[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
 








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                                                                            MAY 2 4 i990

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                                          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
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                                                                                    Cn

                                                                                          rn
                    EDWARD TOKARZ, COUNCIL PRES
                                           PR@ES


                                                                                     f




















                                           %'-'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











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                                            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.








































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

                                                                                          CITY OF LACKAWANNA
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                                                SECTION II


                                          INVENTORY AND ANALYSIS
   0











   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





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


                                                                                                                  CITY OF LACKAWANNA







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                                                                                                                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







                                                                      ........ ..



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


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


                                                                                                                                                                          CITY OF LACKAWANNA






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                                                                      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









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     ERIE














                               Smokes



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

                                                                              N




                                         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




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     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
                                                      @
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                                                       TH
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                           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










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                                                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






   0





























                                          INVENTORY AND ANALYSIS
                                                 APPENDIX
   0                                    SHORE CREEK SHOALS HABITAT











   0








                         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




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                                               SECTION III
   0                            WATERFRONT REVITALIZATION PROGRAM POLICIES









    0











             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






  0


























                                                  SECTION IV

                                        PROPOSED LAND AND WATER USES
 . is






                                                         z



    0












             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









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                                                                                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'-
                  ï¿½ACCESS e NORTH END TO RT-5                                                                                                                     PHASE I - 5 YEAR PUN
                  ï¿½MARINA DEVELOPMENT & CONCLUDE PORTION OF
                         SLAG OPERATION                                                                                                                           HARBORFRONT
                  ï¿½RT. 5 ACCESS
                  ï¿½PUBLIC ACCESS TO SMOKES CREEK MOUTH                                                                                                            THE SARATOGA ASSOCIATES
                  ï¿½ESTABLISH TRAN   .SPORTATION &UTILITY CORRIDORS                                                                                                LANDSCAPE ARCHITECTS ARCHITECTS PLANAIM
                  ï¿½RESPOND TO MARKET DEMAND                                                                                                                       NUSSBAUMER &CLARKEINC
                  ï¿½PORT DEVELOPMENT                                                               2000       3000                   80"                           CONSULTING ENGINEERS
                                                                            0 Sao     1000                                                                        ECONOMICS RESEARCH ASSOCIATES
                  ï¿½RAIL TRANSFER CONSOLIDATION /ACCESS                                                                                                            2CONOWC CONSI&TAMM
                  CLEAN-UP WASTE DISPOSAL SITES




                                                                                                   MAP V
                                                                                     ILLUSTRATIVE SITE PLAN






  0



























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










    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






   0































                                                SECTION VI


                                 STATE AND FEDERAL ACTIONS AND PROGRAMS
                                     LIKELY TO AFFECT IMPLEMENTATION


































   0








             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






   0




































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





























   0











             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






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                                               SECTION VIII

                                  ACTIVITIES TO SECURE LOCAL COMMITMENT
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                                   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






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                                               APPENDIX A


                                   STREAM CLASSIFICATION DESCRIPTIONS
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              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.






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                                               APPENDIX B


                                          LOCAL CONSISTENCY LAW
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                                    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






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                                              APPENDIX C -


                                          M-D ZONING DISTRICT
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                                                       I






















                                            f
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                    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.






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                                                APPENDIX D


                                     GUIDELINES FOR LOCAL REVIEW OF
                                        STATE AND FEDERAL ACTIONS





































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                                    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:











                                                   2





                    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













                                                     3




                     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.









                                                  4




                   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.
































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