
tial, commercialP industrial, and civic facilities and the funding
of such activities, including but not limited to actions under the
following programs:

(a) Tax-Exempt Financing Program
(b) Lease Collateral Program
(c) Lease Financial Program
(d) Targeted Investment Program
(e) Industrial Buildings Recycling Program

DIVISION OF YOUTH

1.00 Facilities construction, rehabilitation, expansion, or demolition
or the funding or approval of such activities.

VI_i6

2. Federal Agencies

DIRECT FEDERAL ACTIVITIES AND DEVELOPMENT PROJECTS

DEPARTMENT OF COMMERCE

National Marine Fisheries Services

1.00 Fisheries Management Plans

DEPARTMENT OF DEFENSE

Army Corps of Engineers

1.00 Proposed authorizations for dredging, channel improvements, break-
waters, other navigational works, or erosion control structures,
beach replenishment, dams or flood control works, ice management
practices and activities, and other projects with potential to impact
coastal lands and waters.

2.00 Land acquisition for spoil disposal or other purposes.

3.00 Selection of open water disposal sites.

Army, Navy and Air Force

4.00 Location, design, and acquisition of new or expanded defense
installations (active or reserve status, including associated
housing, transportation or other facilities).

5.00 Plans, procedures and facilities for landing or storage use zones.

6.00 Establishment of impact, compatibility or restricted use zones.

DEPARTMENT OF ENERGY

1.00 Prohibition orders.

GENERAL SERVICES ADMINISTRATION

1.00 Acquisition, location and design of proposed Federal Government
property or buildings, whether leased or owned by the Federal
Government.

2.00 Disposition of Federal surplus lands and structures.

DEPARTMENT OF INTERIOR

Fish and Wildlife Service

1.00 Management of National WIldlife refuges and proposed acquisitions.

VI-17

Mineral Management Service

2.00 OCS lease sale activities including tract selection, lease sale
stipulations, etc.

National Park Service

3.00 National Park and Seashore management and proposed acquisitions.

DEPARTWM OF TRANSPORTATION

Amtrak, Conrail

1.00 Expansions, curtailments, new construction, upgrading or abandonments
or railroad facilities or services, in or affecting the State's
coastal area.

Coast Guard

2.00 Location and design, construction or enlargement of Coast Guard
stations, bases, and lighthouses.

3.00 Location, placement or removal of navigation devices which are not
part of the routine operations under the Aids to Navigation Program
(ATON).

4.00 Expansion, abandonment, designation or anchorages, lightening areas
or shipping lanes and ice management practices and activities.

Federal Aviation Administration

5.00 Location and design, construction, maintenance, and demolition of
Federal aids to air navigation.

Federal Highway Administration

6.00 Highway construction..

St. Lawrence Seaway Development Corporation

7.00 Acquisition, location, design, improvement and construction of new
and existing facilities for the operation of the Seaway, including
traffic safety, traffic control and length of navigation season.

vi-18

FEDERAL LICENSES AND PERMITS

DEPARTMENT OF DEFENSE

Army Corps of Engineers

1.00 Construction of dams, dikes or ditches across navigable waters, or
obstruction or alteration of navigable waters required under Sections
9 and 10 of the Rivers and Harbors Act of 1899 (33 U.S. C. 401, 403).

2.00 Establishment of harbor lines pursuant to Section 11 of the Rivers
and Harbors Act of 1899 (33 U.S.C. 404, 405).

3.00 Occupation of seawall, bulkhead, jetty, dike, levee, wharf, pier,
or other work built by the U.S. pursuant to Section 14 of the Rivers
and Harbors Act of 1899 (33 U.S.C. 408).

4.00 Approval of plans for improvements made at private expense under
USACE supervision pursuant to the Rivers and Harbors Act of 1902 (33
u.s.c. 565).

5.00 Disposal of dredged spoils into the waters of the U.S., pursuant to
the Clean Water Act, Section 404, (33 U.S.C. 1344).

6.00 All actions for which permits are required pursuant to Section 103
of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413).

7.00 Construction of artificial islands and fixed structures in Long
Island Sound pursuant to Section 4(f) of the River and Harbors Act
of 1912 (33 U.S.C.).

DEPARTMENT OF ENERGY

Economic Regulatory Commission
I
1.00 Regulation of gas pipelines, and licensing of import or export of
natural gas pursuant to the Natural Gas Act (15 U.S.C. 717) and the
Energy Reorganization Act of 1974.

2.00 Exemptions from prohibition orders.

Federal Energy Re@MlatorX Commission

3.00 Licenses for non-Federal hydroelectric projects and primary
transmission lines under Sections 3(11), 4(e) and 15 of the Federal
Power Act (16 U.S.C. 796(11), 797(11) and 808).

4.00 Orders for interconnection of electric transmission facilities under
Section 202(b) of the Federal Power Act (15 U.S.C. 824a(b)).

v1_19

5.00 Certificates for the construction and operation of interstate natural
gas pipeline facilities, including both pipelines and terminal
facilities under Section 7(c) of the Natural Gas Act (15 U.S.C.
717f (c)).

6.00 Permission and approval for the abandonment of natural gas pipeline
facilities under Section 7(b) of the Natural Gas Act (15 U.S.C.
717f (b)).

ENVIRONN ENT AL PROTECTION AGENCY

1.00 NPDES permits and other permits for Federal installations, discharges
in contiguous zones and ocean waters, sludge runoff and aquaculture
permits pursuant to Section 401, 402, 403, 405, and 318 of the
Federal Water Pollution Control Act of 1972 (33 U.S.C. 1341, 1342,
1343, and 1328).

2.00 Permits pursuant to the Resources Recovery and Conservation Act of
1976.

3.00 Permits pursuant to the underground injection control program under
Section 1424 of the Safe Water Drinking Water Act (42 U.S.C. 300h-
c).

