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T- City of Ogdensb g R.kevitalizatio-,ta Progn m L c X", 4 1rfrc Adopted.-, City of Of,,,,J'ensburg City Cou ncil, September 8, 1986, Approved. N Y",, Secrerw- v of State Gail S. Shaffer, March 27, 1987 Corwurred. Resource Man agement, June 25, 1987 City of Ogdensburg Local Waterfront Revitalization Program CP 0 0 @T_ Ajopted: City of 054en*I@rg City Coun@ cil, Septemt'@@o il',4986 Approved: NYS Secretary of State Gail S. Shaffer, March 27, 1987 Concurred., U.S. Of fice of Ocean and Coastal Resource Management, June 25, 1987 A, STATE Of,yj WYORK DEPARTMENT OF STATE ALBANX; N.Y. 12231 GAIL S. SHAFFER SECRETARY OF STATE March 27, 1987 Honorable Richard G. Lockwood Mayor City of Ogdensburg City Hall 330 Ford Street Ogdensburg, NY 13669-1695 Dear Mayor Lockwood: It is with great pleasure that 11inform you that, puriant to the Waterfront Revitalization and Coastal Resources 'Act I 'have approved the City of Ogdensburg' s Local Waterfront Revitalization Program (LWRP). The City is to be commended for its thoughtful and energetic response to opportunities presented along its waterfront and for being the second municipality along the"St. Lawrence River to have an approved LWRP. I will shortly notify State agencies that I have approved the City's LWRP and will provide them, with. -a- list of activities which must be undertaken in a manner co*:608 Ast62qht to the maximum extent practicable with the Ogdensburg L. Again, I would like to commend the City of Ogdensburg on its efforts to develop the LWRP and look forward to working with you in the years to come as you endeavor to redevelop and revitalize your waterfront. Sincerely, Gail S. Shaffer GSS:lc UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 4V NATIONAL OCEAN SERVICE \P4715 0q e' OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Washington, D.C. 20235 DZPARTPA.-t4f Og SirA?r JuN 2 5 1987 C C0,45T,AL PROGRAMS JUN 2 9 19P7 Mr. George Stafford RECEIVE:E) Director Division of Coastal Resources and Waterfront Revitalization Department of State 162 Washington Street Albany, New York 12231 Dear Mr. Stafford: The office of ocean and Coastal Resource Management has completed its review of your request to incorporate the City of Ogdensburg Local Waterfront Revitalization Program (LWRP) into the New York Coastal Management Program. We have received the program as adopted by the City and approved by the New York Secretary of State. We received comments from 5 agencies, none of whom objected to adopting the LWRP as a routine program implementation change. You and my staff have discussed the problem of clearly identifying in the LWRP which of the 44 coastal policies listed in the NYS CMP apply to the LWRP area. Because there is evidence in the documents that policies labeled "not included" do apply,' we concur with your request that the Odgensburg LWRP be considered as a routine program implemen- tation. We understand you have remedied the problem of clearly identifying which policies apply by eliminating the term "not included" from future LWRPs. In accordance with the Coastal Management Regulations, 15 CFR 923.84, Federal Consistency will apply to the City of Ogdensburg LWRP after you publish notice of our approval. Sincerely, Peter L. Tweedt or RESOLUTION OF THE CITY COUNCIL ADOPTING THE LOCAL WATERFRONT REVITALIZATION PROGRAM WHEREAS, the City of Ogdensburg entered into a contract with the New York State Department of State, dated April 1, 1983, for preparation of a Local Waterfront Revitalization Program; and WHEREAS, a Draft Local Waterfront Revitalization Program (DLWRP) was prepared under said contract with the guidance of the Waterfront Revitalization Program Advisory Committee and consulting assistance of the St. Lawrence-Eastern Ontario Commission; and WHEREAS, a Draft Environmental Impact Statement (DEIS) was prepared for the Local Waterfront Revitalization Program in accordance with the requirements of Part 617 of the implementing regulations of Article 8 of the Environmental Conservation Law; and WHEREAS, a DLWRP and the DEIS were referred to appropriate local, county, state and federal agencies in accordance with State and Federal requirements; and WHEREAS, a public hearing was advertised and held by the Mayor and City Council on April 14, 1986, to receive and consider comments on both the DLWRP and DEIS; and WHEREAS, a Final Environmental Impact Statement (FEIS) was prepared and accepted by the Mayor and City Council as complete on August 18, 1986, NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Ogdensburg, New York, that the Local Waterfront Revitalization Program for the City of Ogdensburg, dated August 1986, is hereby approved and adopted. CERTIFICATION OF RESOLUTION At a regular meeting of the City Council of the City of Ogdensburg, held on Monday, September 8, 1986, at 7:00 p.m. in the City Council Chambers, City Hall, Ogdensburg, New York, at which meeting the following were PRESENT: Councillors Baltradis, Dupont, Hollembaek, Russell, Rothenberg, and McKee ABSENT: Mayor Lockwood The attached resolution was introduced by Councillor Dupont, who moved its adoption, seconded by Councillor Russell, to-wit: RESOLUTION OF THE CITY COUNCIL ADOPTING THE LOCAL WATERFRONT REVITALIZATION PROGRAM The vote on the roll call resulted as follows: Councillor Dupont voting AYE Councillor Hollembaek voting AYE Councillor Russell voting AYE Councillor Rothenberg voting AYE Councillor McKee voting NAY Councillor Baltradis voting NAY Approved 4-2. State of New York County of St. Lawrence) I, Mary K. Fredericks, City Clerk of the City of Ogdensburg, New York, do hereby certify that the attached is a copy of a resolution passed by the City Council, of the City of Ogdensburg, meeting in regular session on September 8, 1986, and do further certify that it is a true and correct copy of and the whole of said original resolution is on file in the minutes of the Ogdensburg City Council meeting in my office. DATED: September 10, 1986 'Maky Freaef-Icks, City Clerk TABLE OF CONTENTS SECTION DESCRIPTION PAGE LIST OF PLATES LIST OF APPENDICES PREFACE ONE WATERFRONT REVITALIZATION AREA BOUNDARY 3 Landward Boundary 3 Waterside Boundary 4 TWO INVENTORY AND ANALYSIS 11 Preparation of a Local Waterfront Inventory 11 Natural Resources 11 Community/Cultural Resources 29 Current Land & Water Uses 56 Important Economic Activities 63 Significant Coastal Resources & Conditions 64 THREE WATERFRONT REVITALIZATION PROGRAM POLICIES 83 Index of Polices 83 FOUR PROPOSED LAND AND WATER USES, AND PROPOSED 125 PROJECTS Proposed Land and Water Uses 125 Proposed Projects 126 FIVE TECHNIQUES FOR LOCAL IMPLEMENTATION OF THE PROGRAM 141 Regulatory Measures 141 Local Laws and Regulations 141 Additional Local Laws and Regulations 143 Other Public and Private Actions 151 Local Government Actions 151 Private Actions 154 Management Structure 154 Compliance Procedures 156 Initial Review 156 Advice and Assistance 156 SEQRA and LWRP Compliance Review 157 Federal and State Consistency 157 'Initial Review 157 Consistency Review 158 Consistency Advisement 158 Financial Resources 158 Summary of Actions to Implement LWRP Palicies 160 TABLE OF CONTENTS (cont*d.) SECTION DESCRIPTION PAGE six FEDERAL AND STATE PROGRAMS L=Y TO AFFECT 165 WLEMENTATION State and Federal Actions or Programs vhich 166 Should Be Undertaken in a Manner Consistent with the LWRP State Actions and Programs 166 Federal Actions and Programs 181 State and Federal Actions and Programs Which 189 Are Necessary to Further the LWRP State Actions and Programs 189 Federal Actions and Programs 191 SEVEN CONSULTATION WITH OTHER AGENCIES 195 EIGHT LOCAL COMMITMENT 199 LIST OF PLATES PLATE DESCRIPTION PAGE la & b Boundary Map 5 2a & b Water Resources, Geology, Soils and Topography 21 3a & b Fish & Wildlife and Scenic Resources 25 4a & b Public & Semi-Public Facilities 37 5 Port of Ogdensburg. Existing Facilities 41 6 Port of Ogdensburg. Facilities Improvement Plan 43 7 Port of Ogdensburg, Marine Terminal Cargo Trends 45 8 Port of Ogdensburg. Phased Improvement Projects 47 Related to Forecasted Annual Tonnage 9a & b Existing Land & Water Uses 59 10 Analysis Summary: Deteriorated and Underutilized 69 Areas 11a & b Analysis Summary: Proposed Water Dependent and 71 Water Enhanced Uses/Activities 12a & b Analysis Summary: Other Development Constraints 75 13a & b Proposed Land & Water Uses 131 14 Randall Property 135 15 Oswegatchie Shoreline Trail (east bank) 137 16a & b Existing and Proposed Zoning Map 147 LIST OF APPENDICES APPENDIX DESCRIPTION PAGE A Fish and Wildlife Resources of the Ogdens- A-1 burg Coastal Area B Waterfront Program Consistency Assessment B-1 Form C Guidelines for Notification and Review of C-1 State Agency Actions where Local Waterfront Revitalization Programs Are in Effect D Procedural Guidelines for Coordinating NYS D-1 DOS & LWRP Consistency Review of Federal Agency Actions E Text of those Policies Identified as Not E-1 Included in the Local Program as Excracted from the New York State Coastal Management Program Document and Final Environmental Impact Statement. PREFACE BACKGROUND The City of Ogdensburg is located at the mouth of the Oswegatchie River on the south bank of the Thousand Islands- section of the St. Lawrence River, about 60 miles downstream from Lake Ontario. The city, rectangular in shape, covers approximately 5.4 square miles, with 1.8 square miles within the coastal area boundary. Chartered as a city on April 27, 1868, Ogdensburg remains one of St. Lawrence County's five urban centers and the county's only city. The city's 1980 population was 12,375, a drop of almost 15 percent from the 1970 population of 14,554. The history and development of the City of Ogdensburg have been shaped by the St. Lawrence River. The first settlers arrived by way of the river in 1748. Since Ogdensburg was the last port before the St. Lawrence River rapids, it became an important transshipment link in American and Canadian trade routes, and the city flourished as a river port throughout the nineteenth century. The opening of the St. Lawrence Seaway in 1959 placed Ogdensburg on an international transportation artery and provided the opportunity, as yet unfulfilled, of becoming a major American port. In an attempt to foster a strong private and public sector partnership that will achieve the advantageous use and protection of the community's waterfront area, the City of Ogdensburg, with consultant services provided by the St. Lawrence-Eastern Ontario Commission, has developed a Local Waterfront Revitalization Program. PROGRAM OVERVIEW With financial assistance from the NYS Department of State, the City of Ogdensburg has prepared its Waterfront Revitalization Program in accordance with guidelines and procedures supplemental to the Waterfront Revitalization and Coastal Resources Act of 1981. The body of this report replicates the planning process set forth by the NYS Department of State. General steps include: 1. BOUNDARY DETERMINATION in which the coastal area serving as the program basis for waterfront policies and activities is defined. 2. INVENTORY AND ANALYSIS in which opportunities and problems are identified and their interrelationships and complexities are studied. 3. POLICY DETERMINATION in which the municipality's governing body, upon recommendation from a local advisory committee, identifies those state policies applicable to its coastal area and develops a statement of local policies. 4. USES AND PROJECTS in, which specific proposals are presented as potential uses and projects which will advance the coastal policies. 5. IMPLEMENTATION TECHNIQUES in which specific management, funding, and program strategies are identified or developed including organizational structures, land use controls, laws, ordinances, regulations, local government capabilities and necessary and appropriate State actions. 6. CONSULTATION WITH FEDERAL, STATE, REGIONAL AND LOCAL AGENCIES in which these agencies comment on the proposed program. 7. IDENTIFICATION OF RELEVANT STATE AND FEDERAL PROGRAMS in which the impacts of non-local programs and actions are considered and both those programs and the waterfront program are modified for consistency. 8. LOCAL COMMITMENT in which the advisory committee formally presents the program to the City Council who approve the program and transmit this Local Waterfront Revitalization Program to the State of New York. 9. ENVIRONMENTAL CLEARANCE AND PRELIMINARY DRAFT SUBMISSION in which the waterfront program is examined for impacts on the environment and the program is presented to State, regional and local authorities for review and comment. 10. DRAFT SUBMISSION in which the revisions suggested in Step 9 above are incorporated and submitted to the NYS Department of State for approval. By following this planning process, with the involvement of the Ogdensburg Waterfront Revitalization Advis6ry Committee, the City Council, the NYS Department of State and other public and private organizations, Ogdensburg is assured an effective development effort and rapid implementation of the.approved final program. Two key benefits accrue to the city with its final program approved. Foremost, is the concept of "consistency". During the development of its.draft local program, the city is required to consult with State and federal agencies concerning aspects of mutual interest. Later, the NYS Department of State (DOS) will assist in resolving areas of conflicting interests as State and federal agencies review the completed draft program. Once a Local Waterfront Revitalization Program has received DOS approval, State and federal programs are required by law to be undertaken, to the maximum extent practicable, in 6 manner consistent with such local program. Secondly, an approved local program qualifies for implementation funding. Grants covering up to 10% of estimated project costs are available to the local government for preliminary design, engineering and feasibility studies which serve to implement projects identified in the local program. 0 SECTION ONE WATERFRONT REVITALIZATION AREA BOUNDARY .0 .0 SECTION ONE WATERFRONT REVITALIZATION AREA BOUNDARY New York State's Coastal Management Program established statewide coastal boundaries in accordance with the requirements of the Coastal Zone Management Act of 1972, as amended. The Ogdensburg coastal boundary generally follows the linear east-west geographic pattern of the city. The approved coastal boundary contains two revisions: (1) an extension southward along the Oswegatchie River to include the Ogdensburg dam to the Spring Street - Lafayette Street bridge. This section of the Oswe- gatchie River is largely undeveloped and holds potential for shoreline recreational and scenic access. Inclusion in Ogdensburg's coastal area will provide for improved continuity in waterfront planning efforts and revitalization programs and activities. (2) an extension southward along State and Caroline Streets to encompass the entire Library Park Historic District, including the addition of the parcels associated with the Remington Art Museum, the Dillingham House and the Newell residence. The approved landward boundary of the city's coastal area is shown on Plates la and b, and is described below. Continue easterly from the Ogdensburg City limits on Main Street to the center of town to Lake Street; thence south on Lake to Spring Street; thence east on Spring Street across the Oswegatchle River to Lafayette Street; thence east on Lafayette Street to Congress Street; thence north on Congress Street to Montgomery Street; thence east on Montgomery Street to State Street; north on State Street to the rear property line of the Remington Art Museum (at 303 Washington Street); thence easterly along the rear property lines of the Dillingham House (311 Washington Street) to Caroline Street; thence northerly on Caroline Street to Washington Street; thence east on Washington to Elizabeth Street; south on Elizabeth to Ford Street; thence easterly on Ford to Morris Street; thence north on Morris Street to Washington Street; thence east on Washington to Paterson Street; thence south on Paterson to Ford Street; thence easterly on Ford Street to N.Y. Route 37, and northeasterly on N.Y. 37 to OBPA Railroad and the Ogdensburg City Limits. 0 -3- WATERSIDE BOUNDARY Waterside (riverward) Boundary - beginning at the western intersection of the landward boundary at the Ogdensburg corporate limits extending northerly over the St. Lawrence River to the U.S. - Canadian boundary; thence northeasterly along said boundary to the easternmost point of the Ogdensburg corporate limits; thence southerly following the corporate line to the easternmost landward boundary at Tibbits Creek. -4- ce- cm co Cd 47 a) 10 w 0) " 0 10, 4J 0 r pq LU 0 U) ti U) 0 ca co 0 (1) r-4 Cd rA p E-4 ai w Q -0 co --c4 4-J r-4 w Li > Cd 0 Q) 0 0 '0 4J U) L) j co H Cd 0 P4 w Ix w cr SIHI c"Cl UAAN IS. tti J ,[MW fv) I P co P'q sl.EEI Z,L R.r ap IN CARO IA Z mv OHIO'"" X-- )SIV GAI 41, 0 sl E ll-, 1, EO: 31 M r SO NO go. G 001, 4.000 3 TAT IT, L*101. Pi CMIATRIC CWER V- C3 '046 ca.-k xcl Svk 7.11 0 P... "'o. 1, A --w4- T ok 'IftLE -L4, 00@ It S" -411 -1k4 0 SECTION TWO INVENTORY AND ANALYSIS 0 0 SECTION TWO INVENTORY AND ANALYSIS This section provides an informational base for determining applicable State and local coastal policies in Section Three and designating appropriate land and water uses and necessary projects in Section Four. Presented herein are brief descriptions of the coastal resources, existing land and water uses and important economic activities of the Ogdensburg waterfront area. PREPARATION OF A LOCAL WATERFRONT INVENTORY The NYS Coastal Atlas identified major resources and conditions occurring in the State's coastal area through a series of four maps (1:24,000 scale): "Natural Resources inventory". "Existing Land and Water Uses", "Development Considerations"t and "Summary Map". These maps were reviewed in conjunction with aerial photographs, tax maps, field surveys and numerous publications containing mapped and textual data concerning the City of Ogdensburg, its environs and, in particular, its waterfront. Pertinent information gathered from these sources was summarized under four topics: natural resources, community/cultural resources., current land and water uses, and important economic activities. I. NATURAL RESOURCES A. Water Resources (Plates 2a and b). The surface waters of the St. Lawrence and Oswegatchie Rivers are Ogdensburg's most significant water resources. While the former provided a navigable route for early exploration and trade in the region, the latter offered at its mouth an attractive site for fortification and settlement. From the early 1800's, growth of the City of Ogdensburg paralleled the growth of shipping through the St. Lawrence Valley until the St. Lawrence Seaway project was completed in 1959. Today, the Ogdensburg Bridge and Port Authority port facilities provide a major basis for economic activity in the city and the region. The St. Lawrence River is also important to the city for water supply. Its waters are designated as Class "A" by the NYS Department of Environmental Conservation. Class "A" waters are considered suitable for drinking and food processing if proper treatment is applied. From the area just west of the Ponderosa Fibres plant to the tip of the former car ferry pier on Lighthouse Point, the St. Lawrence River is classified as Class "C". Tibbits Creek is classified as Class to D". The Oswegatchie River is designated as Class "B". See Footnote 1 for a description of these water quality classifications. Ogdensburg's two principal water bodies also provide locally significant fish habitats, scenic vistas and recreational value. Again, the St. Lawrence River is foremost in giving the city its coastal setting and in supporting boating, fishing and swimming -11- activities. One private marina, in addition to one constructed by the city, accommodate a limited number of watercraft which use the two rivers. Sportfishermen from the area and from elsewhere in New York State and Canada are attracted to the lower Oswegatchie and this stretch of the St. Lawrence River. Muskellunge fishing in the St. Lawrence River is touted as the best in the nation. Shore fishing is popular at various points along the shoreline, including the municipal docks. The Oswegatchie River also provides potential for hydroelectric power generation at the site of the Ogdensburg dam. The city is currently investigating the necessary steps to renovate and reuse this structure. Tibbits Creek drains a large area of low-lying lands in the eastern and southern parts of Ogdensburg. It empties into the St. Lawrence River along the city's easternmost shoreline. Analysis: Ogdensburg's water resources are unquestionably one of its most important assets and provide the basis for the city's very existence and its continued economic growth. A fine balance between use of the rivers for water supply and scenic and recreational purposes versus port-related and industrial activities must be maintained. Current efforts by the OBPA and the State of New York to improve the port's facilities will further expand the potential of this resource for the city. (For further discussion of port activities, see pages 29 - 31). The city's efforts to renovate the Ogdensburg dam for hydroelectric power generation will again tap the water resources of the Oswegatchie River. Care should be taken to accommodate the recreational resources along the Oswegatchie River in the planning and construction of this project. The tourism industry in Ogdensburg depends on the continued quality of the area's fishing, boating and recreational resources. Marina facilities in the city are limited and cannot accommodate demand from boaters on the St. Lawrence River. This lack of facilities restricts the growth of this aspect of the city's economic base. Any new shoreline uses should be assessed for potential impact on water quality and sewer outfall since any changes are likely to affect the wildlife habitats and recreational resources of the water. In 1982, DEC upgraded the "C" section of the St. Lawrence River from its previous "D" classification to reflect improved water quality and evidence of capability of supporting a fishery resource in this area of the river. The Oswegatchie River was also reclassified at this time from a "C" to a "B" to reflect its use for primary contact recreation further upriver at Eel Weir State Park (outside coastal area). The city has reviewed the DEC classifications of its waters and finds the "D" classification for Tibbits Creek is inconsistent with its designation by the Oil Spill Response Model II as an area supportive of fish habitats and propagation (see page 15). Beginning in December, 1985, DEC will be conducting a statewide review of stream reclassifications. The hearing for the St. Lawrence River is scheduled for September, 1987. The city and DEC should pursue the possibility of -12- changing the classification of Tibbets Creek from a "D" to a "C" at this time. DEC classifications for the remainder of Ogdensburg's coastal waters are compatible with the existing and proposed land and water uses put forth in this program. Although no specific water quality issues were identified as current problems in the waterfront inventory, sites with potential for affecting water quality exists in the Ogdensburg coastal area. Point or itend-of-the-pipe" discharges exist at the city's sewer treatment outfall and 17 storm overflows, at the Ponderosa Fibres plant, and at the Standard Shade and Roller plant. These sites are under permit by DEC and are monitored on a regular basis. Potential sources of non-point pollution exist at the OBPA port facilities, the former Augsbury tank farm property, the Mobil tank farm and the St. Lawrence Psychiatric Center. Although not monitored by DEC permit, any form of pollution at these sites would come under State or federal jurisdiction. The city should be aware of these sites and the potential problems and development constraints they may pose. Close coordination between the city, property owners and appropriate State and federal agencies will help mitigate the problems as they arise. Potential threats to water quality also stem from discharges of shipboard wastes from commercial and recreational watercraft and the potential for oil and hazardous substance spills in the St. Lawrence River. Because of the city's location on the river and the St. Lawrence Seaway, the city is subject to the dangers which may result from the discharge of untreated vessel wastes and hazardous substance spills. The jurisdiction over the discharge of such pollutants lies with State and/or federal regulatory agencies. The city should insure that marinas provide facilities for pumping out marine holding tanks. It can also encourage the installation of such facilities through the review of new marina development or expansion proposals. B. Geology, Soils and Topography (Plates la and b). Blue and gray dolomites with granular fine-grained structure (called the Ogdensburg formation) underlie the St. Lawrence Valley where the city is situated. This sedimentary bedrock dates from Lower Ordovician origins during the latter part of the Paleozoic Era and tends to slope to the northeast. More recent sedimentary deposits dating from the Cenozoic Era overlie the dolomites in the eastern third of the city. Bedrock to the south and southwest of Ogdensburg dates to earlier geologic periods and gradually changes from sedimentary to metamorphic and igneous formations running from the Adirondacks to the massive Canadian shield through a narrow belt in the Thousand Islands. During the closing stages of the glacial period, most of the St. Lawrence Valley was inundated by marine waters given passage as the huge ice sheet melted away. A thick mantle of glacial drift was deposited under the standing waters with considerable amounts of gravel, sand, silts and clay. Near the river's present shoreline, the silts and clays reach depths of 50 to 60 feet. Moving away from the river, however, the glacial drift and marine deposits become increasingly shallow. -13- In general, the soils of the Ogdensburg waterfront area may be described as deeply laid soils comprised of either made lands (cut and fill) or post glacial material formed of lakelaid, deltaic or fluvial sediments deposited principally from glacial meltwaters. The made lands (termed Udorthents) are mostly loamy soils occupying all of the port and most of the developed city area west of the northern end of Linden Avenue. Post glacial soils, on the other hand, cover the areas east of Linden Avenue with six soil ty ,pes or series being most prevalent: Flackville loamy fine sand, Crogan sand and loamy fine sand, Hailesboro silt loam Paquette variant sandy loam, Hatoon silt loam and Elmwood fine sandy loam. These and other less prevalent soil types are described in detail in Appendix A (soils map and chart). The Udorthents are mostly loamy, poorly to well-drained and moderately to very rapidly permeable soils. Flackville, Crogan and Elmwood soils tend to be moderately well drained with rapid, rapid to slow or rapid to very slow permeability, respectively. The Paquette soil is excessively drained with moderate to rapid permeability. Hailesboro and Hatoon soils are somewhat poorly drained and exhibit moderately slow or slow permeability, respectively. Most of the waterfront area's soils present severe limitations to septic tank absorption fields and dwellings with basements. The erosion hazard of these soils is slight. Topography in the waterfront and the city as a whole is mostly level to slightly rolling with only distinctive changes in elevation occurring along the banks of the St. Lawrence and Oswegatchie Rivers. The terrain rises gently away from the shore of the St. Lawrence River with sections of the city situated 25 to 50 feet above th'e level of the river. From southwest to northeast, there is relatively little change in elevation in the waterfront except at the Oswegatchie River and, in a broad sense, in the lower lying depressions along NY Route 37, east of the more developed parts of the city. Areas of critical erosion were identified in Ogdensburg near the area of the Ogdensburg port facilities and grain elevator and Chimney Point. Ice damage, the effects of high water levels, and wave disturbances from the St. Lawrence Seaway shipping channel contribute to erosion action. The St. Lawrence Seaway Development Corporation has established and enforces speed limits for commercial vessels. The OBPA has plans to repair deteriorated wooden cribbing and bulkhead near the grain elevator in the future. A man-made beach located west of the international bridge on OBPA property is subject to erosion and requires frequent loads of sand and regrading to maintain a viable beach area (see Plates 12a and b). Areas of special flood hazard were identified and mapped in Ogdensburg by the Federal Insurance Administration. Land development in flood hazard areas is frequently precluded by soil limitations and high watertables. Development is now subject to city flood control regulations (see Plates 12a and b). Analysis: The area's level topography throughout most of the coastal area presents little problem for development. However geographic and soil conditions, including poor drainage, hig@ -14- watertables, areas of special flood hazard and poor quality fill present development constraints in several sections of the coastal area. The constraints these conditions impose must be taken into account when any new development is considered in these areas. Development should not occur in special flood hazard areas unless it meets requirements of the Ogdensburg floodplain ordinance. Erosion along the shoreline presents a lesser problem than those mentioned above in most of the coastal area. The NYS Department of Environmental Conservation has not yet identified any Coastal Erosion Hazard Areas (CEHAs), (as required by Section 34-0104 of Article 34, Environmental Conservation Law). If CEHAs are identified by the NYS Department of Environmental Conservation in the future, the need for additional regulation may be necessary. C. Vegetation. Terrestrial vegetation in the developed sections of Ogdensburg's waterfront is severely modified and limited due to intense commercial, industrial and residential land uses. Along the shore, such vegetation is generally restricted to sparse undergrowths of herbaceous and woody plants, with occasional stands of black willow. Pockets of deciduous trees and brush overgrowth characterize the undeveloped areas of the waterfront further inland. Various species of wetland vegetation are present in the low-lying, poorly drained areas along Tibbits Creek. . A 1976-77 survey of aquatic vegetation by. the U.S. Fish and Wildlife Service (USFWS) indicated that shoals and the littoral (nearshore). zone adjacent to harbor channels were areas where vegetation was most. dense and where the submergent aquatic plant species were dominant. It was assumed that vegetation is sparse or absent in the existing channel where depths range between 19 and 27 feet. Most rooted aquatics occur in waters with depths less than 12 feet in the Ogdensburg harbor area. Analysis: Since most of the Ogdensburg coastal area is developed, vegetative cover is minimal in most areas. Some vacant or underutilized areas, such as Lighthouse Point, the west bank of the Oswegatchie River, the triangular section of land bounded by NY Route 37, Ford Street Extension, and the railroad tracks, and the heavy industrial park, contain excessive vegetation and overgrowth. Small, scattered wetlands and low-lying land identified in the southeastern section of the coastal area were not deemed to be significant. The mature trees lining the Oswegatchie River and located in the St. Lawrence Psychiatric Center are a valuable resource and should remain, with improved landscaping augmenting these scenic viewpoints. D. Fish and Wildlife (Plates 3a and b). The NYS Coastal Atlas identifies no fish and wildlife habitats of statewide significance in the Ogdensburg coastal area. However, locally significant fish and wildlife habitats do exist in the Ogdensburg coastal area in the St. Lawrence and Oswegatchie Rivers and Tibbets Creek. Five areas are identified as locally significant. Information on four of the habitat areas described below is derived from the Oil Spill Response Model II, conducted by the St. Lawrence-Eastern Ontario Commission. Information -15- on habitat area #3 (Oswegatchie River) was acquired from the NYS Department of Environmental Conservation, Region 6 Office and the New York State Department of Environmental Conservation Significant Habitat Unit in Delmar, New York. 1. Ogdensburg - Prescott Pool Definition: A large open water pool, present during the ice-in period in varying extent and dimension, extending between Ogdensburg and Prescott, Ontario. Birds: Fair numbers of several species of diving ducks, dabbling ducks and gulls use this pool in the winter. Fish: A few riverwide common species have been recorded in the area. Little, if any spawning occurs in the deep water area. Limited spawning occurs along the shoreline edge of the upper ground shoal area. 2. Ogdensburg Bay Definition: Shallow waters and nearshore shoal areas. (middle ground shoal) Birds: Considerable numbers of dabbling and diving ducks use this bay' in migration. Fish: This bay harbors a diverse and productive fish population. it is an important spawning area for northern pike. Muskellunge and lake sturgeon are present, possibly spawning in the area although this has not been documented. Walleye and other species of riverwide distribution such as bass, perch, bull-heads, catfish and carp are also present. 