Sec. 4050.6. Draft EIS procedure

(a) Should the issuer determine that the proposed action may have a significant effect on the environment, and should the issuer be the lead agency or the only agency involved, the issuer shall, as provided in section 4050.5 of this Part, request the applicant to prepare a draft EIS, or shall prepare a draft EIS, as the case may be. Such draft EIS shall conform to the requirements of 6 NYCRR 617.6.

(b) Upon the completion of a draft EIS, the issuer shall issue a notice of completion which shall contain the following:

(1) an action identifying number or name;

(2) a brief description of the action covered by the draft EIS and the location thereof and of its potential impacts and effects;

(3) a statement indicating where copies of the draft EIS are available for review and how copies of the draft EIS may be obtained from the issuer; and

(4) a statement that comments on the draft EIS are requested and will be received and considered by the issuer at its principal office for a period of not less than 30 calendar days from the first filing and circulation of said notice pursuant to subdivision (c) of this section or not less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered.

(c) The notice of completion shall be sent to all other agencies involved in the proposed action, all persons who have requested such notice, the editor of the State Bulletin, the State Clearinghouse and the relevant regional clearinghouse designated under Federal Office of Management and Budget circular A-95.

(d) Copies of all notices of completion and draft EIS's shall be available to the public and shall be filed as follows:

(1) one copy with the Commissioner of Environmental Conservation;

(2) one copy with the appropriate regional office of the Department of Environmental Conservation;

(3) one copy with the Genesee County clerk; and

(4) one copy at the principal office of the issuer.

(e) Upon the completion of a draft EIS, the issuer shall determine whether or not to conduct a public hearing thereon. Under no circumstances shall a public hearing be mandatory, but may be held at the sole discretion of the issuer. In making this determination, the issuer shall consider the requirements for hearings specified in other statutes or regulations, the degree of interest shown or anticipated on the part of the public or other agencies, the magnitude of the action and its effect, and the extent to which a public hearing can aid the issuer's decision-making by providing a forum for, or an efficient mechanism for the collection of, public comment. If it is determined to hold a public hearing, such hearing shall be conducted, to the degree practicable, in accordance with the provisions of 6 NYCRR 617.7(g), consistent with hearing requirements under other laws, rules, regulations or procedures.

(f) If, during the preparation of a draft EIS, after receipt of comments on the draft EIS or after any public hearing thereon, the issuer determines that the proposed action which is subject of said draft EIS will not have a significant effect on the environment, the issuer shall file and give notice of such determination in accordance with the provisions of subdivision (g) of section 4050.5 of this Part. Upon such filing and notice, the issuer shall have no further obligation with respect to this Part and may undertake such action.

(g) The issuer shall maintain files open to public inspection at its principal office of all notices of completion of draft EIS's, notices of public hearings thereon and draft EIS's prepared at its request by an applicant or which it has prepared or caused to be prepared pursuant to this section.