4.00 Permits pursuant to the Clean Air Act of 1976 (42 U.S.C. 1857).

DEPARTMENT OF INTERIOR

Fish and Wildlife Services

1.00 Endangered species permits pursuant to the Endangered Species Act
(16 U.S.C. 153(a)).

Mineral Management Service

2.00 Permits to drill, rights of use and easements for construction and
maintenance of pipelines, gathering and f low lines and associated
structures pursuant to 43 U.S.C. 1334, exploration and development
plans, and any other permits or authorizations granted for activities
described in detail in OCS exploration, development, and production
plans.

3.00 Permits required for pipelines crossing federal lands, including OCS
lands, and associated activities pursuant to the OCS Lands Act (43
U.S.C. 1334) and 43 U.S.C. 931 (c) and 20 U.S.C. 185.

VI-20

INTERSTATE COMMERCE COMMISSION

1.00 Authority to abandon railway lines (to the extent that the
abandonment involves removal of trackage and disposition of right-
of-way); authority to construct railroads; authority to construct
coal slurry pipelines.

NUCLEAR REGULATORY COMMISSION

1. 00 Licensing and certif ication of the siting, construction and operation
of nuclear power plans pursuant to Atomic Energy Act of 1954, Title
II of the Energy Reorganization Act of 1974 and the National
Environmental Policy Act of 1969.

DEPARTMENT OF TRANSPORTATION

Coast Guard

1.00 Construction or modification of bridges, causeways or pipelines over
navigable waters pursuant to 49 U.S.C. 1455.

2.00 Permits for Deepwater Ports pursuant to the Deepwater Ports Act of
1974 (33 U.S.C. 1501).

Federal Aviation Administration

3.00 Permits and licenses for construction, operation or alteration of
airports.

FEDERAL ASSISTANCE*

DEPART14ENT OF AGRICULTURE

10.068 Rural Clean Water Program
10.409 Irrigation, Drainage, and Other Soil and Water Conservation Loans
10.410 Low to Moderate Income Housing Loans
10.411 Rural Housing Site Loans
10.413 Recreation Facility Loans
10.414 Resource Conservation and Development Loans
10.415 Rural Renting Housing Loans
10.416 Soil and Water Loans
10.418 Water and Waste Disposal Systems for Rural Communities
10.422 Business and Industrial Loans
10.424 Industrial Development Grants
10.426 Area Development Assistance Planning Grants
10.429 Above Moderate Income Housing Loans
10.430 Energy Impacted Area Development Assistance Program
10.901 Resource Conservation and Development
10.902 Soil and Water Conservation
10.904 Watershed Protection and Flood Prevention
10.906 River Basin Surveys and Investigations

VI-21

DEPARTMENT OF COMMERCE

11.300 Economic Development - Grants and Loans for Public Works and
Development Facilities
11.301 Economic Development - Business Development Assistance
11.302 Economic Development - Support for Planning organizations
11.304 Economic Development - State and Local Economic Development
Planning
11.305 Economic Development - State and Local Economic Development
Planning
11.307 Special Economic Development and Adjustment Assistance Program
Long Term Economic Deterioration
11.308 Grants to States for Supplemental and Basic Funding of Titles I,
II, III, IV, and V Activities
11.405 Anadromous and Great Lakes Fisheries Conservation
11.407 Commercial Fisheries Research and Development
11.417 Sea Grant Support
11.427 Fisheries Development and Utilization - Research and Demonstra-
tion Grants and Cooperative Agreements Program
11.501 Development and Promotion of Ports and Intermodel Transportation
11.509 Development and Promotion of Domestic Waterborne Transport Systems

DEPARTMENT OF HOUSING AND URBAN DEVEI#OPMENT

14.112 Mortgage Insurance - Construction or Substantial Rehabilitation
of Condominium Projects
14.115 Mortgage Insurance - Development of Sales Type Cooperative Projects
14.117 Mortgage Insurance - Homes
14.124 Mortgage Insurance - Investor Sponsored Cooperative Housing
14.125 Mortgage Insurance - Land Development and New Communities
14.126 Mortgage Insurance - Management Type Cooperative Projects
14.127 Mortgage Insurance - Mobile Home Parks
14.213 Community Development Block Grants/Entitlement Grants
14.219 Community Development Block Grants/Small Cities Program
14.221 Urban Development Action Grants
14.223 Indian Community Development Block Grant Program

DEPARTMENT OF INTERIOR

15.400 Outdoor Recreation - Acquisition, Development and Planning
15.402 Outdoor Recreation - Technical Assistance
15.403 Disposal of Federal Surplus Real Property for Parks, Recreation,
and Historic Monuments
15.411 Historic Preservation Grants-in-Aid
15.417 Urban Park and Recreation Recovery Program
15.600 Anadromous Fish Conservation
15.605 Fish Restoration
15.611 Wildlife Restoration
15.613 Marine Mammal Grant Program
15.802 Minerals Discovery Loan Program
15.950 National Water Research and Development Program

VI-22

15.951 Water Resources Research and Technology - Assistance to State
Institutes
15.952 Water Research and Technology - Matching Funds to State Institutes

DEPARTMENT OF TRANSPORTATION

20.102 Airport Development Aid Program
20.103 Airport Planning Grant Program
20.205 Highway Research, Planning, and Construction
20.309 Railroad Rehabilitation and Improvement - Guarantee of Obligations
20.310 Railroad Rehabilitation and Improvement - Redeemable Preference
Shares
20.506 Urban Mass Transportation Demonstration Grants
20.509 Public Transportation for Rural and Small Urban Areas

GENERAL SERVICES ADMINISTRATION

39.002 Disposal of Federal Surplus Real Property

COMMUNITY SERVICES ADMINISTRATION

49.002 Community Action
49.011 Community Economic Development
49.013 State Economic Opportunity offices
49.017 Rural Development Loan Fund
49.018 Housing and Community Development (Rural Housing)