3. Oswegatchie River Definition: The Ogdensburg dam and sluiceway, approximately three-quarters of a mile upriver from the confluence of the Oswegatchie and St * Lawrence Rivers creates a habitable fish environment. Fish: Species such as small mouth bass, rock bass and suckers spawn in the Oswegathcie River. Northern pike and channel catfish have also been recorded in this area. The development of the St. Lawrence Seaway, in the early 1950's, significantly altered the character of the river and of the -16- walleye habitat then present. The area below the dam at Ogdensburg was lef t as one of the few viable spawning sites in the newly impounded Lake St. Lawrence. Because of the limited spawning habitat remaining in the river, the Department of Environmental Conservaton subsequently identified this area as a significant habitat. Declining walleye numbers in the river have led to a revision of this classification to that of an historic walleye spawning area, as no spawning activity has been documented at this site in recent years. Recent reports of increased walleye presence in species is expanding and may resume utilization of this site in the future. 4. Chimney Point Definition: Area between the Ogdensburg-Prescott International Bridge and Tibbits Creek Bay including portions of the St. Lawrence Psychiatric Center property. Birds: Dabbling ducks, diving ducks, geese and hawks have been recorded in this area. Fish: A few riverwide common species including northern pike, have been recorded in this area. A few species such as small mouth bass, rock bass, sunfish and yellow perch spawn in a narrow band approximately two to fifteen feet offshore. 5. Tibbits Creek and Tibbits Creek Bay Definition: A small, shallow bay containing open marshland. (Tibbits Creek forms the eastern boundary of the city limits; Tibbits Creek Bay is in the Town of Lisbon. Because portions of the creek are in the coastal area, its description is included herein. Corporate boundaries will be recognized in program application. Birds: A diversity of dabbling ducks use the area for breeding and post-breeding activities. Fair numbers of diving ducks use the mouth of the bay and nearby areas in migration. Fish: A very productive spawning and use area for a wide variety of f1sh species. Northern pike and muskellunge are present in the area. -17- Mammals: An excellent diversity of mammals has been recorded in this area. Rock bass, yellow perch, white suckers and northern pike constitute approximately 70 percent of the fisheries resource in these areas and constitute an important component of the tourist and recreational industry attraction. Both the U.S. Fish and Wildlife Service and NYS Department of Environmental Conservation have identified May 15th through July 15th as the critical spawning period in the Ogdensburg area. Spawning and adult fish habitats vary by species and various habitat types are present. Spawning areas correspond generally to the habitat areas illustrated on Plates 3a and b. In addition, limited spawning of particular species occurs along the shoreline of the lower ground shoal. The underdeveloped and overgrown areas of the waterfront serve as habitat areas for a small number of mammals such as rabbits, raccoons, skunks, gray squirrels, rats and mice. Over 265 species of birds have been observed in the Ogdensburg region, some native and other migratory. Shorebirds and waterfowl are the dominate species close to the river. Although the immediate waterfront area offers little suitable habitat for the numerous migratory birds which follow the Lake Ontario-St. Lawrence River flyway, open waters of the St. Lawrence upriver from the mouth of the Oswegatchie River do serve as waterfrowl wintering habitat. Endangered or threatened fish and wildlife species present or observed in the Ogdensburg area include the bald eagle (endangered), and lake sturgeon and the common tern (threatened). Lake* sturgeon are found in Ogdensburg Bay and the other nearby river areas on occasion. The Bald Eagle has been noted during the winter in areas downstream of Ogdensburg. The common loon and the black tern are species of special concern. (See Appendix A for a detailed listing of fish and wildlife in the Ogdensburg coastal area and for definitions of the terms Itendangered", I'threatened", and "species of special concern". Analysis: Local efforts to protect fish and wildlife habitats should include monitoring future intensification of land use activities which may impact this resource. Dredging, industrial operations, redevelopment of the Ogdensburg dam, development of the heavy industrial park, and construction of the proposed county solid waste disposal facility are all activities which should be monitored for their impact on the city's fish and wildlife resources. Through the expansion and improvement of existing public access and recreational facilities and the encouragement of private marina development, the city can promote increased use of their fish and wildlife resources. Although the St. Lawrence River ranks first among New York State waterways in total harvest of large-mouth bass, northern pike and muskellunge, it ranks only fourth in total angler-days fished. Notwithstanding consideration of habitat sensitivity, a serious limitation in attaining higher use of this resource is lack of public and private access facilities. The demand for use of this resource -18- currently exists; but due to a lack of such facilities in Ogdensburg, boaters and fishermen go to other American and Canadian locations on the river. The cooperative efforts of municipal and county officials and private business operators to facilitate sportfishing in the river can enhance local tourism. E. Scenic Resources (Plates 3A and b). Ogdensburg's location at the confluence of the St. Lawrence and Oswegatchie Rivers provides a setting of natural scenic beauty associated with the spans of both rivers. However, much of Ogdensburg's waterfront is occupied by industrial, port, or state hospital facilities which limits scenic access to these resources. Over the past several years, the city has expanded and improved their "greenbelt" recreation area, and this area today provides the highest quality scenic access point in the city. The presence of several industrial and shipping related facilities on the Canadian side of the St. Lawrence River interrupt the natural scenic vistas of the river but nevertheless provide man-made points of interest for the viewer's eye. The Ogdensburg-Prescott International Bridge dominates the landscape at the eastern end of the coastal area. Analysis: Although a great deal of Ogdensburg's waterfront is occupied for land uses that conflict with the scenic beauty of the area, potential exists for improved scenic quality in the coastal area. Areas that hold particular potential for improvement include the east and west banks of the Oswegatchie River shoreline and Lighthouse Point. These locations are currently marred by underutilized land uses and excessive vegetation growth which hampers visual access to these significant coastal features. Consequently, the scenic resource policies correspond closely with the development policies (Policies 1 - 6), in particular with Policy 1, Development of Deteriorated and Underutilized Areas. _19- '7 00 57 3 1 13 17 .ooo 3 3 70 4*1# Ile loo T7 6 Im 010, F1 sk It -Ittl Stott "r. jA it n f- a, 3T# ..kC ILI J, Mom I Ir r 94* c1l" sta- -..Nf r, 2 Irf, It ......... oop lo, I .01 00, cl lo, 'o, Oop@ I/ VA loe .10 I-ol fl, ily 13 "Y"IATHIC 9 k\4. IT Q 30 ro 2 q Cb ST Al- z , @t'u@lfq IN m ool,@ .... .... .... .o .NP 0000 Middle Ground Harbor Channels Shoal INI Oeo!@ 000 '1@1 cx 00V RO 11'rAti, 00-, .001, %) 9 41 Harbo hannelst lux UpDer Ground Ilk Shoal go 0- 1 7 111-00 11 OW p S, WAIN Pu % A RsEl 51. cRE5ENT 'LACc @tER Oo 7 -V > CO V .00, loll STATION .100, too ST LAWRENCE cm 0 OG, cc.-t ACE 0 P,.K L OWER GROUND SH L 0, A. 4 go LT AL st Pj(T -L4 r" 511 0,4 --4.- 44- 11. COMMUNITY/CULTURAL RESOURCES A. Public and Semi-Public Facilities (Plates 4a and b) The public facilities inventoried in Ogdensburg's waterfront were divided into two categories: governmental operations or services; and public access and recreation. Semi-public facilities include those facilities providing community services or cultural activities. Such f acilities are open to the public and are generally operated or supported by private, non-profit organizations. 1. Public Facilities a. Governmental Services Governmental services and operations are described for the city, county, state and federal levels of government. City. The city water treatment facility is located outside the coastal area on Ogden Street and Jefferson Avenue. The sewage treatment plant is near the juncture of Denny and Railroad Streets. An unused pumphouse and dam, dating from 1868 and 1910 respectively, are situated on the site for hydroelectric power generation. The Ogdensburg Housing Authority owns and operates two senior citizen high rise apartment buildings (210 units) on Washington Street. County. The St. Lawrence County Industrial Development Agency (IDA) currently holds title to about fourteen acres on Lighthouse Point. The shoreline site includes the Ogdensburg DeKalb Railroad line and a vacant railroad depot. The IDA bought the railroad when the St. Lawrence Pulp & Paper Corp., now defunct, made its purchase one of the conditions for its efforts to reopen the paper mill. They leased the line from the IDA but payments stopped in 1983 when the mill closed. The new owner of the mill, Ponderosa Fibres Inc., has no interest in the railroad. The IDA purchased the railroad with financial backing from the Farmers Home Administration (FmHA). When the mill closed in 1983, the IDA defaulted on the monthly mortgage payments and now owes the FmHA approximately $675,000. The IDA is now attempting to sell the railroad for scrap, as well as the railroad right-of-way and the remaining land, to cover its debt. The city, which in the past had expressed interest in purchasing the parcel, is unable to pay the amount being requested by the IDA for the land. State. Facilities within the coastal area under New York State jurisdiction include the Ogdensburg Bridge and Port Authority, the St. Lawrence Psychiatric Center, and the Ogdensburg Correctional Facility. The Ogdensburg Bridge & Port Authority (OBPA) is a public benefit corporation, created by the New York State Legislature to provide a broad range of transportation and economic development functions in the Ogdensburg area. Within the coastal area, the OBPA owns and operates the Port of Ogdensburg, the Ogdensburg-Prescott International Bridge, the light industry Commerce Park, a heavy industry park, and the St. Lawrence Railroad (partially in coastal area; leased to an operator). The Authority also operates the Ogdensburg International Airport (outside coastal area). -29- The Marine Terminal in Ogdensburg was constructed in 1970 and currently has a wharf capable of berthing a single vessel. Cargo handled at the Port has increased from 5,000 tons in 1971 to 69,500 tons in 1980. Liquid bulk receipts ceased in 1981 when the adjacent Augsbury tank farm closed. Estimates for future annual cargo range from a low of 40,000 tons to a high of 200,000 tons. Approximately 60,000 sq. ft. of paved outdoor storage area is located contiguous to the berth, with 90,000 sq. ft. paved and 282,000 sq. ft. unpaved storage area available away from the berth. The port is capable of handling both bulk and general cargo. The majority of the cargo handled is dry bulk commodities including zinc, wollastonite, salt, marble chips, and powdered milk. Steel rails, aluminum ingots, railroad wheels and forest products are also shipped through the port. Other port facilities include a grain elevator and direct pierside rail service with accommodations for 150 rail cars. The draft Ogdensburg Port Faster Plan and Development Study (November, 1984 estimates that the port contributes $1.2 million to the region's economy annually. Refer to Plates 5,6,7 and 8 for further information on port projects and cargo trends. The port Master Plan established a three-phase port improvement program, with each phase tied to a range of Port use tonnages. A New York State transportation bond issue, approved by voters in 1982, designated $6.5 million for capital improvements at the port. These funds will enable the port to complete Phase 1. Phase I will increase cargo handling capabilities to 100,000 tons. This phase will include the following projects: -A 600 ft. extension of the existing berth enabling the port to offload two ships simultaneously. -Dredging of the channel, the basin and along the wharf extension. -Relocation of the second transit shed to a point just south of the Downing Building. -Construction of a new bulk storage shed on the site of the existing second transit shed. -Acquisition of a crane, with clamshell buckets and hooks and slings, possibly to be shared with other ports. -Acquisition of a truck loader/stacker for handling bulk commodities. -Relocation of the Marine Terminal's security fence. -Paving of a road to the relocated shed's new location, and to the truck scale. _30- Phase II is intended to enable the Marine Terminal to handle between 100,000 and 300,000 tons of cargo annually. To attain this level the Port Authority would need to spend approximately $550,000 on additional storage space including an extension to the main storage building, a new transshipment shed, and other renovations; $1,650,000 in additional material handling equipment including a larger crane, additional forklifts and front end loaders, a hopper/stacker, a mobile truck dumper /conveyer, and walls and dividers to separate bulk cargo storage; and $146,000 on utilities and other incidentals. The Phase 11 projects are premised on dry bulk cargo remaining the dominant cargo form handled at the port. Phase III is intended to allow the handling of 500,000 tons of cargo annually. This phase would include another berth extension, the acquisition of a whirly gantry crane, additional transit sheds and/or silos, inside conveyors, and other major material handling equipment items. The OBPA also operates the Ogdensburg-Prescott International Bridge. Bridge crossings in 1984 totaled 433,491, up from 426,548 in 1983 and 384,276 in 1982. A toll increase was implemented in 1985, increasing automobile tolls from $1.50 to $2.00. The light industry Commerce Park site contains approximately 100 acres. The property is bounded on the north and east by the St. Lawrence Psychiatric Center, on the west by the Bridge Plaza and approach road, and on the south by N.Y. Route 37. Development of Commerce Park began in 1975 by the OBTA and six buildings containing approximately 125,000 sq. ft. have been consttucted. Utility systems including sewer and water lines and a storm drainage system have been installed. The OBPA Commerce Park Master Plan (1982), identifies a total of twenty lots available for development within the park. The heavy industrial park encompasses a 250 acre industrial park within an area of 550 developable acres. N.Y. Route 37 forms the northern border with Tibbits Creek on the east and the St. Lawrence Railroad line on the south. The site is serviced by municipal water, sewer and storm systems. The park currently has one occupant and the proposed county solid waste incinerator is planned on this site. The remainder of the acreage is vacant and covered by forest and forest brushland. Following completion of the Foreign Trade Zone Feasibility Study (1983), the OBPA submitted an application to acquire status as a Foreign Trade Zone. Final approval of the Foreign Trade Zone has been granted. A "floating" zone is proposed to enable the OBPA to utilize the concept to best suit their purposes. The St. Lawrence Psychiatric Center is operated by the NYS Department of Mental Hygiene. The Center's twenty major buildings cover 515 acres. The hospital serves a six county area and services 560 inpatients and around 1300 outpatients. With over 1,000 employees, the Center is by far the city's largest employer. As a result of expanarion of the adjacent Ogdensburg Correctional Facility, the Psychiatric Center has received funding for renovation to several of -31- its buildings and $7.5 million to construct a new 38-bed children's unit. The Ogdensburg Correctional Facility is located at the southwestern end of the grounds of the Psychiatric Center. An expansion project which doubled the capacity of the facility was recently completed. The complex now contains twelve buildings covering 31.5 acres. The facility is capable of housing 542 inmates, and employs 383 people. Federal. Federally owned facilities within the coastal area include the U.S. Customs Office at the Robert L. McEwen Customs House (127 N. Water Street) and the U.S. Post Office at 431 State Street. Analysis: The waterfront area of the City of Ogdensburg has 6.5 miles of shoreline. The state and municipal governments own 20.8 and 2.4 of these shoreline miles, respectively. The OBPA and the St. Lawrence Psychiatric Center properties constitute the largest share of this land. With approximately 23 percent of the shoreline in public ownership, significant opportunities exist for waterfront development and enhancement. Analysis of the several facets of public and semi-public facilities follows the same format as the inventory section previously described. City: The city is currently pursuing the feasibility of redevelopment of the Ogdensburg dam for hydropower generation. A 1982 feasibility study indicted the project could be profitable by the third year of operation if the city developed the dam to a 1,090 kilowatt capability. However, several issues remain to be resolved including project funding, acquisition of water rights from property owners and a license from the Federal Energy Regulatory Commission, and decision on public vs. private ownership. Impacts on the open space and recreation uses of the shoreline should be mitigated and the pumphouse, dating from 1868, should not be demolished. Alternative uses for the pumphouse should be investigated if it is not redeveloped as part of this project. County: Lighthouse Point, currently owned by the St. Lawrence County Industrial Development Agency, presents several problems for not only the IDA but for the city as well regarding future use of this prime waterfront property. The parcel is currently zoned industrial, reflecting its past use as a railyard and landfill. Since the site is currently up for sale by the financially encumbered IDA, the future use of the site is in limbo. While the city has no control over the land uses the county may wish to implement on this site, it would regain that control if the site were sold into private hands. Since designation of the light and heavy industrial parks on the eastern end of the city, there is no longer a need to reserve this site for industrial uses. A 1978 Urban Land Institute study cited this area's spectacular views and recommended the site be developed for active and passive recreation. The city should pursue this recommendation by rezoning the area from Industrial M to Commercial /Industrial (CI) and by locating and protecting the site of Fort La Presentation. -32- State: The OBPA is responsible for several diverse operations, all of significance to the city's and the region's continued economic development. The marine terminal is currently undergoing an expansion project larger than any since its initial construction in 1970. Investment of State and federal funds into this project indicates a commitment to the continued existence and growth of the Ogdensburg port. While the port is subject to many factors beyond its control, certain known factors can be adequately addressed. The Ogdensburg Port Master Plan, in providing a guide for port development for the next ten years, cites several advantages and disadvantages of the port. Advantages include the fact that Ogdensburg is the easternmost U.S. public port and has a large natural hinterland containing deposits of ores and minerals which require water transportation. The port's 27 foot Seaway depth channel and strong State and local support are also seen advantages. Disadvantages include a sparsely populated hinterland with limited market expansion potential, and proximity to competitive Canadian ports. The port's initial design as a general cargo port with only one berth is also a disadvantage to overcome in light of the demand for dry bulk cargo facilities. - Completion of Phase 1, scheduled for 1985, will increase the port's ability to handle between 40,000 and 100,000 tons of cargo. It is possible that Phase 11 (100,000 to 300,000 tons) or Phase III may never be implemented if demand does not warrant such growth. However, port administrators and consultants have expressed that it is quite feasible to expect that the port will move tonnage within the Phase I range in the foreseeable future. Commerce Park is the site identified for light industrial firms. The OBPA, working in conjunction with the city, has managed to attract five Canadian firms to the Park and they are actively pursu*ing additional firms with an ongoing program. Proximity to Canadian markets is a definite advantage for the Ogdensburg park and designation as a foreign trade zone in 1985 adds to the park's attractiveness. Although subject to market fluctuations and layoffs, as recently seen with layoffs at Mitel Inc., the firms in the light industrial park seem stable and attraction of additional firms in the near future is a distinct possibility. The heavy industrial park is a large vacant site with only one tenant at present. Locating the proposed county solid waste incinerator at the park is an appropriate use of this site providing environmental impacts are handled properly. Efforts by the OBPA and the city have been purposefully directed toward acquiring tenants for Commerce Park rather than the heavy industrial park. This is an advisable approach since market demand is not likely to encourage much heavy industrial development in the Ogdensburg area. The St. Lawrence Psychiatric Center is a large landowner whose presence in the city has been constant since 1890. The Center provides mental health services for a six county region and provides a stable job market for many who live and work in the Ogdensburg area. The Center has been cited by the Department of Environmental Conservation -33- for illegal emissions from their coal burning power plant. The Department of Mental Hygiene has completed an engineering study which presented alternative solutions to this problem, including switching to natural gas and oil. If the Center ceases burning coal, continued existence of 'the OBPA-owned railroad may be threatened because the Center provides a large percentage of the railroad's tonnage. All agencies involved in this problem should be aware of the factors involved and work towards a solution which will meet air quality standards and mitigate any adverse economic impacts on the area. The Ogdensburg Correctional Facility recently completed a $14 million expansion project. As a result, additional temporary and permanent jobs were created. These jobs augmented the local economy over the period of construction and will continue to contribute to the city's economic stability in the future. The facility's annual operating budget now totals approximately $10 million, of which $7.5 million goes out in salaries to employees. Federal: The U.S. Post Office has expressed an interest in moving from their State Street quarters, which they claim are too large, to a newly constructed facility. Their current building is listed on the State and National Registers of Historic Places and is a significant historic and architectural landmark in the city. Since the building is on the National Register, the Postal Service is subject to Federal law on the disposition of this property@ If ownership is transferred, protective covenants should be made a condition of the sale. The city should work closely with the Postal Service and the New York State Historic Preservation Office in making the best possible arrangements for the city on this project. The city should insure that this important structure is not left vacant or altered in an incompatible manner. b. Public Access and Recreation The main public access and recreation facility in the coastal area is the Riverfront Greenbelt Park. This linear park was developed by the city on the St. Lawrence River and the east side of the Oswegatchie River. The park contains 9.5 acres and runs from Morissette Park on the St. Lawrence, beneath the arterial's twin bridges to the Lake Street bridge. Morissette Park, which was a recreation site for many years, was -incorporated into the Greenbelt area and contains picnic and playground -facilities, benches, and tennis courts. The more recently developed section of the Greenbelt includes Ogdensburg Community Center offices, restrooms, a twin boat launch, 40 - 45 slips (17 rented on a seasonal basis), approximately 200 - 225 feet of transient dockage, picnic facilities and a paved shoreline trail with benches and trash receptacles. Parking space is provided for approximately 70 cars and 7 to 10 boat trailers. A breakwall constructed in 1979 - 80 created the dockage area for the municipal marina. Construction was completed in the spring of. 1985 for a $170,000 improvement project on the city dock. Two hundred and fifty feet of steel sheet pile dock replaced an old timber crib-dock along the inner harbor of the breakwall area. The electrical .service was upgraded and the pumpout station was moved to accommodate larger boats. -34- Between May 30 and September 18, 1984, 396 boats docked at the city marina, an increase of 45 boats from 1983. Of these 396, approximately 45% were owned by city residents. About 150 of these boats docked at the city for at least two days. These figures do not include the 17 slips rented on a seasonal basis. 1984 fees for overnight hook-ups were $5.00 with power and $4.00 without. Library Park is across Washington Street from Morissette Park and provides a 2.8 acre extension of the Greenbelt recreational area. This park is part of the Library Park Historic District and contains the Soldiers and Sailors Monument erected in 1905. No picnicking is allowed on the grounds. The east bank of the Oswegatchie River shoreline from the Lake Street bridge to the Crescent Street Water Works is also a part of the network of parcels along the river which is used for recreational purposes. The site currently contains a dirt pathway along the shoreline, fishing access, and a stairway from Cresent Street down the fifty foot high river bank. A stand of mature trees lines the riverbank providing a point of scenic interest. The city has intentions to improve this area in a manner similar to the Greenbelt Park. The city also operates a beach on the OBPA grounds near the entrance to the international bridge. The two acre site, leased for $1.00 per year from the OBPA, contains a 200 foot beach, picnic and playground and restroom. facilities, a beach house, and a concession stand. Parking is shared with the OBPA office lot. The beach is used mainly by residents of Ogdensburg and surrounding towns. A recreation program provides bus service for city children in the summer. Analysis: Tourism and recreational activities have become a vital component of the city's economic development. As such, further development of both public and private facilities, in balance with appropriate protection of natural resources, will enhance further economic growth. The majority of the city@s water-dependent recreational facilities are publicly owned and operated. The city owns the only marina on the St. Lawrence River within the city limits. This, plus one privately owned marina on the Oswegatchie River, provide the only docking facilities in the city. The approximately 125 berths they provide is not adequate to meet demand. Ogdensburg's lack of boating facilities has constricted growth of this segment of the tourism market. The feasibility of additional public and private dockage should be studied. Locations such as the area between the grain elevator and the port terminal could provide a possible harbor area. Additional commercial marinas and improvements at existing marina's such as Robby's Marina and Ward's Marina (now used for private use only) should be encouraged. A large share of Ogdensburg's waterfront is excluded from public access due to existing residential, commercial and industrial development. However, over the last decade, the city has invested considerable effort in expanding public access to the waterfront by developing a linear recreational area on the St. Lawrence and Oswegatchie River shorelines. The existing public access and -35- recreational activities are very attractive but inadequate to meet demand from local residents and a growing tourist population. The underutilized state of key waterfront areas such as Lighthouse Point and the west bank of the Oswegatchie River provide great potential for increased coastal public access. Development of these areas would relieve the congestion that currently exists during the summer months in the Greenbelt area. The St. Lawrence Psychiatric Center controls a large portion of the waterfront area. Due to the nature of the complex and the concern for the safety of the patients, public use of the grounds is not encouraged. Vehicles and pedestrians are allowed to use the grounds for scenic viewing, bicycling and jogging. Organized community groups may use the picnic area and baseball field by reservation with the Center's Rehabilitation Department, but the staff reserves the right to choose the groups they allow in. Public swimming at their beach is not allowed. The OBPA permits public access along Chimney Point Road in the light industrial park. The Commerce Park Master Plan recommendation to develop a jogging trail/exercise course around the perimeter of the park property should be pursued. As funding allows, development of the grassy area between the bridge approach road and Chimney Point Drive should also be carried out. The Master Plan's suggestion of several par 3 golf greens is a possibility- 2. Semi-public Facilities Semi-public facilities within the coastal area include one church, the Ogdensburg volunteer rescue squad building, the Chamber of Commerce office and property owned by the Diocese of Ogdensburg (residence and offices). Two significant community facilities include the Ogdensburg Public Library at 312 Washington Street and the Remington Art Museum at Washington and State Streets. The Remington Art Museum houses a collection of oil paintings, sketches, bronzes, letters, books and furniture of Frederic Remington (1861 - 1909). Opened in 1923, the museum includes the largest single collection of Remington's paintings and drawings and 14 of the 22 subjects he cast in bronze. This facility serves as Ogdensburg's single largest tourist attraction. Analysis: Ogdensburg's semi-public facilities cover the usual range of such uses. The majority of such facilities however lie outside the coastal area. Two exceptional semi-public facilities are the Ogdensburg Library and the Remington Art Museum. Both are housed in outstanding historical and architecturally significant structures and both contain impressive collections. The Remington Museum contains one of the finest collections of Remington works in the country and should become a museum of national importance. -0 -36- ul a) z 2 u Ln (0 4-J LL. 4-J a_ c r_ a) - Cd Q) (-) tu 0) 0) rLq 3c E m c c F= &_ .,: W 41 Cal 4 u 0 Z) :3 IS _4 Z cr 0 . 0 CL ro fu L_ 4J L- 4-J In (A U z U) (a (n U 4-J L_ 4-1 4-J 0 CL :3 fu a) a) ca 0 In 2: a) w c u a) __Ie LI) Uj 4,J 1111 In E (u w 0 m u u 0 u fu __Iz L. 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AW r A@_ A 'o A ,W, W, 00 100 5b IL 0 1000 PUMP 3TATION 10 ST LAWRENCE 5c PSYCIIIATRIC CEN'ER 6 Z@ 5d 5c 5d _44 5a :R 0 EXISTING FACILITIES PORT OF OGDENSBURG PLATE 5 BUILDINGS OUTDOORSTORAGE 16,000 sq. ft. metal storage building 60,000 sq. ft. paved 15,000 sq. ft. metal storage building 69,000 sq. ft. unpaved Truck scale @ 90,000 sq. ft. paved 20,000 sq. ft. metal storage building, (0 80,000 sq. ft. unpaved currently leased out @ 90,000 sq. ft. unpaved 8,000 sq. ft. metal/concrete biock building, not currently used 43,000 sq. ft. unpaved 12,000 sq. ft. metal building MOBILE EQUIPMENT (D 480 sq. ft. mobile home, and old railroad station, not used One portable stacking conveyor 500,000 bu. grain elevator, Two front end loaders currently being renovated Five forklifts 26,400 sq. ft. metal building at One portable loading ramp grain elevator, leased out ACCESS WHARF AND CHANNEL Channel authorized 19 ft., Two lane paved road nominally 27 ft. Direct rail access Wharf 582 ft. Two pipelines to tank farm One vessel berth a its 01 .% 46 r% old, EXISTING MARINE TERMINAL FACILITIES AT THE PORT OF OGDENSBURG 41 Source: 0@densburg F-ort Master Plan arid Develor)rnent Study. 7,Zlensourg, Bridge azid Port Authority, Moveriber, 1984. VER A 1.4wFIENCE S T D G H G H F 600 FOOT WHARF EXTENSION RAIL TRACK IN WHARF EXTENSION DREDGE CHANNEL TO 27 FEET CONSTRUCT NEW BULK STORAGE SHED PAVE AREA FOR OUTDIDOR BULK STORAGE 0 RELOCATED STORAGE SHED FROM @ LOCATION RELOCATED SECURITY FENCE AND GATE NEW PAVED ROADS @A FACILITIES IMPROVEMENT PLAN 1:1 0 Olt FE ET 1100 @O PHASE 1 (40,000 TO 100,000 TONS PORT OF OGDENSBURG source: Opdensburg Port Master Plan and Develonment Study. Ogdensburg Bridge and Port ku"filioritV. November, 1984. so- PETROLEUM GENERAL CARGO DRY BULK cc w 60- /Vz LL 0 w40- > 0 n M Z rn 3: t.n 0 0 Cr 20- @14 2Z z . . . ....... z WROW/ 7.......'-.77 -.77. 0- 1971 72 73 74 75 76 77 78 79 80 81 82 MARINE TERMINAL CARGO TRENDS Ile OGDENSBURG TERMINAL Source: ster Plan and Develonment Study. 0-densbur- Bridg Ll 0 e and Port ut or -v. ovem er, 19B'!. PLATE 08 400- 0 300- Uj d 0 < z z 0 200-1 ...... . .... .............. ........ ... cr_ ........ 0 RANGE OF . ....... ....... FORECA STED z ........... . ..-..PORT TONS z 100 40 TIME PHASE PHASE PHASE 1 11 111 RANGE OF ANTICIPATED PORT IMPROVEMENT PROJECTS PHASED IMPROVEMENT PROJECTS RELATED TO FORECASTED ANNUAL TONNAGE @F Sour*ce: OSdensbur" Port Master Plan and Develonment Study. Ogdensburg, trid,ae a-Lid Port Authority. November, 1984. -PAGE 47- B. Facilities. A large portion of Ogdensburg's downtown commercial district is located in, or immediately adjacent to the coastal area. The main intersection at Ford and State Streets is the hub of the business district and provides access to City Hall, offices, banks, and retail shops. Ford Street, which once bissected the area now encompassed by the Charlestown Ogdensburg Factory Outlet Center, is closed to traffic for a two-block area and provides the main pedestrian entrance to the mall. A one-way traffic pattern funnels traffic around the mall. The Charlestown Mall was constructed in the early 1970's as part of an extensive urban renewal project. The mall remained largely vacant for several years until the most recent purchase by a private firm and opening in October, 1983, as a factory outlet center. The 100,000 sq. ft. mall now contains 22 stores and is 95% occupied. The mall is operated by professional management and maintenance staff and provides part-time and full-time employment for 125 people. Several community activities are scheduled in the mall throughout the year. Ford Street is zoned for general business to the intersection of Green Street in the eastern part of the city. Commercial enterprises intermix with residential uses along this entire section of the street. Since the closure of the Lake Street bridge, the number of commercial establishments in the western section of the city has declined. One furniture store, two restaurants, one tavern, one food store/gas station, one auto repair shop, a beauty shop, and a commercial print shop constitute the main businesses. A few miscellaneous businesses mixed in with predominately residential uses are located along Main Street. Most of the businesses in the coastal area are open year-around and serve residents and others who live in the area. With the opening of the Charlestown Mall, a new emphasis was put on marketing the mall as a regional shopping outlet to attract out-of-towners and Canadians. The Oswegatchie River contains one private marina with 80 slips, fuel and boat sales, service and storage. No pumpout facilities are available at this marina. The height limit of the Lake Street bridge and low summertime water levels restrict further marine expansion on the Oswegatchie River. A small marina on the St. Lawrence contains 15- 20 slips. The marina has not been open to the public for the last two years and has reverted to private use. There are no motels or tourist accommodations within the coastal area. Four motels within or just outside the city limits serve travelers to the Ogdensburg area. Analysis: Commercial activity, being tied to the state of the general economy, has been rather stagnant in Ogdensburg in the past few years, as in much of northern New York. A 15% decline in population over the last decade and a county unemployment rate between 9 and 14 percent has also contributed to slow commercial growth. Failure of the Ogdensburg Mall to attract or keep tenants was indicative of this trend. However, since the opening of the Charlestown-Ogdensburg Factory Outlet Center in October, 1983, the commercial climate has -49- begun to improve and downtown Ogdensburg is regaining the vitality it once had. The mall reached 95% occupancy in one and one-half years and is able to compete with outlying shopping plazas because the concept of the factory outlet center attracts a regional, rather than just a local group of customers. Shopper surveys have shown that 60% of the mall's business is derived from out-of-town buvers. Customers from surrounding counties, plus Canadian traffic, account for this percentage rate. With the expected population increase from Fort Drum expansion and continued good management, the mall should be able to maintain its role as Ogdensburg's commercial hub. The mall's success has also contributed to an increased confidence in downtown investment and has spurred new commercial activity on surrounding streets. C. Industrial Facilities. Ogdensburg's industrial heritage remains evident today with the presence of several industrial firms and the city's commitment to retain and expand its industrial economic base. In addition to the port marine facilities, the OBPA leases space in Commerce Park to five light-indus trial firms which specialize in fabricating components for computer and telecommunications svstems. All are Canadian firms and provide approximately 500 jobs for residents of the area. These firms include C-Tech, Inc.; Compas; Filtran, Ltd.; Mitel, Inc.; and Tech 5 Ltd. Other large industrial firms in the coastal area include: - Ponderosa Fibres, Inc., 2 Madison Avenue; recycling pulp. Reopened in 1984 for the third time in five years under two different owners. -Bulldog Jordan, Division of the Newell Manufacturing Company, Paterson Street; drapery hardware. -Standard Shade and Roller, Division of Joanna Western Mills Co., Covington Street; windowshade rollers. -Ultramar Corporation, Riverside Avenue; retail fuel oil and gasoline. Two other large employers are located adjacent to the coastal area and deserve mention for their contribution to the city's economic structure: - Acco International, Inc., Riverside Drive (Town of Oswegatchie); office supplies. - Universal Foods Corp., 30 Main Street; dairy processing plant. Analysis: A large percentage of the city's industrial uses lie within the coastal area. Industrial firms with a long term presence in the city such as the paper plant and Standard Shade and Roller, complement newer firms located in the light industrial park. Ogdensburg's industrial economy has suffered setbacks in the past few years. Since 1978 when Diamond International closed the paper mill and laid off 265 workers, the plant has had two subsequent owners with three separate periods of operation. The paper industry, being highly cyclical and capital intensive, is controlled by many outside factors. -50- It is to the credit of the community that they have been able to attract new owners and keep the plant a viable entity in their community. Empty oil tanks and pipelines stand as a reminder of the city's former use as a liquid petroleum terminal. The Mobil Oil tank farm is for sale. The Augsbury Oil Corp. has undergone Chapter 11 proceedings and has divested most of its holdings. However, the recent demolition of all the f ormer Augsbury oil tanks has opened up a large piece of waterfront property, providing several opportunities for future development of this site. Ogdensburg community leaders and the OBPA recognized several years ago that light industrial firms were a preferred alternative and have successfully pursued this route. Although some of the firms have experienced periodic lay-offs, they have provided a fairly steady job market which should continue, if not expand, in the future. D. Housing Stock. 1980 Census data listed a total of 4,407 housing units for the city. Sixty-four percent of those classified as occupied were lived in by home owners; 36 percent by renters. The city's vacancy rate equalled 2.28 percent and well under one percent of all occupied units were classified for seasonal use. Although only a small percentage of the city's housing stock is located in the coastal area (roughly one-tenth), these figures generally hold true for housing in this area with one exception. A larger proportion of rental units are located in the coastal area than in the city as a whole due to the number of mixed commercial/residential structures in the commercial sections of the coastal area and two senior citizen towers containing 210 units. The remainder of the housing stock in the coastal area consists largely of single family homes. On the west side of the Oswegatchie River, Lake and Mill Streets contain a group of modest vernacular structures which have been targeted for attention in the city's housing program. Following demolition, necessary for construction of the new arterial, small isolated pockets or strips of homes remain on Main, Covington, Pearl and Monroe Streets. Most of the city's substantial large homes are located on the east side of the Osvegathcie River. Several of the older homes have been subdivided into apartments and a few of these lie at the waterfront ends of Franklin, Elizabeth, Hamilton and Paterson Streets. Both sides of Proctor Avenue are lined with large, single family homes. Analysis: Although population has declined sharply since 1950, the housing market in Ogdensburg remains tight. New household formation, characterized by single persons (unmarrried, divorced or widowed) and smaller families (often with only one parent present), plus the growing proportion of elderly households have substantially increased the demand for housing units while the supply has increased only slightly. Whereas the 1970 census reported a vacancy rate of 7.0 percent, the 1980 rate was only 2.28 percent. Also, little new housing _51- has been constructed in the city while the older housing stock continues in many cases to deteriorate. The City Office of Rehabilitation and Development has begun to make noticeable improvements within targeted areas but much work remains to be done. Housing rehabilitation and associated public improvement should continue through investments of community development grants and city funds. In addition, a reassessment of zoning in areas that now contain a confusing mix of residential and commercial uses may be helpful in preserving the integrity of housing stock that remains. Ford, State and Main Streets have all experienced serious inroads on their residential uses by commercial enterprises. E. Historic and Archaeological Resources (Plates 12a and 12b). The City of Ogdensburg as a whole retains only a modest portion of the architectural and visual integrity once present during its heyday in the early 20th century. Heavy urban renewal clearance in the early 1970's removed many of the downtown commercial buildings replacing them with a one-story enclosed mall. The majority of Ogdensburg's historically and architecturally significant structures are large individually important structures scattered throughout the city. Several of these structures are located within the coastal area. Those listed on the National and State Registers of Historic Places are described below: U.S. Customshouse. 127 N. Water Street. Built in 1809 - 10 as a store and warehouse for David Parish, this massive limestone structure has been designated by the General Service Administration as the oldest- federal government building presently in use in the U.S. Listed on the National Register in 1974. New York State Armory (The Arsenal). 100 Lafayette Street. This limestone building was constructed in 1858 by New York State for use as an armory. It currently houses offices. Listed on the National Register in 1976. U.S. Post Office. 431 State Street. This imposing stone building is an important example of civic architecture constructed in northern New York in the nineteenth century. Built between 1867 and 1870 to house federal postal, customs, and court facilities, the building still serves as a post office and retains many of its original interior features. Listed on the National Register in 1977. Library Park Historic District. 303-323 Washington Street, 100-112 Caroline Street, and Library Park. The Library Park Historic District is composed of seven architecturally or historically significant structures, a park, and a war memorial monument. It is primarily a 19th century district occupying a section of land immediately adjacent to the St. Lawrence River which was of paramount importance in the settlement and development of the city. The seven buildings and sites listed on the National Register in 1982 include: The Remington Art Museum (303 Washington Street) 1809 - 1810. Dillingham Residence (311 Washington Street) 1883 - 1885. Ogdensburg Public Library (312 Washington Street) 1810. -52- Reconstructed in 1888, remodeled in 1921. Newell Residence (323 Washington Street) 1888. Remodeled in 1931. Augsbury Residence (112 Caroline Street) 1891. Houston Residence (108 Caroline Street) 1880. Wheaton Residence (100 Caroline Street) 1880. Library Park (Bounded by Washington, Caroline, Riverside and State Streets). Originally laid out in 1903. Soldiers and Sailors Monument (Library Park). Civil War monument erected in 1905. Acker and Evans Law Office. 315 State Street. Constructed in 1850, this small stone structure originally served as a Railway Express agency office and today remains in use as office space. Listed on the National Register in 1982. St. Lawrence Psvchiatric Center. The central core of the grounds of the psychiatric center contains the majority of the original structures built between the 1880's and 1920's. The Ogdensubrg Correctional Facility is also located in buildings considered to be within this core of historic structures. Although this complex is not listed on the State or National Register of Historic Places, it has been determin@d eligible for listing by the New York State Historic Preservation Office. Other historically, architecturally or archaeologically significant sites not listed on the State or National Registers but worthy of note include the following: Ogdensburg Lighthouse. Lighthouse (Van Rensselaer) Point. 1 835. Renovated 1867 - 1870. This 65 foot stone lighthouse once guarded the St. Lawrence River shores and is now used as, a private residence. Site of Fort LaPresentation. Lighthouse Point. The original French fort at this site was built in 1749 by Abbey Francois Picquet and destroyed in 1760 as the British advanced and captured the city. The new Fort Oswegatchie erected on the same site was occupied by the British from 1760 until 1796. The exact location of these fortifications is unknown. Oswegatchie Pumphouse. One Mechanic Street. Located adjacent to the Ogdensburg dam on the Oswegatchie River, this stone structure was erected in 1868 and served the city during the time when the water supply was derived from the Oswegatchie River. The dam was constructed in 1910. Monuments Curtis Monument. Cresent Street, behind Post Office. Statue of Civil War General Newton Martin Curtis. Dedicated October, 1913. -53- Ford Tomb. Northwest of the Lafayette-Spring Street Bridge. Quarter-acre site facing Lake Street and the Oswegatchie River between N.Y. Central Railroad tracks and Lincoln Avenue. Contains MW the Ford family burial vault including Nathan Ford, founder of Ogdensburg. Monument erected over entrance to the vault in 1907. Morissette Monument. Morissette Park. 1934. Named after former mayor Ralph J. Morissette. Soldiers and Sailor Monument. Library Park. Dedicated in 1905 to soldiers of the Civil War (located in Library Park historic district). Analvsis: Much of Ogdensburg's historic and architectural resources e been demolished over the years, particularly in the downtown commercial core where the continuity of the nineteenth-century structures was broken up by a massive urban renewal project. In addition, the continued viability of the nineteenth-century commercial buildings on the west side of the city has been threatened by the construction of the new arterial and the closure of the Lake Street Bridge. Because of this, the coastal area has little potential for additional National Register historic districts, although individual listings may be possible. However, many of the fine early residential structures remain, as well as several individual buildings of importance to the history of the city and the region. The city should make every effort to protect and encourage revitalization of these structures to insure their continued contribution to the city's heritage. The NYS Archaeological Site Locator Map indicates seven, one-half mile diameter sites in or adjacent to the Ogdensburg coastal area as possible prehistoric sites with sensitive archaeological resources. Four of these areas are located at Lighthouse Point, and along the St. Lawrence and Oswegatchie Rivers; one is in the central part of the city, straddling NY Route 37; and two are at the eastern end of the city along Tibbits Creek. Such sites might include encampment and fortification artifacts from Indians who fished or settled in the area. Lighthouse Point contains the remains of eighteenth century French fortifications. F. Infrastructure. Water supply for the city is pumped from the St. Lawrence River via an intake located at the end of Monroe Street near the western corporate boundary. The water filtration plant is located outside the coastal area at Jefferson Avenue and Ogden Streets. Three storage facilities, also outside the coastal area, supply a 2.5 million gallon water reserve. The city is currently implementing a $1.1 million project to expand the capacity of the water treatment plant. Capacity will increase from 2.7 to 3.6 million gallons per day through the installation of two diatomaceous earth filters. Project completion date is scheduled for July 1985. The city is also going to bid in April, 1985 for a $800,000 project to construct a reinforcement loop -54- (12" water main) in the southeastern portion of the city (outside the .mob, coastal area). This loop will service several smaller lines in this section and raise fire fighting capacity to required levels. The sewage treatment plant is located on Railroad Street and discharges to the St. Lawrence River at the extension of Paterson Street. Public sewers service all the developed areas of the waterfront. The plant was upgraded to secondary sewage treatment in 1980. It operates at an annual average volume of 4.6 million gallons per day. Plant capacity is 6.5 million gallons per day. Most of the collection system is a combined storm and sanitary system, with seventeen outfalls along the two rivers. Overflows occur periodically during heavy storms. The Ponderosa Fibres plant has its own water intake directly from the St. Lawrence. They treat their own wastes and discharge into the river. NYS DEC handled all permits when this plant reopened in 1984. An industrial pretreatment program was implemented in 1983 identifying three industries which did not meet city discharge limits: Bulldog Jordan (Newell Manufacturing); Standard Shade and Roller; and Universal Foods. The city now handles waste from Universal Foods (a dairy processing firm) and assesses a surcharge for treatment. The other two firms (plating operations) are now installing equipment to meet pretreatment standards. The city will issue permits when testing is complete and requirements are met. The systems are expected to be .operable in Spring, 1985. The transportation system serving the community includes a network of local, county, and state roads. NY Route 812 crosses the Ogdensburg-Prescott International Bridge connecting north to the main route to Ottawa, Canadian Highway 16 and south to NY Route 11. Other major New York inter-city highways serving Ogdensburg include NY Routes 37 and 68. NY Route 37 parallels the St. Lawrence River and connects Ogdensburg with the Village of Massena to the northeast and Watertown to the south. Route 68 runs east to the Village of Canton and NY Route 11. NY Route 37 skirts the southern part of the city. From Route 37, the main access routes to the central business district are Main Street from the west and Fort Street from the east. These streets funnel local traffic to the newly constructed twin bridges over the Oswegatchie River. This river, which flows through the western half of the city, is the only main interruption in the northeast-southwest rectangular grid pattern. Other major streets which provide access to the waterfront from Route 37 include Jefferson Avenue, New York Avenue, State Street, Paterson Street, Linden Street, and Champlain Street. The latter three, plus Ford Street serve the Port of Ogdensburg. Two railroad lines serve Ogdensburg. The OBPA owns the rail facilities which extend from the marine terminal to the junction with the main Conrail line in the Village of Norwood. The line provides freight service only. The St. Lawrence County IDA holds title to the rail line which runs from the Lighthouse Point/Ponderosa Plant area to DeKalb where it connects with Conrail. Due to the fact that Ponderosa does not need this rail line, it is currently for sale for scrap by the IDA. -55- The Ogdensburg Airport is a commercial airport served by scheduled certified air carriers. It has one paved runway 5,200 feet in length. Analysis: The city's water system has proved inadequate in the past causing summer water emergencies for the last several years. With the completion of the two projects previously described, the water system will be adequate to support foreseeable development throughout the city. With the exception of the combined storm and sanitary system, the sewer system is adequate to accommodate any foreseeable development in the coastal area. The city has an ongoing program to separate storm and sanitary lines as needed and as funding allows but due to financial constraints, there are no plans to install separate systems. The city should monitor the overflow situation closely and continue their ongoing program to separate storm and sanitary lines as needed and as funding allows but, due to financial constraints, there are no plans to install separate systems. The city should monitor the overflow situation closely and continue their ongoing progran to separate the lines. A 1969 NYS Department of Transportation thoroughfare system inventory found that over 75 percent of Ogdensburg's major and collector roads had pavement widths under twenty-six feet; i.e. capable of supporting only two-lane movements. This presents a constraint on port-related activities, particularly in light of the general decrease in use of rail facilities serving the port and the increased emphasis on truck transport. If Phase II and/or Phase III of the Ogdensburg Port Master Plan come to fruition, it may be necessary to rebuild Paterson Street or seek an alternative transportation route to the port. III. CURRENT LAND & WATER USES A. Current Land Uses Plate 9 indicates land and water uses on a detailed scale. Nine main categories of land uses are identified, along with several sub-divisions within the main categories. Land and water uses for the coastal area are described in broader terms below. The most predominant land use types are listed first, in descending order of occurrence. Public and Semi-Public. The largest share of the coastal area is occupied by public or semi-public entities at all levels of goverrunent. The Ogdensburg Bridge and Port Authority and the St. Lawrence Psychiatric Center are the two largest land owners in the city and most of their property lies within the coastal boundary. The OBPA land is utilized for several land and water use activities including rail, truck and water transport and light and heavy industry. Other large tracts of public land include the city's Greenbelt Park and Oswegatchie River shoreline holdings, and the sewage treatment plant. The St. Lawrence County Industrial Development Agency (IDA) currently holds title to most of Lighthouse Point, a prominent piece of land on the western side of the Oswegatchie River. -56- Residential. Residential land uses occupy a large portion of the coastal area, most predominantly in the Proctor Avenue area and along Washington and Ford Streets. Residential clusters occur on the west side of the Oswegatchie along Lake and Mill Streets, Main Street and Covington Street. Industrial. Several industrial uses are located within the coastal area and have previously been described. The largest grouping includes the Ponderosa Fibres and Standard Shade and Roller plants on the western side of town, plus the nearby Mobil Oil Corp. facilities. The Newell Manufacturing Plant on Paterson Street and the now vacant Augsbury Oil tank farm lie in the central section of the city. The light and heavy industrial parks, while classified as public due to their ownership by the OBPA, also contain industrial uses. Commercial. Commercial uses are concentrated at the Ogdensburg Mall and the Lake Street and Main Street areas. Several other scattered parcels contain commercial or mixed uses, most notably along Ford and State Streets. Forest/Forest Brushland. While most of the coastal area is developed, there are sections which contain forest and forest/brushland vegetative cover and small scattered wetlands. Lighthouse Point and the west bank of the Oswegatchie River contain excessive growth. On the east side of the city, heavy vegetative growth is evident on the Port Authority property just east of the grain elevator, at the St. Lawrence Psychiatric Center, and on trac 'ts of land north and south of Route 37 near the heavy industrial park. There are no agricultural land uses in the coastal area. -57- .oo 0 r Of Un 000, Of Of Of Lin / TS Of /Ts Of Of Of Un Un c C 0 -7@ Uu uo W, - Of Of 44. 0 f c T om 0 p f c U n V, - - - R Of 0 Un Rr-.. Rr .N r .000 R .01 Uu c r Or p -Px R Of t p Of p p -\\Of I@ P c Of --,Of xx 0 f U o Our Rr Up lp 'I C, R -40,Rr Rr u @i@ % r 0@ Ll J. c t I c UIL R o R I I .TER li rA 0 Akmy D-LJL-i R r p 00 0 GO k rL m Of p Of a p Or p ......... IT p P Of F, F,, p C. Un c p F b F Of Uu n p Fb Of Of Ow p Of p Of p Of p N Rr'. A Ih ur R r 01 0 R Pit Fn Of Of Rr Rr p n vF Hr Of 'of Of R Rr... . . . . . . . . . .Rr- rr y F p F IR, R'r F@ R '---L Fb Ft R r R Fy@ t b- lk p A FZ? A ? A B. Current Water Uses The Oswegatchie River and the Ogdensburg section of the St. Lawrence River support a number of water uses. Six principal categories of water uses are shown on Plate 9. They include fishing, boating, mooring and dockage in both rivers and navigational aids and submerged infrastructure in the St. Lawrence River. IV. IMPORTANT ECONOMIC ACTIVITIES The city's economic base is centered primarily in the manufacturing, health services, and retail sectors. The 1980 census figures for the Town of Oswegatchie indicate that 20.4 percent of employed persons over the age of sixteen were employed in the manufacture of durable and nondurable goods. Large manufactures located in the coastal area were listed previously. Of the town's employed persons, 19.9 percent work in the health industy, represented mainly by employees at the Psychiatric Center and the city hospital. The retail sector comprised 14.4 percent of the town's total employment, while education accounted for 11 percent and agriculture, forest, fish and mining jobs represented 9.8 percent. The educational employment consists of not only public and parochial schools, but also Mater Dei College and Wadhams Hall College. Private sector employment in the town represented almost 60 percent of all employment, while 13 percent of all workers were self- employed. With over 1,000 employees at the Psychiatric Center, State government employees represented nearly 17 percent of the total employment sector, while 7.6 percent were attributable to local government. With nearly 25 percent of all employment in State or local government, security of these employers is essential to the city's economic base. This percentage is composed of employees from the St. Lawrence Psychiatric Center, Ogdensburg Correctional Facility, Ogdensburg Bridge and Port Authority and the city government. The city operates the Ogdensburg Growth Fund Development Corporation to provide low interest loans for small businesses to start up$ expand, renovate or buy new equipment. The Growth Fund is a local development corporation set up by the city with repayments made on Urban Development Action Grant (UDAG) loans. Generally, the funds will put up $1.00 for every $2.50 in private funds. Currently the Ogdensburg Growth Fund totals nearly $375,000. The city has also actively pursued outside grant sources to supplement its general revenues. Several Community Development Block Grants and Urban Development Action Grants have been received and used for a variety of programs including housing rehabilitation, water and sewer improvements, and downtown capital improvements. Since 1975, the Ogdensburg Bridge and Port Authority and the city government have conducted a marketing campaign to acquire tenants for Commerce Park. To date, the park has six buildings, and five Canadian tenants. Designation as a foreign trade zone should help entice additional firms to the Ogdensburg area. -63- Special community events also contribute to the area economy and serve not only residents but tourists as well. Annual events such as the Seaway Festival, Octoberfest, Ogdensburg Expo., and Winterfest attract hundreds of people for several days of the year. Other events such as fishing derbies, Remington Museum exhibits, and other community activities contribute to municipal revenues. V. SIGNIFICANT COASTAL RESOURCES & CONDITIONS A. Deteriorated and Underutilized Waterfront Areas The inventory of Ogdensburg's coastal area revealed several underutilized, abandoned, and deteriorated land and water resources. A decrease in industrial and commercial activity, coupled with fewer employment opportunities and a 30 percent decline in population since 1960, have contributed to. the current coastal land use conditions, making this a significant coastal issue. Initial analysis indicates the following deteriorated and/or underutilized areas within the coastal boundary (described from east to west). These areas are mapped on Plate 10. Areas not described below as deteriorated and/or underutilized were considered to have stable land use conditions. 