SMALL BUSINESS-ADMINISTRATION

59.012 Small Business Loans
59.013 State and Local Development Company Loans
59.024 Water Pollution Control Loans
59.025 Air Pollution Control Loans
59.031 Small Business Pollution Control Financing Guarantee

ENVIRONMENTAL PROTECTION AGENCY

66.001 Air Pollution Control Program Grants
66.418 Construction Grants for Wastewater Treatment Works
66.426 Water Pollution Control - State and Areawide Water Quality
Management Planning Agency
66.451 Solid and Hazardous Waste Management Program Support Grants
66.452 Solid Waste Management Demonstration Grants
66.600 Environmental Protection Consolidated Grants Program Support
Comprehensive Environmental Response, Compensation and Liability
(Super Fund)
* Numbers refer to the Catalog of Federal Domestic Assistance
Programs, 1980 and its two subsequent updates.

VI-23

B. FEDERAL AND STATE ACTIONS AND PROGRAMS NECESSARY TO FURTHER THE LWRP.

Redevelopment activities within the Lackawanna waterfront area will largely
be dependent upon private initiatives. Where. appropriate, private ventures
may be assisted throughout a variety of federal and state programs which
provide financial incentives and technical support for economic develop-
ment. Since specific needs cannot be identified at this time, the
following list represents a sample of the types of programs which would
assist redevelopment efforts.

1. Federal Actions or Programs

a) Department of Commerce

Economic Development Administration

(1) Grants for public works and development facilities
(2) Business development assistance
(3) Technical assistance
(4) Public works impact projects
(5) Special Economic Development and Adjustment Assistance
Program -- Sudden and severe or long-term economic
deterioration.

b) Department of Housing and Urban Development

(1) Community Development Block Grant Program
(2) Urban Developemnt Action Grants

C) Department of Transportation

Maritime Administration

(1) Development and promotion of domestic waterborne transport
systems.

d) Small Business Administration

(1) Small Business Loans
(2) Small Business Investment Companies
(3) State and Local Development Company Loans
(4) Small Business Energy Loans
(5) Small Business Pollution Control Financing Guarantee

The Federal programs listed above could provide important assistance
for the following types of actions within the City's waterfront area:

(1) Construction of streets and utilities to facilitate
industrial park development;

VI-24

(2) Provision of low-interest loans and grants to corporations,
including the Lackawanna Community Development Corporation,
in order to promote re-occupancy of the area;

(3) Promotion of Gateway Metroport as a vital component of the
Great Lakes navigation system.

2. State Actions and Programs

a) Job Development Authority:

(1) Provision of low-interest mortgage loans to local non-
prof it development corporations to f inance commercial
and industrial facilities.

b) Job Incentive Board:

(1) Provision of tax abatements or credits to business firms.

C) N.Y.S. Urban Development Corporation and its Subsidiaries and
Affiliates:

(1) Tax-Exempt Financing Program
(2) Lease Collateral Program
(3) Targeted Investment Program
(4) Industrial Building Recycling Program

The State programs listed above could provide assistance to
undertake the following types of actions within the City's
waterfront area:

(1) Construction of streets and utilities to facilitate
industrial park development;

(2) Financial assistance for rehabilitation of the former
Bethlehem Employment Of f ice Building and other buildings
suitable for renovation in the area;

(3) Financial incentives to firms in order to promote re-
occupancy of the area.

d) office of Parks, Recreation, and Historic Preservation.

(1) Provision of funding for State and local activities from
the Land and Water Conservation Fund to acquire and
develop a passive recreation corridor along the shoreline
from Smokes Creek south to the Town of Hamburg and to
provide public vehicular access to the corridor f rom
Route 5.

VI-25

(2) Technical assistance and possible funding through the
Environmental Quality Bond Act of 1986 for designation
of the former Bethlehem Steel employment office building
as a structure of national or State significance. This
would also include funding assistance for renovation.

e) Department of Transportation

(1) Design and construction programs should reflect the
City's policies concerning the reconstruction of the
Father Baker Bridge and the Route 5 - Ridge Road
intersection, (Policy 25B: "Enhance the MYS Route 5 -
Ridge Road intersection as an attractive gateway to he
City of Lackawanna.") and the explanations of those
policies.

f) Department of Environmental Conservation

(1) Permits will be required for any activity within the
state-maintained federal flood-control project along
Smoke's Creek.

g) office of General Services

(1) Prior to any development occurring in the water or on
the immediate waterfront, OGS should be consulted for
a determination of the State's interest in underwater
or formerly underwater lands and for authorization to
use and occupy these lands.

VI-26

SECTION VII
0 CONSULTATION WITH OTHER AFFECTED
FEDERAL, STATE, REGIONAL AND LOCAL AGENCIES

A. DESCRIPTION OF CONSULTATION ACTIVITIES

1. Method

The City of Lackawanna has established and carried out several
approaches for consulting with federal, State, regional and other
local agencies that are affected. by the development of a City of
Lackawanna Local Waterfront Revitalization Program (LWRP). These
approaches have been selected to facilitate understanding of the
City's LWRP, promote information sharing, coordinate related City
and agency activities, and resolve conflicts between the City's LWRP
and the policies and/or programs of these governmental agencies.

The approaches used include: (1) establishment of the Erie County
Waterfront Task Force; (2) technical assistance consultations; and
(3) supportive written communications.

2. Erie County Waterfront Task Force Meetings

Description: Activities of the Task Force are detailed in Section
VIII, Local Commitment. The Task Force was formed to assist in
coordinating LWRP efforts among all waterfront municipalities in Erie
County (including the Towns of Brant, Evans, Hamburg, Tonawanda,
Grand Island and the Cities of Lackawanna, Tonnawanda and Buffalo).
Representatives from these municipalities serve on the Task Force,
as well as representatives from all related agencies carrying out
waterfront programs policies or projects in Erie County. Another
major function of the Task Force is to provide for an information
exchange among both agency and LWRP municipal officials regarding
their waterfront concerns and interests.

Meeting Schedule: The Erie County Waterfront Task Force has met
three times since the beginning of LWRP development in the waterfront
municipalities. The first meeting was held on August 1, 1983, the
second meeting on February 2, 1984, and a third meeting on September
26, 1984.

Accomplishments: The Erie County Task Force meetings provide a
needed mechanism for information exchange and coordination of
waterfront activities among agencies and governments. Just as
important, it serves as an alarm system by which potentially
controversial, inconsistent, or duplicating efforts can be
identified. Attendance at the meeting has been excellent. The
support demonstrated by Task Force participants has established the
Task Force as a viable effective entity for coordinating waterfront
planning on a county-wide basis. The media attention radio, TV,
and newspapers have given these meetings is indicative of the Task
Force's meaningful role in waterfront planning.

VII-3

3. Technical Consultations

New York State Department of Transportation: Close coordination has
continued throughout the development of the City's LWRP with NYSDOT
due to the interrelationship of the State Department of Transporta-
tion's development of a transportation access plan in the Lackawanna
area. The plan relates directly to determining the recreation
potential of the Union Ship Canal, on the disposition of the Father
Baker Bridge and the development of vehicular access routes f rom
Route 5 into the Bethlehem Industrial Park.

U.S. Army Corps of Engineers: Discussions have taken place with the
Corps of Engineers concerning diked disposal area #4 offshore of the
Bethlehem complex and the area's water quality. Also, issues have
concerned projected use changes along the waterfront and possible
effects of use changes on water quality in the diked disposal area.

New York State Department of Environmental Conservation: Discussions
have occurred concerning existing and projected air quality standards
and controls due to the partial shutdown of the Bethlehem Steel
complex.

Niagara Frontier Transportation Authority: As part of the City of
Buffalo-NFTA Waterfront Master Plan development, the City of
Lackawanna and Erie County are representatives on the City's
Waterfront Planning Board. This involvement provides continuous
review and coordination of such issues as the relocation of the Port
of Buffalo to the City of Lackawanna.

Coordination with LWRP I s in Adjacent Waterfront Municipalities - Town
of Hamburg, City of Buffalo; As part of the waterfront p rogram
development in these municipalities, there has been as special
emphasis placed on assessing impacts each program might have on the
other. This is particularly important due to the relocation of the
Port of Buffalo to the City of Lackawanna and the interest of
Lackawanna in the development of Woodlawn Beach in the Town of
Hamburg as a passive recreational park.

Elected Federal, State,_ Local Officials R22resenting City of
Lackawanna Waterfront: Not only do these officials participate in
Erie County Waterfront Task Force meetings, but they, and/or their
representatives, usually attend waterfront committee meetings. A
special briefing session on the LWRP was held for County Legislators
on April 16, 1984.

Accomplishments: Consultation on the technical aspects of
Lackawanna's program with all appropriate agencies and government
representatives has proven necessary since few really understand the
parameters of developing a LWRP. These conversations should help
provide the basis for consistency with agency programs and policies.

VII-4

4. Written Comminication

In order to assure that all relevant waterfront agencies were kept
informed of progress being made on the development of the Local
Waterfront Revitalization Program, two methods were used as follows:

0 A technical memo was sent to appropriate federal, State and
regional agencies on April 17, 1984, which reviewed all aspects
of the City's local waterfront revitalization program,
including an explanation of the City's waterfront policies and
coastal area projects and program implementation techniques.

0 A quarterly information sheet "Waterfront News," provides a
summary of ongoing activities concerning the development of
the LWRP. The mailing list of approximately 250 includes all
relevant waterfront agencies as well as elected representatives
from waterfront municipalities.

Both techniques appear to be an effective way to transmit
pertinent information on the development of the local
waterfront revitalization programs. Responses to review of
the technical memo have indicated understanding and acceptance
of elements thus far.

5. Review of Draft LWRP by State, Federal, and Local Agencies

The Draft LWRP (with Draft EIS) was reviewed and approved by the City
Council and forwarded to the NYS Department of State (DOS). The DOS
then initiated a 60-day review of the Draft LWRP/DEIS pursuant to
the Waterfront Revitalization and Coastal Resources Act and State
Environmental Quality Review Act. Copies of the Draft LWRP and DEIS
were distributed by DOS to all potentially affected State and Federal
agencies, Erie county, adjacent waterfront municipalities, and the
Erie and Niagara Counties Regional Planning Board. Comments received
on the Draft LWRP/DEIS were reviewed by DOS and the City and
resultant changes were made to the LWRP, which are detailed in the
Final Environmental Impact Statement.

VII-5

SECTION VIII

ACTIVITIES TO SECURE LOCAL COMMITMENT
0

ACTIVITIES TO SECURE LOCAL COMMITMENT

The City of Lackawanna has established and carried out in conjunction with Erie
County and the other waterfront LWRP municipalities in Erie County, the following
procedures for obtaining local commitment to its LWRP. A two-tier method has
been selected to facilitate understanding and commitment at the municipal level
and also promote information sharing and coordination of LWRPs among all
participating Erie County LWRP municipalities, as well as with related waterfront
agencies.

Two types of advisory committees comprise this two-tier approach in the City of
Lackawanna: (1) an intermunicipal Erie County Waterfront Task Force; and (2) the
City of Lackawanna Planning Board serving as the LWRP municipal advisory
committee.

These groups met throughout the LWRP preparation process and provided valuable
guidance to City and County officials. A series of public meetings were also
held to obtain citizen feedback.