1. Former Augsbury Corporation oil tank farm: The Augsbury Corporation operated a petroleum dock and oil tank farm at this site until late 1982 when they filed for protection under Chapter 11 of the federal bankruptcy laws. The oil tanks have been removed and the property is currently in the process of being sold to new owners. The Ogdensburg Bridge and Port Authority has expressed a concern that future use of this parcel not preclude potential port-related uses. They have requested the property retain its current Comm.ercial/Industrial zoning classification. 2. Waterfront parcel east of Morissette Park between Caroline and Franklin Street (former Randall property): The city recently purchased this parcel and cleared and cleaned up the lot with funding partially provided through NYS Division of Housing and Community Renewal. The property has been divided into two lots. The waterfront "half" has been designated as "parkland" and will remain in city ownership in accord with funding stipulations. Further improvements for public recreational use would tie this parcel in with Morissette Park. The city intends to sell the inland lot, containing approximately 28,000 sq. feet., for possible residential or commercial development. 3. Vacant downtown block at Riverside Avenue, Isabella and Washington Streets (Shurtleff block): This 2.6 acre block is the only vacant urban renewal parcel remaining the downtown business area. While there are no development prospects for this lot at this time, the site, now maintained as a green space, is available for commercial development. 4. East bank of Oswegatchie River from twin bridges south to Ogdensburg dam: Owned by the city, the riverfront immediately below the twin bridges was improved for recreational use at the time the -64- bridges were constructed. The area between Green Street and the dam is currently used as a recreational area. The natural beauty of this area lends itself to recreational opportunities such as scenic pathways for jogging, bicycling, walking and fishing, but due to a steep riverbank and man-made obstruction, public access is limited. Improvements td the existing stairway and construction of a paved pathway near the Lake Street bridge will greatly enhance public access to this recreational site. 5. West bank of Oswegatchie River from the arterial south to the Spring Street bridge, bounded by Lake Street, Main Street and the Oswegatchie River- This large land area contains a mixture of land uses and conditions including residential areas, a marina and what was formerly the commercial hub of the western section of the city. This area was severely impacted by the construction of the new arterial and the closure of the Lake Street bridge to vehicular traffic. Closure of the Rensselaer Avenue Bridge due to structural problems has further constricted the flow of traffic in this area. As a result of these actions and past neglect of residential housing stock in this area, this section contains the largest concentration of deteriorated and underutilized land uses in the city. Several opportunities exist in this area for public and private development including recreational use of the river shoreline in a manner similar to the east bank., reuse of abandoned commercial structures for both commercial and residential uses, rehabilitation of residential buildings, and renovation of the Lake Street Bridge and environs to create an aesthetically pleasing, pedestrian recreational area. 6. Lake Street Bridge: Formerly the main vehicular bridge over the Oswegatchie River, the Lake Street Bridge is now closed to traffic but provides a major pedestrian route to the Ogdensburg Mall and business district. The bridge is unsightly and unnecessarily -large for pedestrian use but the expense of relocating the utility lines crossing the bridge precludes its removal. Additional streetscape improvements including benches, landscaping, and lighting will help soften the bridge's visual impact and create a linkage between the existing (east) and proposed (west) shoreline pathways. 7. Crescent Street water works and Ogdensburg dam: The former Crescent Street water works facility has been abandoned for a number of years. The Ogdensburg dam, dating from 1910, is a potential source of hydroelectric power and the city is currently studying this possibility. Now used as a popular fishing spot, the reuse of this facility should be coordinated with the design and development of recreational facilities along the banks of the Oswegatchie River. 8. Lighthouse Point: Lighthouse Point covers approximately thirty-eight acres of waterfront property at the confluence of the St. Lawrence and Oswegatchie Rivers. The St. Lawrence County Industrial Development Agency (IDA) owns the majority of the point with three private landowners holding the balance. The IDA land, including a vacant railroad depot and the site of Fort LaPresentation, is #-65- currently for sale for approximately $250,000 - $300,000. The recreational, scenic and historic resources present at this site provide several challenges and development opportunities for the city. The city is currently participating in a feasibility study to assess the possibility of constructing a St. Lawrence River aquarium at this site. 9. Mobil Tank Farm: Located adjacent to Lighthouse Point, this tank farm has been underutilized for the last several years. Most recently the oil tanks have been removed and the parcel is currently for sale. B. Water Dependent Due to topography, urban renewal clearance and existing recreational open space along the waterfront, the city has a rather flopen" feeling along certain sections of its shoreline. However, there is a finite amount of waterfront space suitable for development purposes and certain areas are more suitable for water dependent and water enhanced uses than others. The LWRP will identify these areas and put forth mechanisms to encourage and regulate such uses in these areas. Preliminary analysis indicates the following locations are best suited for expansion or new development of these uses. All areas listed below are proposed as water dependent, except where water enhanced uses are noted (see Plates 11a and b). - Port of Ogdensburg: Port facilities; water,, rail and truck transport. - Former Augsbury Corporation oil tank farm. Due to the fact that this parcel is currently in the process of being sold to new owners under bankruptcy proceedings, definite selection of a proposed use or water dependent designation is difficult. However, because of the parcel's prime waterfront location, strong consideration for water dependent and, at the least, water enhanced use(s) should be given. - Randall property shoreline parcel: Recreational use. Inland parcel: water enhanced use. - East bank of Oswegatchie River. Recreational use. - Ogdensburg dam. Redevelopment and generation of hydroelectric power. - West bank of Oswegatchie River. The section adjacent to the Ogdensburg dam should be reserved for water dependent uses, in light of the proposed redevelopment of the dam for hydroelectric power. The riverbank, from the dam area to the Lake Street Bridge including the existing marina, should be developed, in concert with the proposed hydroelectric project, for water dependent recreational uses. The remainder of this area is a mix of commercial and residential uses and is not designated for water dependent or water enhanced uses. - Lighthouse Point. Commercial and recreational use(s). -66- Mobil Tank Farm: The oil tanks have recently been removed and the parcel is for sale. Like the former Augsbury Corporation oil tank farm, the Mobil tank farm property has a prime waterfront location, and strong consideration for water dependent and, at least water enhanced use(s) should be given. Ponderosa Fibres Plant: Industrial use. C. Inventory and Analysis Summary Through the the inventory and analysis of Ogdensburg's coastal area six coastal resources and issues were selected as most significant to the city: development, fish and wildlife, public access, recreational, scenic quality, and water resources. Within these categories, several development constraints and other areas of concern were identified. Several of these development constraints are mapped on Plates 10, 11, and 12. Ogdensburg's coastal area contains a mix of industrial, commercial and residential land uses. The city's industrial heritage, while suffering from two decades of decline, has stabilized, and recent efforts to attract and keep industrial firms have succeeded. The Port of Ogdensburg is currently in the first phase of a large capital construction project and expectations for future use and development of the port are optimistic. Compatibility of these uses and activities with the coastal area's commercial, residential and recreational uses is a major concern. With almost one quarter of the shoreline in public ownership, significant opportunities exist for waterfront enhancement and public access. The city must balance the industrial and port activities with the need for public access and recreation and protection of scenic, historic, and fish and wildlife resources. -67- cle ca 44 @4 10 Cd 4-3 4-J 0 N CD En ca p 0 4-3 w co f., 2 @: 0 V. r4 0 -0 A 51 r-4 r. 4-J I R r4 (1) CL, :j 0 Cd 0 CIS LU Cd ;j u 0 p bj) 14 0 0 a) z v) 4J pq .`-4 p r C:) M 4J t4 > > ., al 10 t; . .,I ca C) -r4 -A r4 4j V4 (1) o P4 04 M 910 @4 LLJ w 0 Pr-4 C:@ P4 4-j CD E-1 @z (a i<3- ri) 0,0 W W 4J Cd -rA (1) @4 -H -r4 0) tO Q)P 10 1 cf) co p I M @? P.,44 Q) w0 4-3 ri) u w 4-1 Q U @4 LL PL4 > -::V. rA a) r-4 Q) 4J 4J 4J Q 0 ca > Ca 4J r:3 r-4 r4 CO M M EQ -r,' 0 (1) p w 4-) bo bz g 41 r-4 1:14 Cd Id p 4) w (D a) 4 -r4 0 0 P 4-1 @ :J .rq w 0 X: w In cu bo-H 0 w rT4 U) 0 0 9 0 1-4 9"-4 41 lc@ cl@ Elr@ 1@ r@ lo@ c@ SIMI I z E01 IRE qSjLI f P, AN, Imit' Alt -S' ;E"..Um Pal, moo "mt Simi .LEI TP to rA -;iz, A' two W-! AI,I ,Alto A. GM, ak .6 N Po' 10 ]OADE, A BANT L .. ........ LAW E IN n Av'"- 4k i Ve, C; ( lo, .0010 ooo-@ "o, LA 14_4ee .0 -011 ,00@ Fit 00, ie 'Se eo a#- 3TA 6a sp@ @ U@LAJ L-,J--, IT Fl J00 I c L 37 lool .ool lool /1 .01 LI 0 n-- PUMP .000 3 TAT %0 PS CMIATA-C Vv C3 ",get w C----t Act s full Ut k 3;1 A -4k 0 1 -4, 16 'ja _4, z mw mr mg "W -A4- ow@'v IL oo o@ ..o* .00 .00@ .000-@ .1e 0 "RE sr 10 PU y A NUf sl. -L.cE c"Ill" E10- . @H H L TER IqA AM gO IN k -,rRLf I ts /I Ile .000, 1000, 1/ CH) TA- STATt" ST LAWO(MCE PlYCHIATRIC Ct"'Ift -U4 --U4- C3 Ge com-i act zo. L 10 -lik A ra 0 LL" 0 00, S)3(), w .N..M.umm .. mmo@ FOOTNOTES (SECTION TWO) FN I - Class A waters are suitable as a source of water supply for drinking, culinary or food processing purposes and any other usages with treatment. Class B waters are suitable for primary contact recreation and any other uses except as a source of water supply for drinking, culinary or food processing purposes. Class C waters are suitable for fishing and all other uses except as a source of water supply for drinking, culinary or food processing purposes and primary contact recreation. Class D waters are suitable for secondary contact recreation, but due to such natural conditions as intermittence of flow, water conditions not conducive to propagation of game fish, or streambed conditions, the waters will not support the propagation of fish. -79- .0 SECTION THREE WATERFRONT REVITALIZATION PROGRAM POLICIES 0 0 State Coastal Policies Applicable to the Page Local Waterfront Area and Additional LWRP Policies DEVELOPMENT POLICIES Policies 1, 1A-B Waterfront Revitalization 85 Policy 2 Water-Dependent Uses 88 Policy 3 Major Ports 92 Policy 5 Concentration of Development 94 Policy 6 Permit Procedures 96 FISH AND WILDLIFE POLICIES Policy 7A Significant Fish and Wildlife 96 Policy 8 Pollution of Fish and Wildlife Resources 98 Policy 9 Recreational Use of Fish and Wildlife Resources 99 FLOODING AND EROSION POLICIES Policy 11 Siting of Structures 100 Policy 12 Natural Protective Features 101 Policy 13 Erosion Protection Structures (EPS) 101 Policy 14 Effects of Major Activities 102 Policy 16 Public Funding of Shoreline Subject to Wave Action and Ice Movement 102 Policy 17 Use of Non-Structural Measures 103 GENERAL POLICY Policy 18 Consideration of Vital Interests 104 PUBLIC ACCESS POLICIES Policy 19, 19A Access to Public Recreation Resources 104 Policy 20 Access to Public Lands 106 RECREATION POLICIES Policies 21, 21A Water-Related Recreation 107 Policies 22, 22A Recreation as Multiple Use 108 HISTORIC AND SCENIC RESOURCES POLICIES Policy 23 Historic Resources 109 Policies 25, 25A Visual Quality 112 ENERGY AND ICE MANAGEMENT POLICIES Policy 27, 27A Siting of Major Energy Facilities* 113 Policy 28 Ice Management 114 Policy 29 Off-Shore Energy Development* 114 -83- State Coastal Policies Applicable to the Local Waterfront Area and Additional LWRP Policies WATER AND AIR RESOURCES POLICIES Page Policy 30 Water Pollution 115 Policy 31 Water Quality Classifications 115 Policy 33 Stormwater Runoff and Sewer Overflows 116 Policy 34 Vessel Wastes 117 Policy 35 Dredging and Dredge Spoil Disposal 117 Policy 36 Hazardous Wastes Transport and Storage 118 Policy 37 Non-Point Source Water Pollution 118 Policy 38 Surface and Ground Water Protection 120 Policy 39 Solid Wastes Transport and Storage 120 Policy 40 Major Energy and Industrial Facilities 121 Policy 41 Air Quality Standards 121 Policy 42 PSD Land Area Reclassifications* 121 Policy 43 Acid Rain* 121 Policy 44 Wetlands Protection 121 State Coastal Policies Not Applicable to the Local Waterfront Area The following State Coastal Policies have been determined to be not applicable to the local waterfront area of the City of Ogdensburg: Policy 4 Small Harbors 93 Policy 7 Significant Fish and Wildlife Habitats of Statewide Significance 96 Policy 10 Commercial Fishing 100 Policy 15 Mining, Excavation and Dredging 102 Policy 24 Scenic Resources of Statewide Significance 112 Policy 26 Agricultural Lands Preservation 113 Policy 32 Alternative Sanitary Waste Systems 116 Federal agencies should refer to the State Coastal Management Program and Final Environmental Impact Statement or Appendix E of this document for the text of this policy. -84- SECTION THREE WATERFRONT REVITALIZATION PROGRAM POLICIES DEVELOPMENT POLICIES: POLICY 1 RESTORE, REVITALIZE, AND REDEVELOP DETERIORATED AND UN'DERUTILIZED WATERFRONT AREAS FOR COMMERCIAL, INDUS- TRIAL, CULTURAL, RECREATIONAL AND OTHER COMPATIBLE USES. POLICY 1A RESTORE, REVITALIZE ANT REDEVELOP CITY-OWNED SITES FOR THE FOLLOWING USES: a. Former Randall property: public recreational use (shoreline parcel) and sale for commercial or residential development (inland parcel). b. Shurtleff Block: short term; public recreation space. Long-term; commercial development with consideration given to public recreation space as a multiple use if warranted by demand. C. East bank of Oswegatchie River from Twin Bridges south to Ogdensburg Dam: continued improvements to public access and recreational facilities such as scenic pathways for Jogging, bicycling, walking and. fishing access. d. Lake Street Bridge: streetscape and visual improvements to enhance linkage between riverbanks and recreational opportunities. e. Ogdensburg Dam and Crescent Street waterworks: redevelopment of the dam for hydroelectric power generation and compatible recreational facilities; adaptive reuse of waterworks building with the dam project if feasible. POLICY 1B PROMOTE THE RESTORATION, REVITALIZATION AND REDEVELOP- MENT OF THE FOLLOWING SITES THROUGH ENCOURAGEMENT AND SUPPORT OF PRIVATE OR JOINT PUBLIC AND PRIVATE SECTOR PROJECTS FOR THE FOLLOWING USES: a. Former Augsbury Corporation oil tank farm: commercial and/or recreational use with consideration given to public recreational access as a multiple use. b. West bank of Oswegatchie River bounded by Lake Street, Main Street and the Oswegatchie River: Ogdensburg Dam area; utilities/electric generation use. Shoreline adjacent to dam area north to and including -85- the Lake Street Bridge; public recreational use. Remainder of area; mix of commercial and residential uses. C. Lighthouse Point: Existing residential uses and public recreational/commercial uses. d. Mobil Tank Farm: Re-use as water-dependent industrial use. Explanation of Policies All government agencies must ensure that their actions further the revitalization of the waterfront areas with the City of Ogdensburg. The transfer and purchase of property; the construction of new buildings, roads or parks; and the provision of tax and other incentives to businesses are examples of governnental means for spurring waterfront revitalization. When any such action, or similar action is proposed, it must be anal .yzed to determine if the action would contribute to or adversely affect the city's waterfront Tevitalizat ion ef f orts. Such ef f orts' must be recognized as the most effective means of encouraging economic growth in the communitv, without consuming valuable open space outside of these waterfront areas. Uses requiring a location on the shoreline must be given priority in any development effort. Revitalization efforts must conform to the other policies of this program for the protection and beneficial use of significant coastal resources in Ogdensburg's waterfront. Ogdensburg's coastal area contains a mix of industrial, commercial and residential land uses. The list of nine deteriorated and underutilized waterfront areas reflect this diversity. In order to stimulate economic growth in the coastal area, the city will encourage the reinvestment of capital in a broad range of projects with emphasis on the revitalization and redevelopment of the nine areas cited (see also Inventory and Analysis, pp. 64-66). The city will promote those projects and activities which support or enhance existing development and revitalization objectives. The city is committed to promoting the revitalization and beneficial use of these areas in a manner sensitive to other coastal policies including port development (Policy 3); fish and wildlife habitats (Policies 7 through 9); public access and recreation (Policies 19 through 23); scenic quality (Policy 25); and water quality (Policies 35 and 36). When a federal, State or local government action is proposed to take place in an urban waterfront area regarded as suitable for development or redevelopment the following guidelines will be used: a. Priority should be given to uses which are dependent on a location adjacent to the water; -86- b The action should enhance existing and anticipated uses. For example, a new highway should be designed and constructed so as to serve the potential access needs for desirable industrial development; C. The action should serve as a catalyst to private investment in the area; d. The action should improve the deteriorated condition of a site and, at a minimum, must not cause further deterioration. For example, a building should not be abandoned without protecting it against vandalism and structural decline; e. The action must lead to development which is compatible with the character of the area as required by the zoning law, with consideration given to scale, architectural style, density, and intensity of use; f. 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 industrial needs would be inappropriate in an area where no increased industrial demands were expected and existing development was already meeting demand; g. The action should improve adjacent and upland views of the water, and, at a minimum, must not affect these views in an insensitive manner; and h. The ac tion should improve the potential for multiple uses of the site. If a State, federal or local government action is proposed to take place outside of a given deteriorated, underutilized waterfront area suitable for redevelopment, and is either within the relevant community or adjacent coastal communities, the agency proposing the action must first determine if it is feasible to take the action within the deteriorated, underutilized waterfront area in question. 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 further deterioration of that area. Cross references to other LWRP sections for areas described in Policies 1A and 1B are as follows: 1. A. a. (pp. 64,89,90,91,127,152,158,160,161) b. (pp. 64) c. (pp. 64,65,89,90,128,152,158,160,161) d. (pp. 65,89-90,129,152,159,160,161) e. (pp. 65,89,90,129,154,159,160,161) I.B. a. (pp. 64,89,90,125,151,154,160,161) b. (pp. 65,89,90,128,152,160,161) C. (pp. 65,90,129,130,153,154,160,161) d. (pp. 66,160,161) -87- POLICY 2 - FACILITATE THE SITING OF WATER-DEPENDENT USES AND FACILITIES ON OR ADJACENT TO COASTAL WATERS. Explanation of Policy There is a finite amount of waterfront space suitable for development purposes. Although demand for a specific piece of property will vary with economic and social conditions on both a city-wide and State-wide basis, long-term expectations are for increased demand for waterfront property. The traditional method of land allocation, i.e., the real estate market, with or without local land use controls, offers little assurance that uses which require waterfront sites will, in fact, have access to coastal waters. To ensure that such "water-dependent" uses can continue to be accommodated within the city, government agencies will avoid undertaking, funding, or approving non-water-dependent uses when such uses would preempt the reasonably foreseeable development of water-dependent uses; furthermore, government agencies will utilize appropriate existing programs to encourage water-dependent activities. 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); 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- and long-term storage facilities); 4. Structures needed for navigational purpo ses (for example: dams and lighthouses); 5. Flood and erosion protection structures (for example: breakwaters and 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); 8. Scientific /educational activities which, by their nature, require access to coastal waters (for example: natural resource nature centers); and 9. 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 -88- facilities). Though these uses must be near the given water-dependent uses, they should, as much as possible, be sited inland from the water-dependent use rather than on the shore. 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 profitability 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 (e.g., parks, restaurants, hotels and other tourist accommodations). If there is no immediate demand for a water-dependent use in a given area, but a future demand is reasonably foreseeable, temporary non-water-dependent uses would be considered preferable to a non-water-dependent use which involves irreversible, or nearly irreversible commitment of land. Parking lots, passive recreational facilities, outdoor storage areas, and non-permanent structures are uses of facilities which would likely be considered as "temporary," non-water-dependent uses. The city will facilitate the location and expansion of water-dependent uses in its waterfront with particular emphasis on those which will contribute to local revitalization efforts and port, industrial and recreational development. The city has designated the following locations as those best suited for water-dependent or water-enhanced uses: - Port of Ogdensburg: port facilities; water, rail and truck transport. - Former Augsbury Corporation oil tank farm. This parcel is in the process of being sold to new owners under bankruptcy proceedings. Because other parcel's prime waterfront location, strong consideration for water-dependent and, at the least, water-enhanced use(s) should be given. Further study is needed to determine the best use of this parcel. - Randall property shoreline parcel: Recreational use. Inland parcel: water-enhanced use. - East bank of Oswegatchie River. Recreational use. - Ogdensburg Dam. Redevelopment and generation of hydroelectric power. - West bank of Oswegatchie River. The section adjacent to the Ogdensburg Dam should be reserved for water-dependent uses, in light of the proposed redevelopment of the dam for hydroelectric power. The riverbank, f rom the dam area to the Lake Street Bridge including the existing marina, should be developed, in concert with the proposed hydroelectric project, for water-dependent recreational uses. The remainder of this area is a mix of commercial and residential uses and is not designated for water-dependent or water-enhanced uses. -89- - Lighthouse Point. Commercial and recreational use(s). - Mobil Tank Farm. The oil tanks have recently been removed and the parcel is for sale. Like the former Augsbury Corporation oil tank farm, the Mobil tank farm property has a prime waterfront location, and strong consideration for water dependent and, at least, water enhanced use(s) should be given. - Ponderosa Fibres Plant. Industrial use; dependent on water intake and outflow for plant operation. 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 such as: the availability of public sewer and water services; ability to accommodate parking and necessary storage; and the accessibility of the site via existing streets. 3. Access to navigational channels -- if commercial shipping or recreational boating are planned, the city should consider 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 fron, the surrounding community. Consideration should also be given to such factors as the protection of nearby residential areas from odors, noise and traffic. Affirmative approaches should also be employed so that water-dependent uses and adjacent uses can serve to complement one another. For example, a recreation-oriented water-dependent use area could be sited in an area already oriented towards tourism. Clearly, a marina, fishing pier or swimming area would enhance, and in turn be enhanced by, nearby restaurants, motels and other non-water-oriented tourists activities. Water-dependent uses _90- must also be sited so as to avoid adverse impacts on the significant coastal resources. 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 will be used to promote the site. Nowhere is such a stimulus needed more than in those portions of the city's waterfront areas which are currently underutilized. 6. Providing for expansion -- a primary objective of the policy is to create a process by which water-dependent uses can be accommodated well into the future. State agencies and the city should therefore give consideration to long-term space needs and, where practicable, accommodate future demand by identifying more land than is needed in the near future. In promoting water-dependent uses, the following kinds of actions should be considered: Favored treatment to water-dependent use areas with respect to capital programming. Particular priority should be given to the construction and maintenance of port facilities, roads, railroad facilities, parking areas, and storage areas suitable for water-dependent uses. When areas suitable for water-dependent uses are publicly owned, favored leasing arrangements should be given to water- dependent uses. Where possible, consideration should be given to providing water-dependent uses with property tax abatements, loan guarantees, or loans at or below market rates. State and city planning and economic development agencies should actively promote water-dependent uses. In addition, a list of sites available for non-water-dependent uses should be maintained in order to assist developers seeking alternative sites for their proposed projects. Local, State and federal agencies should work together to streamline permitting procedures that may be burdensome to water-dependent uses. This effort should begin for specific uses in deteriorated and underutilized areas. Local land use controls should be considered as a tool of local government for assuring adequate space for the development of water-dependent uses and the protection of sensitive areas. 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 AREAS 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. Explanation of Policy The Port of Ogdensburg is designated as one of five major ports in New York State. As such, it is a vital component of not only the city's but the State's economic well being. The aim of this policy is to support port development and activities in the @City of Ogdensburg. Three other development policies, discussed in this Section, also have significant implications for port development, namely: water dependency (Policy 2); concentration of development (Policy 5); and the expediting of permit reviews (Policy 6). In implementing this policy, State, federal and local agencies will recognize that jurisdiction of this policy extends over the Ogdensburg Bridge and Port Authority (OBPA) marine terminal facilities as illustrated on Plate 5, as well as any future expansions or improvements to such facilities. If an action is proposed for a site within or abutting the port, or if there is a reasonable expectation that a proposed action elsewhere would have an impact on the port, then the following guidelines shall be used in determining' consistency: 1. In assessing proposed projects within or abutting the port, given that all other applicable policies are adhered to, consideration shall be given to the maintenance and enhancement of port activity, i.e. development related to waterborne transportation. 2. Dredging to maintain the economic viability of the port will be regarded as an action of regional or statewide public benefit if: a clear need is shown for maintaining or improving the established alignment, width, and depth of existing channels or for new channels essential to port activity; and, it can be demonstrated that environmental impacts would be at acceptable levels according to State regulations governing the activity. 3. Landfill projects in the nearshore areas will be regarded as an acceptable activity within major port areas, provided adverse environmental impacts are acceptable under all applicable environmental regulation and a strong economic justification is demonstrated. 4. If non-port related activities are proposed to be located in or near to the port, these uses shall be sited so as not to interfere with normal port operations. -92- 5. When not already restricted by existing laws or covenants, and when there is no other overriding regional or statewide public benefit for doing otherwise, surplus public land or facilities within or adjacent to the port shall be offered for sale, in the first instance, to the Port Authority. 6. In the programming of capital projects for the port area, highest priority will be given to projects that promote the development and use of the port. However, in determining such priorities, consideration must also be given to non-port related interests within or near the port that have demonstrated critical capital programming needs. 7. No buildings, piers, wharves, or vessels shall be abandoned or otherwise left unused by a public agency or sold without making provisions for their maintenance in sound condition or for their demolition or removal. 8. Proposals for the development of new major ports will be assessed in terms of the anticipated impact on: a) existing New York State major ports including Ogdensburg; b) existing modes of transportation; and c) the surrounding land uses and overall neighborhood character of the area in which the proposed port is to be located; d) and other valued coastal resources. 9. Port development shall provide opportunities for public access insofar as these opportunities do not interfere with the day-to-day operations of the port and the Port Authority and its tenants do not incur unreasonable costs. The Ogdensburg Port Master Plan and Development Study (1984) sets forth a ten-year, three-phase development program for the Port of Ogdensburg. Phase one of this plan is now underway (see pages 29-32 and 41-47). Future development and improvements at the port shall be in accordance with this Master Plan. The City of Ogdensburg shall work with the Port Authority in furthering port development plans and activities and, given that all other applicable policies are adhered to, will give top consideration to such development The Port Authority shall, in turn, abide by all applic;ble coastal policies in carrying out port development programs and activities. The constraints of intra-city port transportation routes will be considered in any future Port of Ogdensburg development. The Port Authority and the city shall continue to maintain open communication and cooperation on port-related plans and projects. POLICY 4 - NOT APPLICABLE -93- 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 NECESSITATES ITS LOCA- TION IN OTHER COASTAL AREAS. Explanation of Policy Through governmental actions, development in the waterfront area will be encouraged to locate within 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. This policy is intendpd to accomplish the following: strengthen existing residential, industrial, and commercial centers; foster an orderly pattern of growth; increase the efficiency of existing public services and moderate the need to provide new public services in outlying areas; preserve open space in sufficient amounts; and where desirable, foster energy conservation by encouraging proximity between home, work and leisure activities. In assessing the adequacy of an area's infrastructure and public services, the following points shall be considered: a. Streets and highways serving the proposed site can safely accommodate the peak traffic generated by the proposed land development; b. Development's water needs (consumptive and fire fighting) can be met by the existing water supply system; c. Sewage disposal system can accommodate the wastes generated by the development; d. Energy needs of the proposed land development can be accommodated by existing utility systems; e. Stormwater runoff from the proposed site can be accommodated by on-site and/or off-site facilities; and f. 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. -94- It is recognized that certain forms of development may and/or should occur at locations which are not within or near areas of concentrated development. Thus, this coastal development policy does not apply to the following types of development projects and activities: 1. Economic activities which depend upon sites at or near locations where natural resources are present, e.g., lumber industry, quarries. 2. Development which by its nature is enhanced by a non-urbanized setting, e.g... a resort complex, campgrounds, second home development. 3. Development which is designed to be a self-contained activity, e.g., a small college, an academic or religious retreat. 4. Water-dependent uses with site requirements not compatible with this policy or when alternative sites are not available. 5. Development which because of its isolated location and small-scale has little or no potential to generate and/or encourage further land development. 6. Uses and/or activities which because of public safety consideration should be located away from populous areas. 7. Re habilitation or restoration of existing structures and facilities. 8. Development projects which are essential to the construction and/or operation of the above uses and activities. In certain areas where development is encouraged by these policies, the condition of existing public water and sewage infrastructure and other services may necessitate improvements. Those State and federal agencies charged with allocating funds for investments in public services and water and sewer facilities should give high priority to the needs of such areas so that full advantage may be taken of the rich array of their other infrastructure components in promoting waterfront revitalization. Water, sewer and power are adequate for most foreseeable development in the Ogdensburg coastal area (see pp. 54-56). Vehicular and pedestrian access and parking facilities for future development, in particular for those areas cited in Policies 1, 2, and 3, will be assessed on a case-by-case basis in accordance with Ogdensburg site development plan specifications (Article IV, section 30.44). Future Port of Ogdensburg development will consider constraints on increased traffic flow on port transportation routes. -*95- POLICY 6 - EXPEDITE PERMIT PROCEDURES IN ORDER TO FACILITATE THE SITING OF DEVELOPMENT ACTIVITIES AT SUITABLE LOCATIONS. Explanation of Policy For specific types of development activities and in areas suitable for such development, the city will make every reasonable effort to coordinate and expedite local permit procedures and regulatory activities as long as the integrity of the regulatory objectives is not jeopardized. Nevertheless, the city's efforts in expediting permit procedures are part of a much larger system for regulating development, which also includes county, State and federal government agencies. Regulatory programs and procedures should be coordinated and synchronized between all levels of government and, if necessary, legislative programmatic changes will be recommended from the local level. FISH AND WILDLIFE POLICIES POLICY 7 NOT APPLICABLE POLICY 7A THE ST. LAWRENCE AND OS14EGATCHIE RIVERS AND TIBBITS CREEK CONTAIN LOCALLY SIGNIFICANT FISH AND WILDLIFE HABITATS (see Plates 3a & b). THESE AREAS WILL BE PROTECTED AND PRESERVED TO MAINTAIN THEIR VIABILITY AND VALUE TO THE CITY. Explanation of Policy Habitat protection is recognized as fundamental to assuring the survival of the fish and wildlife populations. Certain habitats are particularly 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 very low frequency within a coastal region; (4) support fish and wildlife populations having significant commercial or recreational value; and (5) would be difficult or impossible to replace. The St. Lawrence and Oswegatchie Rivers, as well as Tibbits Creek meet the fourth and fifth criteria (refer to Inventory and Analysis, pp. 15-19) and therefore merit special protection. The NYS Department of Environmental Conservation has indicated that no fish and wildlife habitats of statewide significance exist in the coastal area. However the Oswegatchie and St. Lawrence Rivers and Tibbits Creek contain locally significant fish and wildlife habitats. The large diversity of fish species in these water bodies provide an important recreational fishery (see pp. 15-19, Plates 3a & b, and Appendix A). -96- In order to protect these habitats, development shall not be undertaken if it may destroy or significantly impair the viability of these areas as a habitat. Particular care must be taken during the critical spawning period of March 15th - July 15th in those spawning areas cited on pages 15-19. Indicators of a significantly impaired habitat include: reduced carrying capacity, changes in food chain relationships of species diversity, reduced productivity, and/or increased incidence of disease and mortality. The range of activities most likely to affect these significant fish and wildlife habitats includes but is not limited to the following: 1. Draining wetlands, ponds: Causes changes in vegetation, or changes in groundwater and surface water hydrology. 2. Filling wetlands, shallow areas of streams, lakes, bays, estuaries: May change physical character of substrate (e.g., sandy to muddy, or smother vegetation, alter surface water hydrology). 3. Grading land: Results in vegetation removal, increased surface runoff, or increased soil erosion and downstream sedimentation. 4. Clear cutting: May cause loss of vegetative cover, increase fluctuations in amount of surface runoff, or increase streambed scouring, soil erosion, sediment deposition. 5. Dredging or excavation: May cause change in substrate composition, possible release of contaminants otherwise stored in sediments, removal of aquatic vegetation, or change circulation patterns and sediment transport mechanism. 6. Dredge spoil disposal: May include shoaling of littoral areas, or change circulation patterns. 7. Physical alteration of shore areas through channelization or construction of shore structures: May change volume and rate of flow or increased scouring, sedimentation. 8. Introduction, storage or disposal of pollutants such as chemical, petrochemical, solid wastes, nuclear wastes, toxic material, pesticide, sewage effluent, urban and rural runoff, leachate or hazardous and toxic substances stored in landfills: May cause increased mortality or sublethal effects on organisms, alter their reproductive capabilities, or reduce their value a food organisms. 9. Introduction of new species or large quantities of any species: May change the established balance within the biota. -97- The range of physical, biological and chemical parameters which should be considered include but are not limited to the f ollowing: Physical parameters such as: Living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (loss of littoral zone) , morphology, substrate type, vegetation, structure, erosion and sedimentation rates. Biological parameters such as: Community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, behavioral patterns, and migratory patterns. Chemical parameters such as: Dissolved oxygen, carbon dioxide, Ph, dissolved solids, nutrients, organics, salinity, pollutants (heavy metals, toxic and hazardous materials). When a proposed action is likely to alter any of the biological, physical or chemical parameters as described in the narrative beyond the tolerance range of the organisms occupying the habitat, the viability of that habitat has been significantly impaired or destroyed. Such action, therefore, would be inconsistent with the above policy. 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 EFFECTS ON THOSE RESOURCES. Explanation of Policy Hazardous wastes are unwanted byproducts of manufacturing processes generally characterized as being flammable, corrosive, reactive, or toxic. More specifically, hazardous waste is defined in Environmental Conservation Law � 27-0901.3 as follows: "Hazardous waste means a 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 illness; or (2) post a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or otherwise managed." A list of hazardous wastes has been adopted by DEC (6 NYCRR Part 371). The handling (storage, transport, treatment and disposal) of the materials included on this list is being strictly regulated in New York State to prevent their entry or introduction into the -98- environment. Such controls should effectively minimize possible contamination of and bioaccumulation in the State's coastal fish and wildlife resources at levels that cause mortality or create physiological and behavioral disorders. Other pollutants are those conventional wastes, generated from point and non-point sources, and not identified as hazardous wastes but controlled through other State laws. 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 WILDLIFE RESOURCES AND CONSIDERS OTHER ACTIVITIES DEPENDENT ON THEM. Explanation of Policy Recreational uses of coastal fish and wildlife resources include consumptive uses such as fishing and hunting, and nonconsumptive uses such as wildlife photography, bird watching and nature study. 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 activities dependent upon them (fishing, charterboat operations, bird watching) which are important to the local economy. Such efforts should be made in accordance with existing State law and sound resource management considerations. Management considerations include biology of the species, carrying capacity of the resource, public demand, costs and available technology. Limited fishing access to the Oswegatchie River is currently available along the river banks between the Lake Street Bridge and the dam and at the dam site. Improvements to the east and west bank of the Oswegatchie will facilitate fishing access to the river and improve public safety at these sites (east bank pp. 64, 65, 89, 90, 128, 152, 158, 160, 161; west bank pp.65, 89, 128, 152, 160, 161). Access to the St. Lawrence River is available in the Greenbelt Park area with improvements proposed for the Randall property (see pp. 64, 89, 90, 91, 127, 152, 160, 161). The following additional guidelines should be considered by all goveinment agencies as they determine the consistency of their proposed actions with this policy: 1. Consideration should be made by federal, State and local agencies as to whether an action will impede existing or future utilization of the recreational fish and wildlife resources in the vicinity of the city or accessible from is its harbor or other access sites. _99- 2. Efforts to increase access to recreational fish and wildlife resources should not lead to overutilization 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, increase human presence can deter animals from using the area. 3. The impacts of increasing access to recreational fish and wildlife resources should be determined on a case-by-case basis, consulting with the significant habitat narrative (see Policy 7) and/or conferring with a trained fish and wildlife biologist. 4. Any public or private sector initiatives to supplement existing stocks (e.g., stocking a stream with fish reared in a hatchery) or develop new resources (e.g., creating private fee-hunting or fee-fishing facilities) must be done in accord with existing State law. POLICY 10 - NOT APPLICABLE 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. Explanation of Policy Flooding: Areas of special flood hazard have been identified and mapped in Ogdensburg by the Federal Insurance Administration. Development in the city is subject to flood damage regulations through Article VIII of the city Municipal Code which contains standards to meet the requirements of the National Flood Insurance Program. Erosion: Although upland erosion is not a significant problem in the city, coastal erosion along the St. Lawrence River is cause for concern. Areas particularly subject to erosion include the shoreline east of the port terminal and on Chimney Point (see Plates 12a and 12b). Coastal erosion is being addressed by the State Coastal Erosion Hazard Act (CEHA) which sets up a development permit system and requires DEC to map all coastal erosion hazard areas. Mapping has not yet been initiated by DEC. When DEC completes this mapping, if such coatal erosion hazard areas are found, the city will review the local program at that time and comply with or supplement policies and regulations as needed. In the interim, _100- erosion problems will be considered in the evaluation of actions proposed for areas of locally important erosion (see Plates 12a and b) . Also, some cause f or concern is the damage caused by ice movement and wind-driven wave action in exposed coastal areas. When resistance to these forces is a factor in the design, construction and maintenance of shoreline structures, their durability will be increased and utility prolonged. POLICY 12 - ACTIVITIES OR DEVELOPMENT IN THE COASTAL AREA WILL BE UNDERTAKEN SO AS TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION BY PROTECTING NATURAL PROTECTIVE FEATURES INCLUDING BEACHES, DUNES, BARRIER ISLANDS AND BLUFFS. PRIMARY DUNES WILL BE PROTECTED FROM ALL ENCROACHMENTS THAT COULD IMPAIR THEIR NATURAL PROTECTIVE CAPACITY. Explanation of Policy Beaches, dunes, barrier islands, bluffs, and other natural protective features help safeguard coastal lands and property from damage, as well as reduce the danger to human life, resulting from flooding and erosion. Excavation of coastal features, improperly designed structures, inadequate site planning, or other similar actions which fail to recognize their fragile nature and high protective values, lead to the weakening or destruction of those landforms. Activities or development in, or in proximity to, natural protective features must -ensure that all such adverse effects are minimized. Primary dunes will be protected from all encroachments that could impair their natural protective capacity. Ogdensburg's natural protective features are in the form of small bluffs and are associated with those areas identified on Plates 12a and b as being subject to erosion. 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. Explanation of Policy Erosion protection structures such as bulkheads and riprap are used at the OBPA marine facilities, the grain elevator (bulkhead), the city's Greenbelt Park and marina, and along portions of the east and west banks of the Oswegatchie River. Sometimes, because of improper design, construction, or maintenance standards, such structures fail 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. _101- POLICY 14 - ACTIVITIES AND DEVELOPMENT INCLUDING THE CONSTRUC- TION 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. Explanation of Policy Though flooding and erosion occur naturally, human actions can increase the severity and adverse effects of these processes, causing property loss or damage and endangering lives. Actions which tend to increase flooding and erosion include the use of impermeable erosion protection structures such as groins or solid docks which block the littoral transport of sediment to adjacent shorelands. Such structures increase the rate of shoreline recession. Also, the failure to observe proper drainage or land restoration practices causes runoff and erosion or weakening of shorelands. Areas subject to erosion in the Ogdensburg coastal area are shown on Plates 12a and b. Reconstruction of existing erosion protection structures (see Policy 13) and new erosion protection structures shall not cause an increase in erosion or flooding. Erosion control practices cited in Policy 37 shall also be utilized in the implementation of this policy. Flood control policy for development is covered under Policy POLICY 15 - NOT APPLICABLE 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 DEVELOP- MENT; 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. Explanation of Policy Public funds are used for a variety of purposes on the State's shorelines. This policy recognizes the public need for protection of human life and investments in existing or proposed developments which require a waterside location to be able to function. However, it also recognizes the adverse impacts of such -102- activities and developments on the rate of erosion and on natural protective features. The policy requires careful analysis to be made of the benefits and long-term costs prior to expending public funds. POLICY 17 - WHENEVER POSSIBLEP USE NONSTRUCTURAL MEASURES TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION. SUCH MEASURES SHALL INCLUDE: (i) THE SET BACK OF BUILDINGS AND STRUCTURES; (ii) THE PLANTING OF VEGETATION AND THE INSTALLATION OF SAND FENCING AND DRAINING: (iii) THE RESHAPING OF BLUFFS; AND (iv) THE FLOOD PROOFING OF BUILDINGS OR THEIR ELEVATION ABOVE THE BASE FLOOD LEVEL. Explanation of Policy This policy recognizes both the potential adverse impacts of flooding and erosion upon development and upon natural protective features in the coastal area as the costs of protection against those hazards which structural measures entail. Nonstructural measures shall include, but not be limited to: 1. Within coastal erosion hazard areas identified under Section 34-104, Coastal Erosion Hazard Areas Act (Article 34, Environmental Conservation Law) , and* subject to the permit requirements on all regulated activities and development established under that law: (a) the use of minimum setbacks as provided f or in Section 34-108; and (b) the strengthening of coastal land-forms by the planting of appropriate vegetation, the reshaping of bluffs to achieve an appropriate angle, of repose and the installation of drainage systems on bluffs to reduce runoff and internal seepage of waters which erode or weaken the landforms; and 2. Within identified flood hazard areas, (a) the siting of buildings outside the hazard area, and (b) the flood-proofing of buildings. 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 the policy, it must be determined if any one, or a combination of, nonstructural measures would afford the degree of protection appropriate both to the character and purpose of the activity or development, and to the hazard. If nonstructural measures are determined to offer sufficient protection, then consistency with the policy would require the use of such measures, whenever possible. -103- In determining whether or not nonstructural measures to protect against erosion or flooding will afford the degree of protection appropriate, 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. GENERAL POLICY POLICY 18 - TO SAFEGUARD THE VITAL ECONOMIC, SOCIAL AND ENVI- RONMENTAL 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. Explanation of Policy Proposed major actions may be undertaken in the coastal 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, economic and environmental interests of the State, the city and their citizens in such. matters that could affect natural resources, water levels and flows, shoreline damage,-hydroelectric power generation and recreation. PUBLIC ACCESS POLICIES POLICY 19 - PROTECT, MAINTAIN AND INCREASE THE LEVELS AND TYPES OF ACCESS TO PUBLIC WATER-RELATED RECREATION RESOURCES AND FACILITIES SO THAT THESE RESOURCES AND FACILITIES MAY BE FULLY UTILIZED BY ALL THE PUBLIC 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. POLICY 19A - PROTECT, MAINTAIN AND IMPROVE PEDESTRIAN, VEHICULAR AND WATERBORNE ACCESS TO PUBLIC WATER-RELATED RECREATIONAL FACILITIES ALONG THE ST. LAWRENCE AND OSWEGATCHIE RIVERS. Explanation of Policies This policy calls for achieving balance among the following factors- the level of access to a resource or facility, the capacity of a resource or facility, and the protection of natural resources. Because an imbalance among these factors is often due to access-related problems, priority will be given to improving physical access to existing and potential coastal recreation sites. The Local Waterfront Revitalization Program will encourage mixed use areas and multiple use of facilities to improve access. -104- The particular water-related recreation resources and facilities which will receive priority for improved access in Ogdensburg are fishing areas, boating facilities, access roads and passive/active recreational park areas. To optimize the use of these resources, the city must facilitate various modes of access, including pedestrian, vehicular and waterborne with consideration given to handling short term peaks in demand for parking during major events. In Ogdensburg, this policy will be implemented through continued maintenance of the riverfront Greenbelt Park, Library Park, and the city beach, and through improvements in public access to the recreational opportunities on the east bank of the Oswegatchie River. Current levels of public access to the St. Lawrence Psychiatric Center will not be constrained without due cause. Public access to current and future recreational and scenic opportunities at Commerce Park and Lighthouse Point will be provided (see Inventory and Analysis, pp. 34-36). In addition, support will be given to both public and private measures taken to expand dockage and related facilities to improve accessibility of boaters to the St. Lawrence River. Potential areas of expansion for this purpose will be studied to assess the demand and location of such facilities (see p. 154). Existing access to public water-related recreation resources and facilities shall not be reduced, nor shall the possibility of increasing access in the future be eliminated unless such actions are found to be . necessary by the public body having jurisdiction over the access, in an effort to meet justified and reasonable objectives. A reduction in the existing level of public access includes but is not limited to the following (applies both to Policies 19 and 20): 1. The number of parking spaces at a public water-related recreation resource or facility is significantly reduced. 2. Pedestrian access is reduced or eliminated because of hazardous crossings required at new or altered transportation facilities, electric power transmission lines, or similar linear facilities. An elimination of the possibility of increasing public access in the future includes but is not limited to the following (for Polices 19 and 20): 1. Construction of public facilities which physically prevent, except at great expense, convenient public access to public water-related recreation resources and facilities. 2. Sale, lease, or other transfer of public lands that could provide public access to public lands, waters, or facilities. -105- 3. Construction of private facilities which physically prevent convenient public access to public coastal lands, waters, or related recreation facilities. Government agencies will not undertake or fund any project which increases access to a water-related resource or facility that is not open to all members of the public. Any proposed project to increase public access to public water-related recreation resources and facilities shall be analyzed according to the following factors (for Policies 19 and 20): 1. 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. 2. The level of access to be provided should be in accord with estimated public use. If the level of access is not in accord with estimated public use, it shall be deemed inconsistent with the policy. POLICY 20 - ACCESS TO THE PUBLICLY OWNED FORESHORE AND TO LANDS IMMEDIATELY ADJACENT TO THE FORESHORE OR THE WATER's EDGE THAT ARE PUBLICLY 014NED SHALL BE PROVIDED, AND IT SHOULD BE PROVIDED IN A MANNER COMPATIBLE WITH ADJOINING USES. SUCH LANDS SHALL BE RETAINED IN PUBLIC OWNERSHIP. Explanation of Policy Ogdensburg is endowed with shoreline and near-shoreline properties under public ownership. Some of these lands are municipal property; others are State or federal lands with some constraints on public usage. Publicly owned lands referenced in this policy have been identified in Policy 19 and on pp. 34-36 of the Inventory and Analysis. To be consistent with this policy, the existing level of public access with public coastal land or waters shall not be reduced or eliminated. Activities requiring minimal coastal facilities for their enjoyment include bicycling, bird watching, photography, nature study, beachcombing, and fishing. For these activities, there are several methods of providing access which will receive priority attention of the Coastal Management Program. These include the development of a coastal trails system, the provision of access across transportation facilities to the coast, and the promotion of mixed and multi-use development. 