VIII-3

APPENDIX A

STREAM CLASSIFICATION DESCRIPTIONS
0

In summary, stream classifications as prepared by the New York State Department
of Environmental Conservation in accordance with the provisions of ECL Article
17 and 6NYCRR Part 701,,reflect the following objectives for water use:

Class A - Source of water supply for drinking, culinary or food
processing purposes and any other usage.

Class B - Bathing and any other usage except as a source of water supply
for drinking, culinary, or food processing purposes.

Class C - Fishing and any other usage except for bathing or source of
water supply for drinking, culinary, or food processing
purposes.

Class D - Agricultural, or source of industrial cooling or process water
supply and any other use except for fishing, bathing, or as
a source of water supply for drinking, culinary or food
processing purposes.

APPENDIX B

LOCAL CONSISTENCY LAW
0

CITY OF LACIMWANNA
LOCAL LAW NO, 1989

A LOCAL LAW RELATING TO THE CITY OF LACKAWANNA, NEW YORKfS LOCAL
WATERFRONT REVITALIZATION PROGRAM.

BE IT ENACTED by the City council of the City of Lackawanna, New
York, as follows:

This Local Waterfront Revitalization Program (LWRP) Consistency
Law for the City of Lackawanna requires all Type I and Unlisted
actions (as defined by tne State Environmental Quality Review Act
(SEQRA) implementing regulations) that would be directly undertaken,
approved, or funded by the City to be reviewed by the City Council for
consistency with the City of Lackawanna LWRP.

ARTICLE I - GENERAL PROVISIONS.

Section 1.1 - TITLE.

This Local Law shall be known and may be cited as the City of
Lackawanna LWRP Consistency Law.

Section 1.2 - PURPOSE.

The purpose of this Local Law is to provide for the protection
and beneficial use of the natural and man-made resources within the
City of Lackawanna waterfront area by ensuring that certain actions to
be undertaken, approved, or funded by the City will b e done in a
manner consistent with the policies and purposes of the City of
Lackawanna LWRP. The consistency review, while triggered by SEORA, is
a free standing review conducted by the City Council.

Section 1.3 - AUTHORITY.

This Local Law is adopted under the authority of the Municipal
Home Rule Law and Article 42 of the Executive Law.

Section 1.4 - APPLICABILITY.

All agencies of the city of Lackawanna shall comply with this
Local Law, prior to airectiy undertaking, approving, or funding any
action within the waterfront area when such action is classified as
Type I or Unlisted under Part 617 of Title 6 of the official
compilation of codes, rules and regulations of the State of New York
(NYCRR).

Section 1.5 - SEVERABILITY.
The provisions of this Local Law are severable. If any part 00
this Local Law is found invalid, Such findings will apply only to the
particular provision and circumstances in question. The remainder of
this Local Law, and the application of the disputed provision to other
circumstance, will remain valid.

Section.1.6 - DEFINITIONS.

a) "Action" means either a "Type I" or "Unlisted" action as
defined in SEOR regulations at 6 NYCRR 617.2.

b) "Consistent" means the action will be fully in compliance with
and will not hinder any of the City of Lackawanna LWRP policy
standards and conditions.

c) "Els" means Environmental impact Statement as defined at 6
NYCRR 617.2(m).

d) "Local Waterfront Revitalization Program (LWRP)II means the
local program to implement tDe N.Y.S. Coastal Management
Program within the City of Lackawanna approved by the
Secretary , of State pursuant to. the Waterfront Revitalization
of Coastal Areas and Inland Waterways Act (Article 42 of the
Executive Law of New York State), a copy of which is on file
in the office of the clerk of the city of Lackawanna.

e) "Part 61711 means the State Environmental Quality Review
Regulations. (Part 617 of Title 6 of the Official
Compilation of codes, Rules and Regulations of the State of
New York.)

f) "SEOR11 means the State Environmental Quality Review Act
(Article 8 of the Environmental Conservation Law, which is
Chapter 43-b of the Consolidated Laws of the State of New
York.)

g) "City" means the City of Lackawanna.

h) "City Agency" means any board, department, office, other
bodies or officers of the City of Lackawanna.

i) "City Council" means the City Council of the City of
Lackawanna.

J) "CAF11 means Coastal Assessment Form ae,, appended to this Local
Law.

k) "Waterfront Area" means that portion of the New York State
Coastal Area within the City of Lackawanna as delineated in
the City of Lackawanna Local Waterfront Revitalization
Program. 0

1) All otllier terms for whicr: def inition-,3 are given in SEQR and/or
Part 617 shall have the s(Ulle meanings in this Local Law.

m) "Planning Board" means the C-Alty of Lackawaruia Planning Board.

ARTICLE II CONSISTENCY P"IEW PROCEDURES.

Section 2.1 INITIAL REVIEW.

2.1.1. As early as possible in the formulation of Type I or an
Unlisted action, the agency shall prepare a Coastal Assessment Form
(CAF) to assist with the consistency review. However, when an
applicant submits an application to a City agency for an approval of
an action, the applicant shall prepare a cAr.

The city council or a city agency when proposing to undertake,
approve, or fund a Type I or Unlisted action in the waterfront area,
shall prepare or cause to be prepared a Coastal Assessement Form (CAF)
for the proposed action. Following preparation, the City Agency shall
refer the CAF, and any other pertinent information for that action to
the City Council for review and determination regarding the action's
consistency with the policies and purposes of the LWP-P.

Section 2.2 - CONSISTENCY DETERMINATIO14.

2.2.1. Prior to its undertaking, approving, or funding of a
proposed Type I or Unlisted action in the waterfront area, and for
each action referred by a City agency pursuant to Section 2-.1, the
City Council shall either:

a) Determine that the action is consisIttent with the policies and
purposes of the LWRP and will not substantially hinder
achieving the policies and purposes of the LWRP; or

b) Determine that the action will substantially hinder achieving
the LWRP standards and conditions.

If the City Council determines that the action will cause a
substantial hindrance to the achievement of the LWRP policy standards
and conditions, such action will not be undertaken unless the City
Council determines with respect to the proposed project that:

i) No reasonable alternatives exist which would permit the
action to be undertaken in a manner which will not
substantially hinder tne achievement of such LWRP policy
standards and conditions;

ii) The action would be undertaken in a manner which will
minimize all adverse effects on such LWRP polic-, standaids
and conditions to the maximum extent practicable; ;i-nd

iii) The action will advance one or more of the other coastal
policies; and

iv) The action will resuit in an overriding City, regional or
statewide public benefit. 0
Such a finding shall constitute a determination that the a,-tion
is consistent.

2.2.2. The City Council shall complete its review of the
proposed action's consis- ency and prepare a written finding to the
referring City agency within thirty (30) days of the referral date.
This time may be extended by agreement of the City Council and the
Agency or as may be necessary to coordinate with SEQR review. The City
Council may refer such actions for review to any municipal agency.
Such agencies include but are not limited to the City Attorney,
Department of Public Works, Planning Board and Department of
Development.

2.2-3. The written findings of the City Council shall be filed
with the City Clerk before the action is undertaken, approved or
funded.

2.2.4. No action shaii be undertaken,, approved or funded unless
the City Council determines its consistency with the policies and
purposes of the LWIRP by a finding pursuant to either 2.2.1(a) or
2.2.1(b), above.

Section 3.1 - EFFECTIVE DATE.
This Local Law snail take effect immediately upon filing with th 0
New York State Secretary of State.

Dated : June 1989
Lackawanna, New York

APPROVED : June 1989

THOMAS E. RADICH, MAYOR

APPENDIX C -

M-D ZONING DISTRICT
0

f
0

Section 20-30 Mixed Development District (M-0)

30.1 Purpose

The purpose of the M-D District is to provide certain limited
areas within the City with flexible land use requirements to
encourage the best redevelopment of mixed uses in an integrated,
controlled environment. The district is designed as a planned
unit development (PUD) for a full range of residential, commercial
and industrial uses, to permit great flexibility in the use and
design of structures and land in situations where modification of
specific provisions of this Ordinance will. not be contrary to its
intent and purpose or significantly inconsistent with the planning
on which it is based and will not be harmful to the areas of the
City in which they occur. Each M-D District shall be organized
and located In such a manner that it:

A. Creates projects that contain both individual building sites
and common property and open space, all of which Is planned
and developed as a unit, with buildings related to common
areas.

B. Protects resident uses, inhabitants and adjacent properties
from the harmful effects of its own commercial and indus-
trial operations, and encourages the maintenance of high
environmental quality throughout the District.

C. Encourages a mix of residential uses including clustering,
in a manner that Is compatible with business and industrial
developments that are also located within the M-0 District.

D. Provides for inclusion of water-dependent and water-enhanced
uses along the City's Lake Erie shoreline, allowing for
public access and recreation in the coastal area.

E. Prevents encroachment on surrounding uses, and prevents
surrounding uses from interfering with It development and
operations.

To accomplish a successful mixed-development strategy, it is
necessary In some cases to expand the scope of land planning and
development beyond a concept of homogeneous use within formally
defined districts and beyond a concept of individual lots with
separate structures, to include the planning and development of
larger areas with groups of structures erected thereon to create a
diversified and coordinated entity. In this manner, topographys
existing infrastructure and other site features can be utilized to
best advantage to obtain creative and coordinated designs. The
district Is designed to generate a balanced mix of productive land
uses within each M-0 District, and thereby Improve the City's
employment and tax base and redevelopment potentials.

30.2 Permitted Principal Uses.

A. Any combination or mix of permitted uses in R-2, R-3, R-4,
B-2, B-3 and P-I is permitted within an M-D District,
provided that each use, and a] I uses, meet the following
requirements:

1. Such use must comply fully with the requirements of an
approved, consolidated development plan for that
specific district, in accordance with,the provisions of
Article X11 of this Ordinance, and with all requirements
and convenants pertaining to M-D provisions In this
Ordinance, including requirements for site plan review
and approval in Article XL

2. Such use must be conducted entirely within completely
enclosed buildings, except as is permitted herein.

3. Such use shall not violate the limitations on permitted
M-D uses that are presented in this Ordinance in Section
20.30.6 of this part.

B. Uses which depend on proximity, access and/or utilization of
the water, or which are enhanced by a waterfront location
and proximity to water-dependent uses, are permitted within
an M-0 District, provided that such uses are subject to the
same requirements as all other M-D uses, with the exception
of being located within completely enclosed buildings. Such
uses include, but are not limited to, the following:

1. Marinas, boat launch and docks.

2. Marine service. repair, rental and accessories.

3. Fishing and tackle equipment.

4. Public recreation and swimming.

5. Cultural facilities.

6. Motels and hotels.

7. Tourist facilities.

8. Flood and erosion protection structures.

9. Any other use which in the opinion of the Planning Board
is similar in nature and effect to the water-dependent
and water-enhanced uses prescribed In this Section, and
which are consistent with the City's comprehensive plan.

30.3 Permitted Accessory Uses

A. Accessory uses and structures permitted and as regulated In
the R-2, R-3, R-4, B-2, B-3 and P-1 Districts.

B. Accessory uses and structures customarily incidental to
water-dependent and water-enhanced uses.

30.4 Conditional Uses Requiring I Special Permit Issued @y the
7
Planning Board Subject to Supplemental Regulations, Article V I.
and Special Permit Use'Tegulations, Article X

A. Cargo handling, freight transfer, port and rail terminal
operations.

B. Any additional use as may be adopted in an approved develop-
ment plan, in accordance with the provisions of Article X11
of this Ordinance.