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: (a) it is inconsistent with public -106- safety, military security, or the protection of identified fragile coastal resources; (b) adequate access exists within one-half mile; or (c) 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. Refer to the explanation of Policy 19 for additional guidelines regarding any reduction in existing or future levels of access. RECREATION POLICIES POLICY 21 WATER-DEPENDENT AND WATER-ENHANCED RECREATION SHALL BE ENCOURAGED AND FACILITATED AND SHALL BE GIVEN PRIORITY OVER NONWATER RELATED USES ALONG THE COAST, PROVIDED IT IS CONSISTENT WITH THE PRESER- VATION 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 RESTRICTED BY EXISTING DEVELOPMENT. POLICY 21A WATER-DEPENDENT AND WATER-ENHANCED RECREATION SHALL BE ENCOURAGED AND SHALL BE GIVEN PRIORITY OVER NON-WATER RELATED USES AT THE FOLLOWING PUBLICLY OWNED SITES: the former Randall property (shoreline parcel) east bank of Oswegatchie River from twin bridges south to Ogdensburg Dam shoreline area of the west bank of Oswegatchie River from twin bridges south to Ogdensburg Dam Lighthouse Point Explanation of Policies Water-related recreation in Ogdensburg includes such obviously water-dependent activities as boating and fishing as well as certain activities which are enhanced by a coastal location and increase the general public's access to the coast such as shoreline parks, picnic areas, and scenic viewpoints that take advantage of coastal scenery. Provided the development of water-related recreation is consistent with the preservation and enhancement of such important coastal resources as fish and wildlife habitats, aesthetically significant areas, and historic and cultural resources, and provided demand exists, water-related recreation development is to be increased and such uses shall have a higher priority than any non-coastal dependent uses, including non-water-related recreation -107- uses. In addition, water-4ependent recreation uses shall have a higher priority over water-enhanced recreation uses. Determining a priority among coastal dependent uses will require a case-by-case analysis. The siting or design of new public development in a manner which would result in a barrier to the recreational use of a major portion of a community's shore should be avoided as much as practicable. Among the types of water-dependent recreation, provision of adequate boating services to meet future demand is to be encouraged by this Program. The siting of boating facilities must be consistent with preservation and enhancement of other coastal resources and with their capacity to accommodate demand, but such public actions should avoid competing with private boating development. Boating facilities will, as appropriate, include parking, park-like surrounds, toilet facilities, and pumpout facilities. Ogdensburg has experienced increased demand for access to the river for recreational boating, fishing and general viewing of the river. Since the quantity and quality of its water-based recreational facilities is an important element of the city's economy, the city will give priority to water-dependent and water-enhanced recreational development, provided it is consistent with other policies of this program and does not jeopardize other economic development activities important to the community. Specifically it will undertake measures to expand, develop and improve those areas mentioned in Policy 21A. POLICY 22 - DEVELOPMENT, WHEN LOCATED ADJACENT TO THE SHORE, SHALL PROVIDE FOR WATER-RELATED RECREATION, AS A MULTIPLE USE, WHENEVER SUCH RECREATIONAL USE IS APPROPRIATE IN LIGHT OF REASONABLY ANTICIPATED DEMAND FOR SUCH ACTIVITIES AND THE PRIMARY PURPOSE OF THE DEVELOPMENT. POLICY 22A - CONTINUED PUBLIC ACCESS FOR RECREATIONAL USE OF THE OSWEGATCHIE RIVER SHORELINE, IN PARTICULAR FOR FISHING ACCESS, SHALL BE PROVIDED IN ANY REDEVELOP- MENT OF THE OGDENSBURG DAM. Explanation of Policies 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 forms of such recreation would not be compatible with the development. -108- The types of development which can generally provide water- related recreation as a multiple use include but are not limited to: parks highways power plants* utility transmission rights of way sewage treatment facilities mental health facilities hospitals prisons * schools, universities military facilities nature preserves * large residential subdivisions (50 units) shopping centers office buildings The types of recreation uses likely to be compatible with these facilities are limited to the more passive forms, such as trails or fishing access. In some cases, land areas not directly or immediately needed by the facility could be used for recreation. Prior to taking action relative to any development, government agencies should consult with the City of Ogdensburg to determine appropriate recreation uses. The agency should provide 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 costs. Future activities in Ogdensburg to redevelop the Ogdensburg Dam should be integrated with the improvement of public access and recreational facilities as multiple uses. Other areas which will be considered for water-related recreation as a multiple use include the Port of Ogdensburg; the former Augsbury Corporation oil tank farm; the west bank of the Oswegatchie River from the dam to the Lake Street Bridge; and Lighthouse Point. POLICY 23 - PROTECT, ENHANCE AND RESTORE STRUCTURES, DISTRICTS, AREAS OR SITES THAT ARE OF SIGNIFICANCE IN THE HISTORY, ARCHITECTURE, ARCHAEOLOGY OR CULTURE OF THE STATE, ITS COMMUNITIES OR THE NATION. Explanation of Policy Among the most valuable of the State's man-made resources are those structures or areas which are of historic, archaeological, or cultural significance. The protection of these structures must _109- involve a recognition of their importance by all agencies and the ability to identify and describe them. Protection must include concern not just with specific sites but with areas of significance, and with the area around specific sites. The policy is not to be construed as a passive mandate but must include active -efforts when appropriate to restore or revitalize through adaptive reuse. While the program is concerned with the preservation of all such resources within the coastal boundary, it will actively promote the preservation of historic and cultural resources which have a coastal relationship. Protection includes the consideration and adoption of any techniques, measures, or controls to prevent a significant adverse change to structures, districts or sites that have historical, architectural or cultural significance for the city, the State or the Nation. A significant adverse change includes but is not limited to: 1. Alteration of or addition to one or more of the architectural, structural, ornamental or functional features of a building, structure, or site that is a recognized historic, cultural, or achaeological resource., or component thereof. Such features are defined as encompassing the style and general arrangement of the exterior of a structure and any original o 'r historically significant interior features including'type, color and texture of building materials; entryways and doors; fenestration; lighting fixtures; roofing, sculpture and carving; steps; rails; fencing; windows; vents and other openings; grillwork; signs; canopies; and oth er appurtenant fixtures and, in addition, all buildings, structures, outbuildings, walks, fences, steps, topographical features, earth-works, paving and signs located on the designated resource property. (To the extent they are relevant, the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" shall be adhered to.) 2. Demolition or removal in full or part of a building, structure, or earthworks that is a recognized historic, cultural, or archaeological resource or component thereof, to include all those features described in 1, above, plus any other appurtenant fixture associated with a building structure or earthwork. 3. All proposed actions within 500 feet of the perimeter of the property boundary of the historic, architectural, cultural, or archaeological resource and all actions within an historic district that would be incompatible with the objective of preserving the quality and integrity of the resource. Primary considerations to be used in making judgments about compatibility should focus on the visual and locational relationship _110- between the proposed action and the special character of the historic, cultural, or 'archaeological resource. Compatibility between the proposed action and the resource means that the general appearance of the resource should be reflected in. the architectural style, design material, scale, proportion, composition, mass, line, color, texture, detail, setback, landscaping and related items of the proposed action. Within historic districts this would include infrastructure improvements or changes, such as street and sidewalk paving, street furniture and lighting. This policy shall not be construed to prevent the construction, reconstruction, alteration, or demolition of any building, structure, earthwork, or component thereof of a recognized historic, cultural or archaeological resource which has been officially certified as being imminently dangerous to life or public health. Nor shall the policy be construed to prevent the ordinary maintenance, repair, or proper restoration according to the U.S. Department of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" of any building, structure, site or earthwork, or component thereof of a recognized historic, cultural or archaeological resource which does not involve a significant adverse change to the resource, as defined above. This policy is applicable throughout the waterfront, particularly since historic, architectural and archaeological resources are an important factor in the city's heritage. Several structures and one district are listed on the National Register of Historic Places (see Inventory and Analysis, pp. 52-54). Also the site of Fort LaPresentation on Lighthouse Point will be protected from any future development which might destroy archaeological evidence of the Fort. Sites of local significance are described in the Inventory and Analysis section on p.53. Given the possibility of archaeologically significant sites in the coastal area (see p. 54), developers must contact the State Historic Preservation Office to determine appropriate protective measures to be incorporated into the development process at these sites. SCENIC RESOURCE POLICIES POLICY 24 - NOT APPLICABLE 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. POLICY 25A - PROTECT OR ENHANCE THOSE NATURAL AND MAN-MADE VISUAL RESOURCES OF THE ST. LAWRENCE AND OSWEGATCHIE RIVERS AS IMPORTANT FEATURES OF THE LOCAL ECONOMY AND THE AREA'S UNIQUE IDENTITY. Explanation of Policies When considering a proposed action, agencies shall ensure that the action would be undertaken so as to protect, restore or enhance the overall scenic quality of the coastal area. Scenic impairment is defined as: (i) the irreversible modification of geologic forms, the destruction or removal of vegetation, the destruction, or removal of structures, whenever the geologic forms, vegetation or structures are significant to the scenic quality of an identified resource; and (ii) the addition of structures which because of siting or scale will reduce identified views or which because of scale, form, or materials will diminish the scenic quality of* an identified tesource. Guidelines for minimizing scenic impairment include: siting structures and other development such as highways, power lines, and signs, back from shorelines or in other inconspicuous locations to maintain the attractive quality of the shoreline and to retain views to and from the shore: clustering or orienting structures to retain views, save open space and provide visual organization to a development; incorporating sound, existing structures (especially historic buildings) into the overall development scheme; removing deteriorated and/or degrading elements; maintaining or restoring the original landform, except when changes screen unattractive elements and/or add appropriate interest; maintaining or adding vegetation to provide interest, encourage the presence of wildlife, blend structures into the site, and obscure unattractive elements, except when selective clearing removes unsightly, diseased or hazardous vegetation and when selective clearing creates views of coastal waters; using appropriate materials, in addition to vegetation, to screen unattractive elements; using appropriate scales, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape. Although most of Ogdensburg's waterfront is occupied for industrial purposes, several developed and undeveloped scenic areas of local significance exist along the St. Lawrence and Oswegatchie Rivers. Developed areas providing scenic vistas include the Greenbelt Park (see Plates 3a and 3b), and shoreline pathway. Areas with potential for improved scenic vistas, including the east and west banks of the Oswegatchie shoreline and Lighthouse Point, will be given special consideration in future development efforts. The natural beautv of these areas is currently marred by underutilized land use@ on both sides of the river and excessive vegetation growth which hampers visual access to this important coastal feature. Consequently, this policy corresponds closely with the Development policies previously discussed (Policies 1-6) AGRICULTURAL LANDS POLICY: POLICY 26 - NOT APPLICABLE ENERGY AND ICE MANAGEMENT POLICIES POLICY 27 - Federal agencies should refer to the New York State Coastal Management Program and Final Environmental Impact Statement for the text of this Policy. The text has also been included in Appendix E. POLICY 27A - DECISION ON THE SITING AND CONSTRUCTION OF THE PROPOSED OGDENSBURG DAM HYDROELECTRIC PROJECT AND THE ST. LAWRENCE COUNTY SOLID WASTE DISPOSAL FACILITY WILL BE BASED ON PUBLIC ENERGY NEEDS, COMPATIBILITY OF SUCH FACILITIES WITH THE ENVIRON- MENT, AND THE FACILITY'S NEED FOR A SHOREFRONT LOCATION. -113- Explanation'of Po licy With several St. Lawrence County landfills under DEC consent orders to close, the county has moved ahead on plans to construct a $14 million steam generating solid waste disposal facility. The one-megawat-t plant will burn approximately 58,000 tons of waste per year-..i,4 is scheduled to be constructed on OBPA property at the heavy,-. industrial park. Steam and electricity will be purchased by the St. Lawrence Psychiatric Center and Niagara Mohawk respectively. Several negotiations are still underway, with project completion scheduled for 1987 (see p. 130). Preliminary findings being conducted for the project's environmental impact statement indicate the plant will meet emission standards set by law. Other potential adverse impacts on the surrounding land and water (i.e. Tibbits Creek) will be assessed in the Environmental Impact Statement. The city is also pursuing the feasibility of redevelopment of the Ogdensburg Dam for hydropower generation (see pp. 32, 65, 89, 90, 129). Reuse of this facility will be coordinated with the design and development of recreational facilities along the Oswegatchie River. These projects are not considered major energy producing facilities as defined by Public Service Law, Article VIII. However, they are subject to Article 8 of the Environmental Conservation Law, the Waterfront Revitalization and Coastal Resources Act (Article 42) and DOS regulations to ensure that actions in the coastal area are consistent with coastal policies (see Ogdensburg Dam, pp. 32,65,85,89,129; solid waste disposal facility, p. 130). POLICY 28 - ICE MANAGEMENT PRACTICES SHALL NOT INTERFERE WITH THE PRODUCTION OF HYDROELECTRIC POWER, DAMAGE SIGNIFICANT FISH AND WILDLIFE AND THEIR HABITATS, OR INCREASE SHORELINE EROSION OR FLOODING. Explanation of Policy Prior to undertaking actions required for ice management, an assessment must be made of the potential effects of such actions upon the production of hydroelectric power, fish and wildlife and their habitats as will be identified in the Coastal Area Maps, flood levels and damage, rates of shoreline erosion damage, and upon natural protective features. 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 - Federal agencies should refer to the New York State Coastal Management Program and Final Environmental Impact Statement for the text of this Policy. The text has also been included in Appendix E. -114- WATER AND AIR RESOURCES POLICIES POLICY 30 - MUNICIPAL, INDUSTRIAL, AND COMMERCIAL DISCHARGE OF POLLUTANTS, INCLUDING BUT NOT LIMITED TO, TOXIC AND HAZARDOUS SUBSTANCES, INTO COASTAL WATERS WILL CONFORM TO STATE AND NATIONAL WATER QUALITY STANDARDS. Explanation of Policy 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 pass through municipal treatment systems before reaching the State's waterways. No specific water quality issues were identified as current problems in the waterfront inventory. However, sites which may present potential threats to water quality exist in the Ogdensburg coastal area (see pp. 12-13). "Point" or "end-of-the-pipe" discharges exist at the city's sewer treatment outfall and 17 storm overflows, at the Ponderosa Fibres plant, and at the Standard Shade and Roller plant. These sites are under permit by DEC and are monitored on a regular basis. Potential sources of non-point pollution exist at the OBPA port facilities, the former Augsbury tank farm property, the Mobil tank farm, and the St. Lawrence Psychiatric Center. Although not monitored by DEC permit, any form of pollution at these sites would come under State or federal jurisdiction. The city is aware of these sites and will work closely with State and federal agencies in monitoring these sites and mitigating any future problems. Guidelines for implementing this policy are listed under Policy 37. POLICY 31 - STATE COASTAL AREA POLICIES AND MANAGEMENT OBJEC- TIVES 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. Explanation of Policy As noted in Section Two, DEC 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 coastal management policies shall be factored into the review process for coastal waters. However, such considerations shall not affeet any water pollution control requirepent established by the State pursuant tp the Federal Clean Water Act. _115- The State has identified certain stream segments as being either "water quality limiting" or "effluent limiting". Waters not meeting State standards and which would not be expected to meet these standards even after applying "best practicable treatment" to effluent discharges are classified as "water quality limiting". Those segments meeting standards or those expected to meet them after application of "best practicable treatment" are classified as "effluent limiting", and all new waste discharges must receive "best practicable treatment". However, along stream segments classified as "water quality limiting", waste treatment beyond "best practicable treatment" would be required, and costs of applying such additional treatment may be prohibitive for new development. As noted in the Inventory and Analysis (Section Two - A. Water Resources), the city has reviewed DEC classifications of its waters and finds the "D" classification for Tibbits Creek is inconsistent with its designation by the Oil Spill Response Model II as an area supportive of fish habitats and propagation (see pp. 15-19). Beginning in December, 1985, DEC will be conducting a statewide review of stream reclassifications. The hearing for the St. Lawrence River is scheduled for September, 1987. The city and DEC will pursue the possibility of changing the classification of Tibbits Creek from a "D" to a "C" at this time. DEC classifications for the remainder of Ogdensburg's coastal waters were found to be appropriate. POLICY 32 - NOT APPLICABLE 'POLICY 33 - BEST MANAGEMENT PRACTICES WILL BE USED TO ENSURE THE CONTROL OF STORMWATER RUNOFF AND COMBINED SEWER OVERFLOWS DRAINING INTO COASTAL WATERS. Explanation of Policy Best management practices include both structural and nonstructural methods of preventing or mitigating pollution caused by the discharge of stormwater runoff and combined sewer overflows. At. present, structural approaches to controlling stormwater runoff (e.g.. construction of retention basins) and combined sewer overflows (e.g., replacement of combined system with separate sanitary and stormwater collection systems) are not economically feasible. Proposed amendments to the Clean Water Act, however, will authorize funding to address combined sewer overflows in areas where they create severe water quality impacts. Until funding for such projects becomes available, nonstructural approaches (e.g., improved street cleaning, reduced use of road salt) will be encouraged. -116- Occasionally, after intense periods of rainfall, the city's sewage treatment facility does experience short-term surcharges due, in part, to a high rate of system inflow and in-filtration. The city has 17 combined storm/sanitary overflow points which are under a DEC permit. The city and DEC monitor these overflows on a regular basis. The city has an ongoing program to separate storm and sanitary lines as needed and as funding allows. Should the problem become significant, the city will seek additional funding to upgrade obsolete or deteriorated portions of the system. Best management practices on plant and material transfer/storage sites and appropriate on-site treatment (including collection, detention, diversion to the industrial pretreatment system or to the city's treatment system) shall be utilized. Guidelines for implementing this policy are listed under Policy 37. POLICY 34 - DISCHARGE OF WASTE MATERIALS INTO COASTAL WATERS FROM VESSELS SUBJECT TO STATE JURISDICTION INTO COASTAL WATERS WILL BE LIMITED SO AS TO PROTECT SIGNIFICANT FISH AND WILDLIFE HABITATS, RECREAT- IONAL AREAS AND WATER SUPPLY AREAS. Explanation of Policy 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 areas such as significant fish and wildlife habitats, beaches, and public water supply intakes, which need protection from contamination by vessel wastes. Also, specific effluent standards for marine toilets have been promulgated by the NYS Department of Environmental Conservation (6 NYCRR, Part 657). All new or expanded marinas shall be equipped with sanitary pumpout and disposal facilities for boats with marine toilets. 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 WILDLIFE HABITATS, SCENIC RESOURCES, NATURAL PROTECTIVE FEATURES, II-TORTANT AGRICULTURAL LANDS, AND WETLANDS. Explanation of Policy Dredging is essential for waterfront revitalization and development, maintaining navigation channels at sufficient depths, pollutant removal and meeting other coastal management needs. Such dredging projects, however, may adversely affect water quality, fish and wildlife habitats, wetlands, and other important coastal resources. Often these adverse effects can be minimized through careful design and timing of the dredging operation and proper siting of the dredge spoil disposal site. Dredging permits will be granted if it has been satisfactorily demonstrated that these anticipated adverse effects have been reduced to levels -117- which satisfy State dredging permit standards set forth in regulations developed pursuant to Environmental Conservation Law (Articles 15, 24, 25, and 34), and are consistent with policies pertaining to the protection of coastal resources (State Coastal Management Policies 7, 15, 24, 26, and 44). The Ogdensburg Bridge and Port Authority has dredged the harbor in the past and is currently concluding a major dredging project to extend the berthing area. This project and the site selection for the disposal of the dredge spoil material was the subject of an extensive environmental impact study which examined potential -adverse effects. Future dredging projects must also meet State dredging permit standards. POLICY 36 - ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF PETROLEUM AND OTHER HAZARDOUS MATERIALS WILL BE CONDUCTED IN A MANNER THAT WILL PREVENT OR AT LEAST MINIMIZE SPILLS INTO COASTAL WATERS; ALL PRACTIC- ABLE EFFORTS WILL BE UNDERTAKEN TO EXPEDITE THE CLEANUP OF SUCH DISCHARGES; AND RESTITUTION FOR DAMAGERS WILL BE REQUIRED WHEN THESE SPILLS OCCUR. Explanation of Policy: NYS Environmental Conservation Law (Section 37-0101.2) defines substances hazardous to the environment as, I'substances which, because of their toxicity, magnification or concentration within biological chains, present a demonstrated threat to biologic life cycles when discharged into the environment." Because of its location along the St. Lawrence Seaway and its designation as a major New York State port, the City of Ogdensburg is subject to the dangers surrounding the shipment of petroleum and other hazardous materials. The city encourages all public and private entities to use the maximum practicable measures that will prevent or at least minimize spills and discharges of such materials into its coastal waters. POLICY 37 - BEST MANAGEMENT PRACTICES WILL BE UTILIZED TO MINIMIZE THE NON-POINT DISCHARGE OF EXCESS NUTRI- ENTS, ORGANICS AND ERODED SOILS INTO COASTAL WATERS. Explanation of Policy Best management practices used to reduce these sources of pollution include but are not limited to, encouraging organic farming and pest management principles, erosion control practices, and surface drainage control techniques. Potential problem sites for non-point discharge were identified in the inventory (see pp. 12-13) and again in Policy 30 (see pp. 115). The city is aware of these sites and will work closely with State and federal agencies in monitoring these sites and mitigating future problems. -118- Guidelines regulating development or construction to be used in implementing this policy include the following: 1. Runoff or other non-point pollutant sources from any specific development must not be greater than would be the case under natural conditions. Appropriate techniques to minimize such efforts shall include, but not be limited to, the use Of StOLurwater detention basins, rooftop runoff disposal, rooftop detention, parking lot storage and cistern storage. 2. The construction site, or facilities, should fit the land, particularly with regard to its limitations. 3. Natural ground contours should be followed as closely as possible and grading minimized. 4. Areas of steep slopes, where high cuts and fills may be required, should be avoided. 5. Extreme care should be exercised to locate artificial drainageways so that their final gradient and resultant discharge velocity will not create additional erosion problems. 6. Natural protective vegetation should remain undisturbed if at all possible; otherwise plantings should compensate for the disturbance. 7. The amount of time that disturbed ground surfaces are exposed to the energy of rainfall and runoff water should be limited. 8. The velocity of the runoff water on all areas subject to erosion should be reduced below that necessary to erode the materials. 9. A ground cover should be applied sufficient to restrain erosion on that portion of the disturbed area undergoing no further active disturbance. 10. Runoff from a site should be collected and detained in sediment basins to trap pollutants which would otherwise be transported from the site. 11. Provision should be made for permanent protection of downstream banks and channels from the erosive effects of increased velocity and volume of runoff resulting from facilities constructed. 12. The angle for graded slopes and fills should be limited to an angle no greater than that which can be retained by vegetative cover or other erosion control devices or structures. _119- The length as well as the angle of graded slopes should be minimized to reduce the erosive velocity of runoff water. 14. Rather than merely minimizing damage, take the opportunity to improve site conditions wherever practicable. POLICY 38 - THE QUALITY AND QUANTITY OF SURFACE WATER AND GROUNDWATER SUPPLIES WILL BE CONSERVED AND PRO- TECTED, PARTICULARLY WHERE SUCH WATERS CONSTITUTE THE PRIMARY OR SOLE SOURCE OF WATER SUPPLY. Explanation of Policy No groundwater sources are used in the coastal area. The St. Lawrence River is the principal source of water supply for the City of Ogdensburg and therefore must be protected. 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, SIGNIFICANT FISH AND WILDLIFE HABITATS, RECREATION AREAS, IMPORTANT AGRICULTURAL LANDS, AND SCENIC RESOURCES. Explanation of Policy Solid wastes include sludge from air or water pollution control facilities, demolition and construction debris, and industrial and commercial waste. Examples of solid waste management facilities include resource recovery 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. Solid wastes from St. Lawrence County and other contracted areas will be transported to the site of the proposed solid waste disposal facility in the heavy industrial park and must meet State regulations for transport, storage and disposal. Hazardous wastes are unwanted by-products of manufacturing processes generally characterized as flammable, corrosive, reactive, or toxic. More specifically, hazardous waste is defined in Environmental Conservation Law �27-0901.3 as follows: "Hazardous means a 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,- or otherwise managed." 6 NYCRR, Part 371 lists hazardous wastes. -120- POLICY 40 EFFLUENT DISCHARGED FROM MAJOR STEAM ELECTRIC GENERATING AND INDUSTRIAL FACILITIES INTO COASTAL WATERS WILL NOT BE UNDULY INJURIOUS TO FISH AND WILDLIFE AND SHALL CONFORM TO STATE WATER QUALITY STANDARDS. Explanation-of Policy There are no steam electric generating facilities in the Ogdensburg coastal area. Although the proposed one-megawatt solid waste disposal facility is not a steam generating plan of major proportions, effluent discharge must meet State and federal standards. The facility shall not discharge any effluent that will be unduly injurious to the propagation and protection of fish and wildlife, the industrial development of the State, the public health, and public enjoyment of the receiving waters. The effects of thermal discharges on water quality and aquatic organisms will be considered on any request from a steam electric generating facility or other industrial applicant. The water used for cooling the plant will be discharged into the city sewer system and must meet city industrial use pretreatment standards. POLICY 41 LAND USE OR DEVELOPMENT IN THE COASTAL AREA WILL NOT CAUSE NATIONAL OR STATE AIR QUALITY STANDARDS TO BE VIOLATED. Explanation of Policy: Although not identified as a significant problem in Ogdensburg, the city's industrial history and potential for future expansion of an industrial nature makes this an issue of interest for the community. The requirements of the Clean Air Act are the minimum air quality control requirements applicable within the coastal area. POLICY 42 - Federal agencies should refer to the New York State Coastal Management Program and Final Environmental Impact Statement for the text of this Policy. The text has also been included in Appendix E. POLICY 43 - Federal agencies should refer to the New York State Coastal Management Program and Final Environmental Impact Statement for the text of this Policy. The text has also been included in Appendix E. POLICY 44 - PRESERVE AND PROTECT TIDAL AND FRESHWATER WETLANDS AND PRESERVE THE BENEFITS DERIVED FROM THESE AREAS. Explanation of Policy Freshwater wetlands include marshes, swamps, bogs, and flats supporting aquatic and semi-aquatic vegetation, and other wetlands so defined in the NYS Freshwater Wetlands Act 'and the NYS Protection of Waters Act. The Ogdensburg coastal area has no wetland areas over the 12.4 acre limit stipulated for regulation -121- under the NYS Freshwater Wetlands Act. Small marshes and swamplands exist in the low lying areas along Tibbits Creek, and tapt and west of NYS Route 37 on the eastern end of the city (see Plates 9a and 9b). When reviewing any proposed development affecting these areas, the city will insure that consideration be given to the sensitivity of these areas (Ogdensburg Zoning Ordinance, Article IV, Section 30.44.c.l.d.) -122- 0 SECTION FOUR PROPOSED LAND AND WATER USES AND PROPOSED PROJECTS 0 0 SECTION FOUR PROPOSED LAND AND WATER USES AND PROPOSED PROJECTS A key component of Ogdensburg's Waterfront Revitalization Program consists of the specific land uses, development projects and revitalization programs -- both public and private -- proposed for the coastal area. The Inventory and Analysis of waterfront conditions and the applicable State and local policies provided the basis for this component. Corresponding changes in the city's zoning ordinance are described in Section Five. The proposed uses and projects were selected after input and approval from the city planning and engineering staff, the Local Waterfront Advisory Committee and the City Council. PROPOSED LAND AND WATER USES Plates 13a and 13b entitled "City of Ogdensburg - Proposed Land and Water Uses" illustrate the proposed changes from existing land and water uses in the coastal area. Most of the proposed changes are located in the areas previously described as deteriorated and/or under-utilized. Since existing land uses indicate development patterns in the city, proposed land use changes should provide guidance to the city in planning for future development. The following describes the proposed changes. Former Augsbury Corporation: tank farm. The parcel is currently in the process of being sold to new owners, and future use is uncertain. The city does not want to see the land used for industrial purposes in the future but would like to leave the options available for private commercial and/or residential development. A combination of commercial and/or residential land uses is therefore proposed. Waterfront parcel east of Morissette Park between Caroline and Franklin Street (Randall property). The waterfront half of this parcel is proposed as public-recreational and would reflect future plans to develop this site as an extension of the Greenbelt Park as a public recreation area. Categorization of the inland half of this parcel remains the same (Commercial). Vacant downtown block at Riverside Avenue, Isabella and Washington '9treets (Shurtleff Block). The city intends to land-bank this site for future commercial development. Due to its proximity to the Greenbelt area, compatible recreational uses should also be considered in future development of this site. At the time the Shurtleff Block is developed for commercial uses, there may be traffic congestion and parking problems in association with park and recreational use of the Greenbelt Park facilities, particularly the municipal boat ramp. Because it is not possible to identify the exact type of commercial development that may take place -125- within the Shurtleff Block at this time, the extent and type of traffic and parking problems created in this area cannot be specifically addressed. At the time development of the Shurtleff Block takes place, the city will analyze the specific traffic and parking needs of the area and will pursue appropriate solutions. East bank of Oswegatchie River from twin bridges south to Ogdensburg Dam. Proposed improvements to expand recreational use of this area involves designation of this area as public- recreational. Cresent Street waterworks and Ogdensburg Dam. Electric generation/distribution is proposed for this area. West bank of Oswegatchie River (shoreline area) from