30.5 Area and Bulk Requirements

The area and bulk requirements of each specific district shall
apply whenever such district is part of an approved development
plan for an M-D District. See A 'rticle V, "Schedule of Regula-
tions," limiting the height and bulk of buildings, and presenting
the minimum size and frontage of lot permitted by land use, the
maximum density permitted and providing minimum yard setback
requirements. Alternative requirements may be adopted for an M-0
District as part of an approved development plan, in accordance
with the provisions of Article XII of this Ordinance.

30.6 Limitations on Uses in the M-D District

A. All uses in an M-0 District shall be subject to the same
limitations as are provided for L-1 District, in Section 20-
28.6 of this part.

B. All uses in an M-D District shall comply fully with all
additional limitations as may be adopted in an approved
development plan, in accordance with the provisions of
Article XII of this Ordinance.

APPENDIX D

GUIDELINES FOR LOCAL REVIEW OF
STATE AND FEDERAL ACTIONS

NEW YORK STATE DEPARTMENT OF STATE
COASTAL MANAGEMENT PROGRAM

Guidelines for Notification and Review of State Agency Actions
Where Local Waterfront Revitalization Programs Are in Effect

1. PURPOSES OF GUIDELINES

A. The Waterfront Revitalization and Coastal Resources Act (Article 42 of
the Executive Law) and the Department of State's regulations (19 NYCRR
Part 600) require certain state agency actions identified by the
Secretary of State to be consistent to the maximum extent practicable
with the policies and purposes of approved Local Waterfront
Revitalization Programs (LWRPs). These guidelines are intended to
assist state agencies in meeting that statutory consistency
obligation.

B. The Act also requires that state agencies provide timely notice to the
situs local government whenever an identified action will occur within
an area covered by an approved LWRP. These guidelines describe a
process for complying with this notification requirement. They also
provide procedures to assist local governments in carrying out their
review responsibilities in a timely manner.

C. The Secretary of State is required by the Act to confer with state
agencies and local governments when notified by a local government
that a proposed state agency action may conflict with the policies and
purposes of its approved LWRP. These guidelines establish a
procedure for resolving such conflicts.

11. DEFINITIONS

A. Action means:

1. A "Type 1" or "Unlisted" action as defined by the State
Environmental Quality Review Act (SEQR);

2. Occurring within the boundaries of an approved LWRP; and

3. Being taken pursuant to a state agency program or activity which
has been identified by the Secretary of State as likely to affect
the policies and purposes of the LWRP.

B. Consistent to the maximam extent practicable means that an action will
not substantially hinder the achievement of any of the policies and
purposes of an approved LWRP and, whenever practicable, will advance
one or more of such policies. If an action will substantially hinder
any of the policies or purposes of an approved LWRP, then the action
must be one:

1. For which no reasonable alternatives exist that would avoid or
overcome any substantial hindrance;

2. That will minimize all adverse effects on the policies or purposes
of the LWRP to the maximum extent practicable; and

3. That will result in an overriding regional or statewide public
benefit.

C. Local Waterfront Revitalization Program or LWRP means a progran.
prepared and adopted by a local government and approved by the
Secretary of State pursuant to Executive Law, Article 42; which
program contains policies on the management of land, water and
man-made resources, proposed land uses and specific projects that are
essential to program implementation.

III. NOTIFICATION PROCEDURE

A. When a state agency is considering an action as described in II above,
the state agency shall notify the affected local government.

B. Notification of a proposed action by a state agency:

1. Shall fully describe the nature and location of the action;

2. Shall be accomplished by use of either the State Clearinghouse,
other existing state agency notification procedures, or through
any alternative procedure agreed upon by the state agency and
local goverment;

3. Should be provided to the local official identified in the LWRP of
the situs local government as early in the planning stages of the
action as possible, but in any event at least 30 days prior to the
agency's decision on the action.(The timely filing of a copy of a
completed Coastal Assessment Form with the local LWRP official
should be considered adequate notification of a proposed action.)

C. If the proposed action will require the preparation of a draft
environmental impact statement, the filing of this draft document with
the chief executive officer can serve as the state agency's
notification to the situs local government.

IV. 14X= GOVERNMENT REVIEW PROCEDURE

A. Upon receipt of notification from a state agency, the situs local
government will be responsible for evaluating a proposed action
against the policies and purposes of its approved LWRP. Upon request
of the local official identified in the LWRP, the state agency should

promptly provide the situs local government with whatever additional
information is available which will 'assist the situs local government
to evaluate the proposed action.

B. If the situs local government cannot identify any conflicts between
the proposed action and the applicable policies and purposes of its
approved LWRP, it should inform the state agency in writing of its
finding. Upon receipt of the local government's finding, the state
agency may proceed with its consideration of the proposed action in
accordance with 19 ITYCRR Part 600.

C. If the situs local government does not notify the state agency in
writing of its finding within the established review period, the state
agency may then presume that the proposed action does not conflict
with the policies and purposes of the municipality's approved LWRP.

D. If -the situs local government notifies the state agency in writing
that the proposed action does conflict with the policies and/or
purposes of its approved LWRP, the state agency shall not proceed with
its consideration of, or decision.on, the proposed action as long as
the Resolution of Conflicts procedure established in V below shall
apply. The local government shall forward a copy of the identified
conflicts to the Secretary of State at the time when the state agency
is notified. In notifying the state agency, the local government shall
identify the specific policies and purposes of the LWRP with which the
proposed action conflicts.

V. RESOLUTION OF CONFLICTS

A. The following procedure applies whenever a local government has
notified the Secretary of -State and state agency that a proposed
action conflicts with the policies and purposes of its approved LWRP.