the Ogdensburg Dam to the Lake Street Bridge. Proposed improvements to develop the shoreline for recreational uses involves designation of this area as public-recreational. Lighthouse Point. Lighthouse Point currently contains several land use classifications, most notably public-vacant and residential. It is recommended that the vicinity of the historic Fort LaPresentation be maintained for future public access. Since the exact location of fortification is not known, the area delineated on Plate 13a is an approximation and will remain so until archaeological research provides evidence of the fort's exact location. The remainder of Lighthouse Point is proposed for commercial development and public and private waterfront recreational uses. Proposed St. Lawrence County solid waste disposal facility. It is proposed that land use categorization at the location of this facility in the heavy industrial park be identified for utilities-solid waste management and utilities-electric generation and distribution. Water uses are proposed to remain the same as current classifications. PROPOSED PROJECTS The following projects have been identified for implementation in the coastal area. Inclusion of these projects in this LWRP entitles the project proponents to apply for NYS Department of State implementation funds. The grant funds are limited to 10% of the total project cost, or no more than $50,000 per project. The following list does not imply project priorities. Additional program refinement actions, such as zoning revisions, are discussed in Section Five Techniques for Local Implementation of the Program. (1) Randall property (2) Oswegatchie shoreline (east) recreational impi7ovements -126- (3) Oswegatchie shoreline (west) rehabilitation projects (4) Lake Street Bridge improvements (5) Ogdensburg Dam renovation (6a and 6b) Lighthouse Point projects (7) St. Lawrence County solid waste disposal facility (8) Ogdensburg Bridge and Port Authority development projects (1) Randall property. As described in Section Two, p. 64, the former Randall property on Caroline Street is owned by the city and has been subdivided into two parcels. The waterfront lot has been designated for recreational use and will provide an adjunct to the Greenbelt Park. The city intends to sell the inland lot, for possible residential or commercial development. Costs for this project could vary greatly depending on the scale of development and if municipal employees provide some of the design and labor tasks. Particular consideration should be given to implementing this project in a manner consistent with Policies 13, 14, 16, 17, 33 and 37. An estimate of project cost is listed below. A conceptual sketch of proposed improvements is shown on Plate 14. Design/Engineering (10%) $ 4,000 Rough grade and scarify subgrade, furnish topsoil (6") from stockpile, and fine grade 2,000 Pruning existing trees and shrubs 700 Landscaping - Norway Maple, 3 @ $210 (2" caliper) 630 - Eastern White Pines, 6 @ $150 (5' height) 900 - Shadblow Serviceberry, 6 @ $50 W height) 300 - Hydroseed lawn grass seed, fertilizer and mulch (15,000 sq. ft. @ $40 per 1,000 sq. ft.) 600 - Bollards, 6 @ $104 6"x6"x36" high, pressure-treated wood 624 Lighting, 5 15' high plain steel poles @ $2,470 complete 12,350 Paved Walkway (2,600 sq. ft.) with handicapped access 7,400 Benches, 8 @ $540 Redwood 6', surface mounted 4,320 Trash receptacles, 5 @ $175 24 gal. cylindrical painted metal 875 Overlook deck (1,000 sq. ft.) - redwood includes bulk fill, wood fabrication and railings 11,500 TOTAL $ 46,200 -127- (2) Oswegatchie shoreline (east) recreational improvements. As described in Section Two, pp. 35 and 64-65, the east bank of the Oswegatchie River shoreline is currently utilized for recreational purposes such as walking, jogging and fishing. Steep topography in some places and excessive vegetative growth currently limit public access to this scenic area. Improvements to the existing stairway and construction of a paved pathway will greatly enhance public access at this site. Additions or improvements of bulkhead or other shoreline stabilization measures should be studied further before construction. Particular consideration should be given to implementing this project in a manner consistent with Policies 13, 14, 16, 17, 33 and 37. A conceptual sketch of proposed improvements is shown on Plate 15. Preliminary costs estimates are as follows. Design/Engineering (10%) $ 13,700 Pruning Existing Trees/Shrubs 2,000 Paved Walkway (92,000 sq. ft.) Includes excavation, 3" thick asphalt concrete paving on 4" primed granular base, compacted subbase; handicapped access 15,300 Railing on shoreline pathway (1,300 linear feet) @ $29.70/LF 38,600 Benches, 15 @ $540 Redwood 6' long, surface mounted 8,100 Trash Receptacles, 15 @ $175 24 gal. cylindrical painted metal 2,600 Lighting, 24 @ $2,470 15' high plain steel poles 59,000 Stairway Repair (500 sq. ft.) 2POOO Overlook deck (1,000 sq. ft.) - redwood includes bulk fill, wood fabrication and railings 11,500 TOTAL $ 151,000 (3) Oswegatchie shoreline (west) rehabilitation 2rojects. Section Two, p. 65 describe the variety of land uses located on the west bank of the Oswegatchie River in the area bounded by Lake and Main Streets and the river. This section of the city contains the largest concentration of deteriorated and underutilized land uses in the city's coastal area. The city designated this section of the city (plus additional surrounding area) as a target area for a $750,000, 1982 Community Development Block Grant. The grant has been utilized largely for housing rehabilitation, rental rehabilitation and conversion, and public improvements. The remaining funds will be spent in 1985 and 1986. Projects remaining to be carried out, and the funds for each respective project include: street improvements ($24,500); park and playground improvement ($6,300); building acquisition and demolition ($30,000); and sewer installation ($1,000). This work is carried out under the auspices of the Planning and Development Office -128- with assistance from the City Office of Rehabilitation and Development (CORD) , the Department of Public Works (DPW) , and the Parks and Recreation Department. Particular consideration should be given to implementing the remainder of these projects in a manner consistent with Policies 13, 14, 16, 17, 33, and 37. (4) Lake Street Bridge improvements. The Lake Street Bridge was closed to vehicular traffic at the time the new arterial was constructed. Studies investigating the possibility of removing the bridge and replacing it with a smaller pedestrian bridge have shown the project is not financially feasible. Since the bridge carries utility lines across the river, it cannot be replaced without great cost. It should therefore be maintained as a pedestrian link between the east and west sides of the Oswegatchie River. Continued maintenance and further aesthetic improvements are needed. Benches, additional lighting, landscaping and trash receptacles would add to the pedestrian flavor of the bridge. Improvements to the bridge should be consistent with recreational improvements along the Oswegatchie River. (5) Ogdensburg Dam renovation. The city is currently studying the possibility of renovating the Ogdensburg Dam for hydroelectric power generation. A preliminary feasibility study has indicated the project could be a viable undertaking. The existing dam dates from 1910 and is a solid gravity-type reinforced concrete dam approximately 19 feet high and 400 feet long. The dam has a northerly exposed spillway which is ogee in shape. The Oswegatchie River has a drainage area of approximately 1,600 square miles upstream of the dam. Impoundment behind the dam at the spillway crest is approximately 1,400 acre feet of water. The proposed project would entail the construction of a new headrace, penstock and powerhouse. Power generation is expected to equal 2.2 megawatts. Preliminary cost estimates total $7 million. The city's final decision will be based on the outcome of future studies. Questions yet unanswered include exact power projection, public versus private ownership, water rights, and licensing from the Federal Energy Regulatory Commission. The city engineering office has recently hired an intern to conduct a longitudinal study of potential electric consumption and a study on water flows. Recreational improvements totalling approximately $350,000 are included in the cost estimate for the dam project. The exact nature of these improvements will depend in part on which side of the river houses the power generation equipment. (6a and 6b) Lighthouse Point projects. Lighthouse Point is largely owned by the St. Lawrence Industrial Development Agency which currently has the property up for sale to help defray a $675,000 debt to the Farmers Home Administration (FmHA) . The remainder of the 38 acre point is owned by three private landowners. These circumstances make it difficult to determine the feasibility of specific projects for this area. Coordination of LWRP policies with plans of current and future owners is necessary to attain the best use for this area. Further market analysis is needed for this area and careful consideration should be given to proposed projects as they arise. In addition, the city is currently considering two studies. dealing with -129- specific uses of the area: (a) an aquarium/nature center; and (b) an archaeological study. (a) A $51,000 feasibility study and site analysis is currently being conducted under the auspices of a seven-member executive committee and the State University College at Potsdam. Lighthouse Point, along with seven other St. Lawrence River sites, is being considered as a possible location for this facility. The city has contributed $5,000 to this study. Study completion and site selection is expected by December, 1985. (b) The intent of an archaeological study is to locate the exact site of Fort LaPresentation. Additional research and an archaeological dig of at least one summer's duration would be necessary to accomplish this purpose. Further work would depend on the success of the summer project. Assistance to determine a cost estimate for this project could be acquired from local colleges. It is also likely that the dig could be conducted as a college student project, thereby greatly reducing the cost. Existing landowners in the project area should be given careful consideration in project planning. (7) St. Lawrence County solid waste disposal facility. Due to the fact that the majority of St. Lawrence County's landfills are under DEC consent orders to close, the county established a Solid Waste Disposal Authority (SWDA) and they are now in the process'of planning for a solid waste disposal facility. A 23-acre site in the heavy industrial park in Ogdensburg's coastal area has been selected as the location for this facility (see Plate 13b). The land has been purchased by SWDA from the Ogdensburg Bridge and Port Authority. The *plant will produce electricity and steam which will be purchased by Niagara Mohawk and the St. Lawrence Psychiatric Center respectively. Capacity will be 225 tons of garbage/day. To date, a construction firm and plant operator have been chosen and the draft environmental impact statement is now being written. It is estimated the plant will cost $14 million, with additional funding needed for transfer stations and an ash landfill. New York State has committed $6 million in bond money for this project. The county has vot 'ed to support a $1 million loan to SWDA to assist in the planning stages of this project. The remaining financial package is now being negotiated by SWDA and the county. (8) Ogdensburg Bridge and Port Authority development projects. Facilities of the Ogdensburg Bridge and Port Authority and their current $6.5 million expansion project were described in detail in Section Two, pp. 29-31, and on Plates 5 - 8. The Ogdensburg Port Master Plan and Development Study outlined a three-phased, ten year development plan for port marine-related facilities. Funding for Phase I, totalling ' $6.5 million is being provided through a NYS transportation bond issue. Funding for Phases II and III will be sought if and when these phases are implemented. Other ongoing projects by the Port Authority include rehabilitation and leasing of the grain elevator, application for and approval of a Foreign Trade Zone designation and continued work, along with the city, on Commerce Park industrial development. Consideration should be given to all applicable waterfront policies*, in particular Policies 13, 14, 16, 17, 33 and 37 in implementation of OBPA projects. -130- .00 0,0 00 .00 'CO 00, 000, 5/8/ x 2 Ay @ LJ STA JI Al, CO J1 "Ati 37 0@1' .O'd sTATION STY LAWMENCECIM,eft Pi QMATRIC 046 *cs "Xi 10 it 4, -51 slo"ET \V7 kv no m Ll CAZOL-IK.15@ ST'Z-=57r zw;- All AT. mur woll .ve 4et 10- I's ivooL ........... srpwc Atop rxrSVWI, SAILOWA37 A BOWEN, 610t@m % *IIP44. agm Oa Apfttx.4 CAO ;Low- OSWt&A a(E F4\VF- 00 ................ 0 SECTION FIVE TECHNIQUES FOR LOCAL IMPLE14ENTATION OF THE PROGRAM 0 SECTION FIVE TECHNIQUES FOR LOCAL IMPLEMENTATION OF THE PROGRAM This section outlines and describes the measures to be used by the City of Ogdensburg to implement its Local Waterfront Revitalization Program. Specific implementation measures are organized under six general headings: regulatory measures, other public and private actions, management structure, compliance procedures, federal and State consistency and financial resources. A summary chart at the end of the section tabulates the . various management techniques and/or actions according to the coastal policies they would implement. REGULATORY MEASURES Local Laws and Regulations. Local laws and regulations previously enacted by the city show an inherent concern for land use and development activities within the waterfront. Local regulations include zoning, enforcement of the NYS Uniform Fire Prevention and Building Code, floodplain regulations, regulation of city parks and the municipal marina, and regulation of public and private sewers. 1) Zoning Ordinance. The City of Ogdensburg Zoning Ordinance has been in effect, with several subsequent revisions, since the 1960's (Municipal Code; Chapter 30). A Comprehensive Plan dating from 1970 is currently being updated by the Planning Board and may recommend further revision of the zon 'ing ordinance, The general purpose of the zoning ordinance is to "Promote .... public health, safety and welfare, and the most desirable use of the land". The ordinance contains 11 zoning districts which are outlined as follows (see Plate 16): RI One Family Residence PR Public and One Family Residence R2 One and Two Family Residence R3 Multi-Family Residence R4 Multi-Family Residence and Mobile Homes R5 Multi-Family Residence High Density B1 Neighborhood Business B2 General Business CI Heavy Commercial and Light Industry I General Industry PD Planned Development District All districts except R4, B1, and PD are located within the coastal area. For each district the ordinance specifies permitted uses, height and lot requirements, yard and maximum lot coverage requirements, off- street parking regulations, floor area requirements, and signage regulations. Supplementary regulations list provisions which regulate campers, trailers and mobile homes, inoperative vehicles, parking garages and gas stations, outdoor vending machines ind displays, -141- non-conforming buildings and uses and site plan review. Administrative procedures, including issuance of special permits, variances and appeals, plus stipulations on violations, penalties and amendments are also included. Subdivision regulations are listed in Chapter 31 of the city's Municipal Code. The zoning ordinance constitutes the city's foremost means of implementing and enforcing the Local Waterfront Revitalization Program. Existing development controls, administrative procedures and enforcement authority established in the ordinance are generally adequate to direct future land use patterns and development activities f or the city. Beyond provisions in the site plan review, no other means for regulatory protection of historic structures was deemed necessary. Deficiencies have been remedied by several ordinance revisions (see pp. 143-145). 2) Floodplain Regulation. A local ordinance to prevent flood damage in the flood zones of the City of Ogdensburg was adopted in 1980. The general purpose of this local ordinance was to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects4, (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, street and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; (7) to ensure that potential buyers are notified the property is in an area of special flood hazard; and (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their activities. The local ordinance incorporated the Flood Insurance Rate Maps promulgated by the Federal Insurance Administration and satisfied all of the basic floodplain management guidelines established by the Federal Emergency Management Agency (FEKA). In particular, these regulations provided for the administration of Development Permits (by the Director of Buildings and Assessment) for development in all special flood hazard areas, established general and specific con- struction standards for such development and included provisions for hearing and deciding upon appeals and variances. This local ordinance enforces the Local Waterfront- Revitalization Program by establishing development controls to operate in the flood -142- hazard areas noted in Section Two - Inventory and Analysis. Such controls implement floodplain management aspects of Polices 11, 14 and 17 (see Section Three). Erosion provisions of these Policies are not covered by these floodplain regulations. 3) Regulation of City Parks. Chapter 140 of the Municipal Code was adopted in 1980 and pertains to all park areas maintained, operated and controlled by the City of Ogdensburg through the jurisdiction of the Department of Parks and Recreation. Rules concerning hours of operation, camping, alcoholic beverages, fires, picnicking, permits and penalties are included. Use of the city marina is also regulated, with dockage limited to one 48-hour period with extensions granted by special permit. This law implements the local waterfront program by establishing controls over public recreational areas. These regulations support Policies 19 through 22 by ensuring the availability of public access and recreation facilities. 4) Regulation of Public and Private Sewers. Chapter 46 of the Municipal Code, amended and updated in 1980, regulates sanitary sewers. The ordinance requires that owners of any properties used for human occupancy install suitable toilet facilities and connect such facilities directly to the public sewer system. Where a public sanitary sewer is not available, the ordinance requires that the building's sewer connect to a private sewage disposal system complying with the provision of this ordinance. In addition, it restricts the substances which may be discharged into public sewers and prohibits the placement or deposition of unsanitary wastes on any property in the city except where suitable treatment has been provided. The ordinance also sets standards for industrial pretreatment and regulates industrial discharge permits. By controlling the use of public and private sewers this ordinance implements Policy 5 with respect to concentration of development, Policies 7A and 8 by controlling sewage and other contaminants in the St. Lawrence and Oswegatchie Rivers, and Policies 30, 31, 33, 37 and 38 with respect to protection of water resources in the St. Lawrence and Oswegatchie Rivers. Additional Local Laws and Regulations Adopted to Implement the LWRP. Because the city's existing local laws and regulations were not entirely adequate to implement the LWRP, specific amendments to the zoning ordinance and one new local ordinance have been adopted to provide the framework necessary for implementation of the LWRP. Each of these is described below. 1) Zoning Ordinance Amendments. The following amendments to the zoning ordinance have been adopted. -143- a) Waterfront Overlay District and Purposes statement. The Waterfront Overlay District is defined as the land and water area within the Ogdensburg Coastal Area Boundary, as identified in the LWRP. The purpose of this district is to assure that new development and redevelopment subject to site plan review shall be reviewed for compatibility with the policies and purposes of the LWRP. The district is not a substitute for existing land use districts and their provisions. It represents an additional level of review, superimposed on existing districts, that specifically relates to LWRP policies and purposes. b) Site plan review criteria including a provision stating that a project's conformance with the policies and purposes of the LWRP will be considered in the review, when the project is within the Waterfront Overlay District. 2) Zoning District Reclassifications. The following three areas have been rezoned (see Plate 16). a) Lighthouse Point. The Lighthouse Point area that area north of the arterial and east of the Mobil tank farm -- has been reclassified from General Industry (1) to Commercial/Industrial (CI). b) Area south of arterial bounded by Market and West River Streets. This irregularly shaped area, previously classified as General Industry (I) in conjunction with the Lighthouse Point area, has been rezoned as General Business (B2) to correspond with the adjacent B2 district immediately south. c) Former Augsbury tank farm. This parcel changed ownership in June, 1985, and future use of the parcel is uncertain. Since the city does not want the land used for industrial purposes in the future, they have rezoned the parcel from Commercial/ Industrial (CI) to General Business (B2). 3) LWRP Consistency Law. "A Local Law Establishing Consistency Requirements and Review Procedures for City Actions Involving the Local Waterfront Area" has been adopted to ensure implementation of the Local Waterfront Revitalization Program. This local law requires of each board, department, officer or other body of the city, that its actions to directly undertake or to permit, fund' or otherwise approve any project, use or activity within the waterfront be consistent to the maximum extent practicable with the applicable State and local policies established in the city's LWRP. -144- To this end, the local law establishes procedures for: a) initial review of proposed actions in a manner compatible with SEQRA requirements; b) providing advice and assistance to applicants (if involved) and/or the boards, departments, officers or other bodies of the city involved, regarding forms, procedures, etc., and; c) LWRP compliance and SEQRA review through the City Planning Board and the local lead agency, respectively. To facilitate the consistency review, a Waterfront Program Consistency Assessment Form has been adopted as part of the consistency law. See Appendix B, Waterfront Program Consistency Assessment Form. Thus, the amended zoning and site plan review regulations together with the local consistency law provide a comprehensive means of implementing all applicable coastal policies by requiring all proposed actions within the waterfront area to be consistent with the policies and purposes of the city's LWRP. -145- W 4-1 u 4-J .4 @4 14 I CA Ell (L) V) Lr) W Cd U () , a) 0 LU @I 41 0 CL pq > I Ea .1-4 cd, 11p A to CII U, r@4 r- Cd r-4 Q) ca V A r-4 z vi n 4-J 0 (1) r-4 "t U) (3) (1) -H .0 P9 -H ,P pw w H 41 w w ITI 40JC 0: a (c1d) 'HO C-K -0 "0 ca w 1-4 48 M@ -,U4' -t4 4-J U- ut > 41 r-4 9@ (a 4-J -W r-4 10 -4 -0 cd 0 1.-4 1 -r4 Cd a) Cd a) 0 P., rq H H lU 0 498 41 1 L) o 4-) r-4 4-) 4J 4-J A i. .n v 8- 4 P-1 4J 0 1714 1-4 Y-4 Al m pq u P9, 411 0.0 S,11EV 10 14 pct UP lAttl Ross" I no Sl Plo"' Still S1 S-11" OA, 'CA)\ ,Atli 'A'41E to, Q i All lon NI 0' 011 .4V VP ISIM.-IN 'Alt -7A W-Ali ma t Atli 0W, Q JIMP tAAI Sp PORO - 4-0 ALDAN y AVENUE St. L RE AV' WOOR 7", All on. N, C; 14 lo, .00, lo@ /C -@o o*e PUW STATION ST LAWRFMCE P y C CCM@tp 5 CpMiATR- --W4 V. Cm \0 co..t Act 0 fk 14 '10 to 16 :7-' OTHER PUBLIC AND PRIVATE ACTIONS In addition to the regulatory measures described in the preceding section, several other public and private actions will be necessary to assure implementation of the LWRP. Local Government Actions. City officials and staff will need to undertake the following actions and activities in order to implement various elements of the LWRP. 1) Grant Applications. To make the projects described in Section Four a reality, several State and federal grant applications will have to be prepared by the city or its consultant. See the "Financial Resources" discussion below for details on the financing of each proposed project. 2) Coordination. A significant level of coordination with various federal, State and local government agencies, community organizations and the private sector will be required to carry out the LWRP in an effective manner. Such coordination involves the following: a) consulting with agency representatives regarding grants, technical assistance, regulatory and permit considerations and general policies. (Involved agencies and consultation activities are discussed in greater detail in Sections Six and Seven, respectively); b) soliciting the cooperation and involvement of service- oriented community groups in promotional activities for waterfront revitalization; c) generating active participation of waterfront business owners to optimize the alignment of public and private revitalization, development and tourism interests, The LWRP's emphasis on consultation (described in Section Seven) and public/private cooperation illustrates the need for effective coordination. By stressing coordination as a public implementation action, its importance is recognized as essential to the implementation process. 3) Former Augsbury Tank Farm Study. Future use of this vacant waterfront parcel is uncertain because the property is currently in the process of being sold to new owners. Community concern is high over this property and no consensus has been reached on its proposed use at the date of this writing. A market feasibility study conducted on this property could help to determine its highest and best use. The study should include the property owner, city (City Council, Planning Board and LWRP Advisory Committee), and the OBPA, if interested, as involved participants. 4) Li hthouse Point Study. A large portion of this area is owned by the St. Lawrence County Industrial Development Agency and is currently up for sale. Several alternatives have been suggested for use of this large land area, and the ultimate use will likely include a -151- mix of such uses. Further study of this property is needed to determine its best use. 5) Project Lm2lementation Activities. The following actions will be necessary to undertake and complete the projects described in Section IV. (1) Randall Property a) preparation of landscaping and engineering specifications for recreational improvements to site b) application for grant funds for preconstruction and construction activities c) provision of in-kind services by city staff (manager, planner, engineer, recreation department and DPW) for project planning and construction d) coordination with outside funding agencies and firms involved in project implementation. (2) Oswegatchie shoreline (east) recreational improvements a) preparation of landscaping and engineering specifications for shoreline improvements b) application for grant funds for preconstruction and construction activities C) provision of in-kind services by city staff (manager, planner, engineer, recreation department and DPW) for project planning and construction d) coordination with outside funding agencies, if any, and agencies associated with the Ogdensburg Dam project. (3) Oswegatchie shoreline (west) rehabilitation projects a) continued administration of Community Development Block Grant funds through the City Office of Rehabilitation and Development (CORD) and coordination with U.S. Department of Housing and Urban Development (HUD) b) coordination with west shoreline property owners and other involved parties in potential redevelopment of Ogdensburg Dam and other potential activities. (4) Lake Street Bridge improvements a) provision of in-kind services from city departments and city revenues for project planning and improvements to bridge (as cited in Section Four, p. 129). (5) Ogdensburg Dam renovation a) continued study of project feasibility by city, consultants, Niagara Mohawk and FERC -152- b) preparation of engineering specifications for power generation facilities, and engineering and landscaping and architectural specifications for recreational improvements and potential waterworks building renovation c) arrangement for financial package for project and provision of in-kind services by city staff for project planning and implementation. d) coordination with outside funding agencies and firms involved in project implementation. (6a) Lighthouse Point aquarium study a) continued participation in feasibility study in conjunction with State University at Potsdam and regional executive committee b) pending outcome of feasibility study and site selection, coordination with involved agencies in project planning and implementation. (6b) Lighthouse Point archaeological study a) coordination with landowne rs and project participants in carrying out archaeological research and dig to determine fort site b) provision of in-kind services by city staff as needed. (7) St. Lawrence County solid waste disposal facility a) coordination with DEC, St. Lawrence County, SWDA, the county EMC, and project contractors in planning and construction of solid waste facility b) provision of in-kind services by city staff for project planning, construction and operation. (8) Ogdensburg Bridge and Port Authority projects a) coordination with OBPA on current and future projects including: - marine expansion - Commerce Park expansion - foreign trade zone development. 6) Ogdensburg Comprehensive Plan update. The city's existing comprehensive plan dates from 1970. The Planning Board has recently started work on updating this plan. While completion of the updated plan is not necessary for implementation of the LWRP, the city should insure that any revisions reflect the policies, uses, and projects cited in the LWRP. Revisions in the comprehensive plan may make changes in the zoning ordinance necessary. The same caution must be exercised in making zoning changes. r153- 7) Public Access Easements. An additional option the city may pursue includes the acquisition, through purchase or donation, of public access easements along the shoreline. An easement is a legal agreement between a property owner and the holder of the easement which governs the current and future owners' treatment of the property. A public access easement would protect the shoreline area as open space for public recreational uses and scenic viewing. The valuation of easements must be professionally appraised and terms of the easements should be drafted by legal counsel familiar with current tax laws. The Local Waterfront Revitalization Program Advisory Committee has recommended that the city acquire easement(s) for a strip of land along the shoreline from the western edge of the Port Authority property at the marine terminal to the Customs House. The purpose of the easements(s) would be to maintain public access to the shoreline. The majority of this area is already owned by the city. It would be necessary to negotiate easements with three private owners in order to provide continuous shoreline access between these points. Since the city, as a public agency, would be the holder of the easement(s), it would be necessary for the city to establish an easement program to study and carry out the required procedures. Other areas in the city, such as sections of Lighthouse Point, might also be studied as sites for future easement(s). 