1. Upon receipt of notification from a local government that a
proposed action conflicts with its approved LWRP, the state agency
should contact the local LWRP official to discuss the content of
the identified conflicts and the means for resolving them. A
meeting of state agency and local government representatives may
be necessary to discuss and resolve the identified conflicts.
This discussion should take place within 30 days of the receipt of
a conflict notification from the local government.

2. If the discussion between the situs local government and the state
agency results in the resolution of the identified conflicts,
then, within seven days of the discussion, the situs local
government shall notify the state agency in writing, with a copy
forwarded to the Secretary of State, that all of the identified
conflicts have been resolved. The state agency can then proceed
with its consideration of the proposed action in accordance with
19 WYCRR Part 600.

3. If the consultation between the situs local government and the
state agency does not lead to the resolution of the identified
conflicts, either party may request, in writing, the assistance of
the Secretary of State to resolve any or all of the identified
conflicts. This request must be received by the Secretary within
15 days following the discussion between the situs local
government and the state agency. The party requesting the
assistance of the Secretary of State shall forward a copy of their
request to the other party.

4. within 30 days following the receipt of a request for assistance,
the Secretary or a Department of State official or employee
designated by the Secretary, will discuss the identified conflicts
and circumstances preventing their resolution with appropriate
representatives from the state agency and situs local government.

5. If agreement among all parties cannot be reached during this
discussion, the Secretary shall, within 15 days, notify both
parties of his/her findings and recommendations.

6. The state agency shall not proceed with its consideration of, or
decision on, the proposed action as long as the foregoing
Resolution of Conflicts procedures shall apply.

2/l/85

Procedural Guidelines for Coordinating NYS DOS & LWRP
Consistency Review of Federal Agency Actions

DIRECT ACTIONS

i.. After acknowledging the receipt of a consistency determination and
supporting documentation from a federal agency. DOS will forward copies
of the determination and other descriptive Information on the proposed
direct action to the program coordinator (of an approved LWRP) and other
interested parties.

2. This notification will indicate the date by which all comments and
recommendations must be submitted to DOS and will identify the
Department's principal reviewer for the proposed action.

3. The review period will be about twenty-five (25) days. If cr -ents and
recommendations are not received by the date indicated in the
notification, DOS will presume that the municipality has "no opinion" on
the consistency of the proposed direct federal agency action with local
coastal policies.

4. If DOS does not fully concur with and/or has any questions on the
comments and recommendations submitted by the municipality, DOS will
contact the municipality to discuss any differences of opinion or
questions prior to agreeing or disagreeing with the federal agency's
consistency determination on the proposed direct action.

5. A copy of DOS' "agreement" or "disagreement" letter to the federal agency
will be forwarded to the local program coordinator.

PEK'NnT AND LICENSE ACTIONS

1. DOS will acknowledge the receipt of an applicants consistency
certification and application materials. At that time, DOS will forward
a copy of the submitted documentation to,tba-progran coordinator and will
identify the Department's principal reviewer for the proposed action.

2. Within thirty (30) days of receiving such Information, the program
coordinator will contact the principal reviewer for DOS to discuss: (a)
the need to request additional Information for review purposes; and (b)
any possible problems pertaining to the consistency of a proposed action
with local coastal policies.

3. When DOS and the program coordinator agree that additional Information is
necessarys DOS will request the applicant to provide the information. A
copy of this :information vill. be provided to the program coordinator upon
receipt.

4. Within thirty (30) days of receiving the requested additional information
or discussing possible problems of a proposed action with the principal
77r'wlever for DOS. whichever is later. the program coordinator will notify
DOS of the reasons why a proposed action may be Inconsistent or consistent
vith local coastal policies.

5. After that notification, the program coordinator will submit the
municipality's written coup?.nts and recommendations an a proposed permit
action to DOS before or at the conclusion of the official public comment
period. If s@ch-cons@-en-ti-ai'd-recommand&t ions ar* not forwarded to DOS by
the and of the public comment period, DOS will presume that the
uunicipality has "no opinion" on the consistency of the proposed action
with local coastal policies.

6. 'If DOS does not fully concur with and/or has any questions an the
comments and recommendations submitted by the municipality an a proposed
permit action. DOS will contact the program coordinator to discuss any
differences of opinion prior to Issuing a letter of "concurrence". or
"objection" letter to the applicant will be forwarded to the program
coordinator.

7. A copy of DOS' "concurrence" or "objectiva" letter to the applicant will
be forwarded to the program coordinator.

FINANCIAL ASSISTANCE ACTIONS

1. Upon receiving notification of a proposed federal financial assistance
action, DOS will request Information on the action from the applicant for
consistency review purposes. As appropriate. DOS will also request the
applicant to provide a copy of the application documentation to the
program coordinator. A copy of this letter will be forwarded to the
coordinator and will serve as notification that the proposed action may
be subject to review.

2. DOS will acknowledge the receipt of the requested Information and provide
a copy of this acknowledgement to the program coordinator. DOS way, at
this time, request the applicant to submit additional Information for
review purposes.

3. the review Period will conclude thirty (30) days after the date on DOS'
letter of acknowledgement or the receipt of requested additional
Information, whichever is later. The review period may be extended for
major financial assistance actions.

4. The program coordinator must submit the municipality's comments and
recommendations an the pioposed action to DOS within twenty days (or
other time agreed to by DOS and the program coordinator) form the start
of the review period received within this period, DOS will jEesume that
the municipality has "no opinion" on the consistency of the proposed
financial assistance action with local coastal policies.

5. If DOS does not fully concur with and/or has any questions on the
co=ments and recommendations submitted by the municipality, DOS will
contact the program coordinator to discuss any differences of opinion or
questions prior to notifying the applicant of DOS' consistency decision.

6. A ce" of DW9 cons1vtoncy -decision- letter- to the applicant will be
forwarded to the program coordinator.

DA7 E DUE

3 6668 14108 4220