8) Feasibility a d Location Study for Additional Marina Facilities. The need for additional public or private marina and dockage facilities in the Ogdensburg coastal area seems apparent. Current facilities are few and are often utilized to capacity. A demand analysis should be done for the type of project and sites studied for location of this type of facility (see pp. 34-36). Private Actions. Several of the above mentioned projects will require participation and cooperation of the private sector. Those .projects specifically involving the private sector include: the Oswegatchie shoreline (west) rehabilitation projects, Lighthouse Point studies and projects, the Ogdensburg Dam project, the former Augsbury tank farm property, and acquisition 'and/or donation of public access easements. MANAGEMENT STRUCTURE The Mayor and the City Council shall be, respectively, the local official and the lead agency responsible for this waterfront program. More specifically, the roles of these and other parties are as follows: Mayor -- Provide overall program supervision and management. City Council Members -- Execute program responsibilities, in coordination with Mayor, for such items as coordination with volunteer and private organizations, and local government cooperation. -154- City Manager -- As chief executive officer responsible to City Council, provide direct supervision of all city affairs relating to program policies, uses and projects. City Clerk -- Handle correspondence, communications and record keeping for city government actions pertaining to the waterfront. City Comptroller -- Serve as chief fiscal officer in providing fiscal management for city government actions pertaining to the waterfront. Director of Plannin@ and Development -- Work with City Manager, city departments and boards, and the public in providing direction in the execution of program policies, uses and projects. Planning Board -- Provide advice and assistance to the City Council and the public in prioritizing program projects and activities; provide input to the City Council on the compatibility of waterfront activities with program policies and objectives; review and approve site plans for new development within the waterfront; participate in consistency reviews in conjunction with lead agency reviews. Zoning Board of Appeals -- Hear and render decisions on variances, special permits., and appeals from any requirement or determination made by the Director of Buildings and Assessment pertaining to the waterfront. City Engineer -- Provide technical coordination and assistance as needed on program uses and projects. Director of Buildings and Assessment -- Provide initial review of proposed coastal area development proposals to determine compliance with the city zoning ordinance; work with City Planning Board and lead agency in expediting all necessary reviews; issue permits; and enforce zoning ordinance. Director of Public Works -- Manage, maintain and operate all public works and physical properties pertaining to the waterfront. Director of Parks and Recreation -- Provide assistance to City Manager and City Council in planning and executing recreational programs and development of recreational facilities pertaining to the waterfront. Recreation Commission -- Serve in an advisory capacity to the Director of Parks and Recreation in planning and executing recreational programs and development of recreational facilities pertaining to the waterfront. City Office of Rehabilitation and Development _(CORD) -- Execute community development and housing rehabilitation programs pertaining to the waterfront. -155- Ogdensburg Housing Authority Development and program coordination for assisted housing within the waterfront. Ogdensburg Chamber of Commerce -- Coordinate merchant and private sector involvement in the LWRP, assist in soliciting donations for smaller waterfront projects, and promote public and private interest and support for revitalization activities. COMPLIANCE PROCEDURES In general, the city's procedures for assuring compliance with the coastal policies of its LWRP consist of the administration and enforcement of zoning (including site plan review and the Overlay District), the consistency law, and other local laws applicable to its waterfront, in conjunction with the environmental reviews required by the State Environmental Quality Review Act (SEQRA) and its, implementing regulations (6 NYCRR, Park 617). The basic premise of compliance is that legally, the city should be no less consistent with its LWRP than State and federal agencies are already required to be by their respective laws. The Waterfront Overlay District and amendments to the zoning ordinance for site plan review will provide consistency with the LWRP for local approvals of private actions. Each action by the city to fund, undertake, permit or otherwise approve' a project or activity in its waterfront will be processed as follows: Initial Review. Following regulations listed in 6 NYCRR, Part 617.5, the Director of Buildings and Assessment will review each project or activity in consultation with the applicant and/or other involved parties. This review will identify: 1. all city actions required (permits, funding or approvals) and the board, department, officer or other body responsible for the actions; 2. whether the actions are Type I or Unlisted Actions and therefore subject to the provisions of SEQRA; 3. whether the actions might conflict with the LWRP; and 4. any other agencies that may be involved. Advice and Assistance. The Director of Buildings and Assessment will advise the applicant and/or other involved parties regarding the initial review, required forms and further procedures to be followed. In addition, the Director of Buildings and Assessment will provide assistance in the preparation of: 1. city application forms (if applicable); 2. Environmental Assessment Forms (EAF's) for all Type I and Unlisted Actions; and -156- 3. Coastal Assessment Forms (CAF's) for actions subject to SEQR involving permits, funding or approvals from State or federal agencies. SEQR and LWRP Compliance Review. Upon receipt of completed EAF's (and CAF's, if applicable) and, if appropriate, city application forms, the Director of Buildings and Assessment will immediately initiate procedures pertaining to lead agency designation and determination of significance in accordance with 6 NYCRR Parts 617.6 and 617.7. In the majority of cases, where the impact of the project is primarily local, the City Council will serve as lead agency. At the same time, if any actions are determined in the initial review to involve potential conflicts with the policies and proposes of the LWRP, they will be referred to the Planning Board for compliance review as follows: 1. The Planning Board will, within thirty (30) days from the date of referral, prepare a written report to the lead agency describing specific conflicts involved, if any, and recommend approval, approval with modifications (to mitigate the conflicts) or denial (to avoid the conflicts). 2. In making such recommendations, the Planning Board will consult, as needed, with the applicant, the lead agency, and/or other involved agencies. 3. If the action would be subject to site plan approval by the Planning Board, then that board shall integrate the compliance review with the site plan review procedures to the maximum possible extent, provided that the provisions of SEQRA have been satisfied before taking action on such site plans. 4. All other boards, departments, officers or other bodies shall include the Planning Board's LWRP compliance review recommendations as well as SEQR determinations in rendering decisions, whether taking actions as lead agencies or as involved agencies. FEDERAL AND STATE CONSISTENCY The process for local review of State and federal actions for consistency with the LWRP will generally follow that for compliance review, except that in all cases the City Council will make the final decision in judging the consistency of such actions. Specifically, the following procedures will be followed. Initial Review. The Director of Buildings and Assessment reviews the proposed actions in comparison to the LWRP. Based on such review, the Director of Buildings and Assessment will: 1. advise the City Council as to whether the proposed actions are consistent, inconsistent or of uncertain consistency. 2. refer actions that are or may be inconsistent to the Planning Board for its review and comment. -157- Consistency Review. Within thirty (30) days of such referrals, the Planning Board will prepare a written report for the City Council describing specific reasons for inconsistency, if any. Consistency Advisement. The City Council, with due consideration given to the Planning Board's written report, will advise the Secretary of State and the particular State or federal agency involved of any actions it deems inconsistent with the LWRP and the reasons therefore. Specific guidelines on how consistency reviews will be coordinated for State and federal agency actions are listed in detail in Appendix C, "Guidelines for Notification and Review of State Agency Actions Where Local Waterfront Revitalization Programs Are in Effect," and Appendix D, "Procedural Guidelines for Coordinating NYS Department of State and Local Waterfront Revitalization Program Consistency Review of Federal Agency Actions." FINANCIAL RESOURCES (1) Randall proper@x. The city received an $18,750 grant from the NYS Division for Housing and Community Renewal, Neighborhood Park Land Acquisition Program to acquire and develop this property for recreational use. A NYS Department of State LWRP implementation grant could. be utilized to fund 8OZ of the cost of design and engineering plans for the proposed recreational improvements on this site. Construction of the facilities could be funded in part by a U.S. Department of the Interior, Land and Water Conservation Fund (LWCF) grant administered through the NYS Office of Parks, Recreation & Historic Preservation (OPR&HP). This grant, in which OPR&HP pays 50% and the locality pays 50%, may be used for. outdoor recreational improvements. Municipal funds (general revenues) and/or in-kind services should also be applied towards this project. (Total project cost estimate, as listed in Section Four, p. 127, is $46,200.) (2) Oswegatchie shoreline (east) recreational improvements. Eighty percent of the necessary preconstruction costs for this project are eligible for funding through the NYS Department of State implementation grants. Similarly a Land and Water Conservation Fund grant could be utilized to cover up to 50% of the project construction costs. The city's 1982 CDBG (Small Cities) grant contains $47,000 for shoreline improvements. Approval of a request to the Department of Housing and Urgan Development to amend the application of these funds from the west to the east bank of the Oswegatchie River, will allow these funds to be applied to this project. Also, if the Ogdensburg Dam is redeveloped, a portion of the $350,000 slated for recreational improvements in that project will be directly applicable to this project. Municipal revenues and in-kind services may also be utilized in this project, if needed. (Total project cost estimate, as listed in Section Four, p. 128, is $151,000.) (3) Oswegatchie shoreline (west) rehabilitation projects. Section Four, pp. 128-129, lists the projects and respective funding -158- amounts yet to be expended in the west side CDBG target area. These expenditures totalling approximately $159,000 will deplete a $750,000 CDBG grant acquired in 1982 for the west side target area. The city, through its Office of Rehabilitation and Development (CORD) administers a revolving loan program which will continue to finance improvements to homeowner and rental units in this area. Additional funds for improvements in this area will come from general city revenues and in-kind services. (4) Lake Street Bridge improvements. The 1982 CDBG grant contained funds to provide improvements to the Lake Street Bridge. Approximately $53,000 of these funds remain to be expended. This amount will be adequate to provide general maintenance and finish painting the bridge. Future improvements as needed, will be funded through city revenues and in-kind services. (5) Ogdensburg Dam renovation. This proposed $7 million project is still in the preliminary planning stages, so detailed funding information is not available at this time. In April 1985, the City Council voted to begin work on creating a funding package for this project. Current projections indicate the city will fund $1 million to $1.5 million from general obligation bonds to complete the necessary studies, engineering and design work. It is possible that the remaining amount will be raised through revenue bonds. (6) Lighthouse Point projects. a. A $51,000 feasibility study is being funded by the State University College at Potsdam, and three communities who have contributed $5,000 each (Ogdensburg, Massena and Waddington). The St. Lawrence-Eas tern Ontario Commission is also contributing $20,000 in in-kind services for this study. Future details on funding for the project will await the outcome of the feasibility study. b. The extent and duration of an archaeological dig would determine the cost of such a project. The State University College at Potsdam will sponsor a student in the summer of 1985 to do preliminary archaeological testing in the fort site. Results from this testing should provide a good indication of the need for future archaeological research and testing. Funds for long range plans and programs for improvements of an educational and recreational nature could be acquired through LWRP implementation grants, Land and Water Conservation Fund grants, the NYS Council on the Arts, and the NYS Council on the Humanities. (7) St. Lawrence County solid waste disposal facility. See Section Four, p. 130, for project cost estimates and funding sources. Further detail is unavailable at this time. (8) Ogdensburg Bridge and Port Authority development projects. See Section Four, p. 130, and Section Two, pp. 29-31, for information on costs for the port marine expansion program. -159- (9) Feasibility and location study for additional marina facilities. A percentage of the costs for this study could be derived from NYS Department of State implementation grants. Assistance from the NYS Department of Environmental Conservation and the 'U.S. Army Corps of Engineers is also a possibility. SUMMARY OF ACTIONS TO IMPLEMENT LWRP POLICIES POLICIES IMPLEMENTED ACTIONS Developmental Policies These policies will be implemented G, 1A, 1B, 2, 3, 5, 6) through enforcement of the city's zoning ordinance which controls new development and expansion or use changes of existing structures. Applicable controls include flood control regulations, land use district regulations, site plan review, and supplemental use regulations. The Waterfront Overlay District and site plan review amendments, the LWRP Consistency Law, and pursuit of grants to develop waterfront parcels and facilities will also carry out these policies. Development or improvements at several deteriorated and/or underutilized areas cited in the LW`RP will serve to implement these policies. Fish and Wildlife Policies In some situations (i.e., new (7A, 8, 9) development requiring a land use district change), these policies will be implemented by the city's zoning ordinance, site plan reviews and LVRP consistency law. More often, though, the permit and project review procedure of other levels of government will apply (DEC, US. Army Corps of Engineers and SLEOC, for example.) Flooding and Erosion Policies These policies will be implemented (11, 12, 13, 14, 16, 17) through the city's flood control regulations, Waterfront Overlay District and site plan review amendments and the LWRP Consistency Law. -160- General Policy This policy will be enforced by a combination of all tools mentioned for the previous policies. Public Access and Pursuit of grants and development Recreation Policies of waterfront access and (19, 19A, 20, 21, 21A, recreational property will 22, 22A, 23) obviously implementthese policies. To a lesser degree, enforcement of the zoning ordinance, the Overlay District, and site plan review and the LWRP Consistency Law will also implement these policies. Scenic Resource Policies Enforcement of zoning ordinance (25, 25A) regulations, and the LWRP Consistency Law and Overlay District will implement these policies. Energy and Ice This policy will be implemented Management Policies through the New York SEQR Law, (27A, 28) the local LI%TRP Consistency Law, and project review procedures at higher levels of government. Water and Air The policies will be implemented Resources Policies through local, State, and federal (30, 31, 33, 34, 35, 36, consistency requirements, and 37, 38, 39, 40, 41, 44) through permit and project review procedures at the regional, State and federal levels. -161- 0 SECTION SIX STATE AND FEDERAL ACTIONS AND PROGRAMS LIKELY TO AFFECT IMPLEMENTATION 0 0 SECTION SIX STATE AND FEDERAL ACTIONS AND PROGRAMS LIKELY TO AFFECT IMPLEMENTATION State and Federal actions will affect and be affected by implementation of the LWRP. Under State law and the Federal Coastal Zone Management Act, certain State and Federal actions within or affecting the local waterfront area must be "consistent" or "consistent to the maximum extent practicable" with the enforceable policies and purposed of the LWRP. This makes the LWRP a unique, intergovernmental mechanism for setting policy and making decisions. While consistency requirements primarily help prevent detrimental actions from occurring and help ensure that future options are not foreclosed needlessly, active participation on the part 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 implement 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; that the consistency provisions refered to above, may not apply; and that the consistency requirements cannot 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 Sections IV and V, which also discuss State and Federal assistance needed to implement the LWRP. -165- A. State and Federal Actions and Programs Which Should Be Undertaken in a Manner Consistent with the LWRP 1. State Agencies OFFICE 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 programs. 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 ALBANY PORT DISTRICT COMMISSIO N [regiona 1 agency] 1.00 Acquisition, disposition, lease, 'grant of easement and other activities related to the management of land under the jurisdiction of the Commission. 2.00 Facilities construction, rehabilitation, expansion, or demolition. 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 -166- 1.14 Liquor Store License 1.15 On-Premises Liquor License 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 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 Certificate (Licensed Lender Change of Location) 1.13 Authorization Certificate (Mutual Trust Company Charter) -167- 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) 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 NEW YORK STATE BRIDGE 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. BUFFALO AND FORT ERIE PUBLIC BRIDGE 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. CAPITAL DISTRICT 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. -168- 2.00 Facilities construction, rehabilitation, expansion, or demolition. 3.00 Increases in special fares for transportation services to public water-related recreation resources. CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY freg'I 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. 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 Certificate 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 Wholesaler of Drugs and/or Devices 2.07 Registered Wholesaler-Repacker of Drugs and/or Devices 2.08 Storekeeper's Certificate -169- ENERGY PLANNING BOARD AND ENERGY OFFICE 1.00 Preparation and revision of the State Energy Master Plan. NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY 1.00 Issuance of revenue bonds to finance pollution abatement modifications in power-generation facilities and various energy projects. DEPART14ENT OF ENVIRONMENTAL CONSERVATION 1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of lands under the jurisdiction 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 -170- 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 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 -171- 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 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 36, (Construction in Flood Hazard Areas) 9.63 Permit for State Agency Activities for Development in Coastal Erosion Hazards Areas 9.64 Permit Granted (for Use of State Maintained Flood Control Land) 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. -172- 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. 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 or 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 is 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 -173- 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 COMMUNITY RENEWAL and its subsidiaries and affiliates 1.00 Facilities construction, rehabilitation, expansion, or demolition. 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. INTERSTATE SANITATION COMMISSION [regional agency] 1.00 Adoption and enforcement of air and water pollution standards within the Interstate Sanitation District. JOB DEVELOPMENT AUTHORITY 1.00 Financing assistance programs for commercial and industrial facilities. -174- MEDICAL 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 MENTAL RETARDATION AND DEVELOPMENT DISABILITIES 1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities. 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 METROPOLITAN TRANSPORTATION AUTHORITY (regional agency] 1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities. 2.00 Increases in special fares for transportation services to public- water-related recreation resources or facilities. 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. NEW YORK CITY TRANSIT AUTHORITY [regional agency] 1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities. 2.00 Increases in special fares for transportat ion services to public water-related recreation resources or facilities. _11b_ NIAGARA FALLS BRIDGE COMMISSION (regional agency] 1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the Commission. 2.00 Facilities construction, rehabilitation, expansion, or demolition. 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. OGDENSBURG BRIDGE AND PORT 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. OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (including Regional State Park Commissions) 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. -176- 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 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 programs. 10.00 Urban Cultural Parks Program. PORT AUTHORITY OF NEW YORK AND NEW JERSEY (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 Waterfront development project activities. PORT OF OSWEGO 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. 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. ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY freg'l agency] 1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the Authority. -177- 2.00 Facilities construction, rehabilitation, expansion, or demolition. 3.00 Increases in special fares for transportation services to public water-related recreation resources. 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 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. -178- STATE UNIVERSITY 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 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(Substances Abuse Services Program) THOUSAND ISLANDS BRIDGE 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. 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 DEPARTMENT OF TRANSPORTATION 1.00 Acquistion, 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: -179- (a) Highways and parkways (b) Bridges on the State highways system 0 (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 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. -180- URBAN DEVELOPMENT CORPORATION and its subsidiaries and affiliates 1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the Corporation. 2.00 Construction, rehabilitation, expansion, or demolition of residential, commercial, 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 W 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 and the funding or approval of such activities. 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, breakwaters, 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, transprotation or other facilities). -181- 5.00 Plans, procedures and facilities for landing or storage use zones. 6.00 Establishment of impact, compatability 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. National Park Service 2.00 National Park and Seashore management and proposed acquisitions. DEPARTMENT OF TRANSPORTATION Amtrak, Conrail 1.00 Expansions, curtailments, new construction, upgradings or abandonments of 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). -182- 4.00 Expansion, abandonment, designation or anchorages, lightering 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, incuding traffic safety, traffic control and length of navigation season. 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. 4041 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.). -183- DEPARTMENT OF ENERGY Economic Regulatory Commission 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 Regulatory 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)). 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)). ENVIRONMENTAL 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)). -184- Mineral Management Service 2.00 Permits to drill, rights of use and easements for construction and maintenance of pipelines, gathering and flow 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. INTERSTATE COMMERCE COK14ISSION 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 certification of the siting, construction and operation of nuclear power plans pursuant to Atomic Energy Act of 1954, Title Il 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* DEPARTMENT 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 -185- 10.411 Rural Housing Site Loans 10.413 Recreation Facility Loans 10.414 Resource Conservation and Development Loans 10.415 Rural Rental Housing Loans 10.416 Soil and Water Loans 10.418 Water and Waste Disposal Systems for Rural Communities 10.419 Watershed Protection and Flood Prevention Loans 10.422 Business and Industrial Loans 10.423 Community Facilities 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. 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 Demonstration Grants and Cooperative Agreements Program 11.501 Development and Promotion of Ports and Intermodal Transportation 11.509 Development and Promotion of Domestic Waterborne Transport Systems DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 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 -186- 14.127 Mortgage Insurance - Mobile Home Parks 14.218 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 15.951 Water Resources Research and Technology - Assistance to State Institutes 15.592 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 ADMINISTRAITON 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) -187- 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 Managment 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. -188- STATE AND FEDERAL ACTIONS AND PROGRAMS WHICH ARE NECESSARY TO FURTHER THE LWRP STATE ACTIONS AND PROGRAMS DEPARTMENT OF COMMERCE 1. Provision of funding and assistance for development and promotion of local tourism, including Seaway Trail and Adirondack North Country Association (ANCA) programs and activities in the Ogdensburg coastal area. DEPARTMENT OF CORRECTIONAL SERVICES 1. Continued coordination with the city and St. Lawrence Psychiatric Center in future development and activities of the Ogdensburg Correctional Facility. DEPARTMENT OF ENVIRONMENTAL CONSERVATION 1. Planning, development, construction, major renovation or expansion of facilities. 2. Administration of permits and approvals. 3. Implementation of the Environmental Quality Bond Act of 1972. 4. Provision of operating aid to municipal wastewater treatment facilities. 5. Administration of funding for resource recovery and management capital projects. DIVISION OF HOUSING AND COMMUNITY RENEWAL 1. Continued funding under the Rural Area Preservation Program as administered by the Association for Neighborhood Rehabilitation (ANR). DEPARTMENT OF MENTAL HYGIENE, OFFICE OF MENTAL HEALTH 1. Continued coordination with city, county and Ogdensburg Correctional Facility on future development projects and activities concerning the St. Lawrence Psychiatric Center including the solid waste disposal facility and controlled public access to the Center grounds. DEPARTMENT OF STATE 1. Provision of funding and assistance for implementation of an approved LWRP. -189- DEPARTMENT OF TRANSPORTATION 1. Continued funding and assistance for Ogdensburg Bridge and Port Authority programs and projects. 2. Provision of funding and assistance for general design and construction as needed including renovation of the Spring Street Bridge. JOB DEVELOPMENT AUTHORITY 1. Provision of assistance and low-interest mortgage loans to finance commercial and industrial facilities at Commerce Park and other locations as identified. OGDENSBURG BRIDGE AND PORT AUTHORITY 1. Continued work on OBPA projects including development of port and rail facilities. 2. Continued work along with the city on the use of Foreign Trade Zone incentives and expansion of Commerce Park. OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION 1. Provision of funds from the Land and Water Conservation Fund. 2. Provision of planning, funding, and development of recreation services programs. 3. Nomination of properties to the State and National Registers of Historic Places. 4. Provision of funding for State and local historic preservation activities. 5. Project review of State and federal agency projects affecting National Register properties including the proposed relocation of the State Street Post Office facility. ST. LAWRENCE-EASTERN ONTARIO COMMISSION 1. Review and recommendations on waterfront projects. 2. Provision of funds or technical assistance for the LWRP implementation. SUNY COLLEGE AT POTSDAM 1. Provision of technical assistance, funds and/or in-kind services for waterfront projects including the St. Lawrence aquarium feasibility study, archaeological studies and other tourist related development. _190- FEDERAL ACTIONS AND PROGRAMS DEPARTMENT OF AGRICULTURE, FARMERS HOME ADMINISTRATION 1. Negotiations with St. Lawrence County Industrial Development Agency concerning indebtedness on loan for Lighthouse Point property. DEPARTMENT OF DEFENSE, U.S. ARMY CORPS OF ENGINEERS 1. Permit decisions and assistance with funding regarding dredging or development along the St. Lawrence and Oswegatchie River shoreline and at the Ogdensburg Bridge and Port Authority marine facilities. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. Continued funding and assistance as requested through the Community Development Block Grant/Small Cities program and the Urban Development Action Grant program. DEPARTMENT OF THE INTERIOR 1. Provision for funding under the Land and Water Conservation Fund program. 2. Provision for funding under the Historic Preservation Grants-in-Aid program..*when available. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE 1. Provision of investment tax credits for qualified building rehabilitation. -191- --- @ 0 SECTION SEVEN CONSMATION WITH OTHER AGENCIES 0 0 SECTION SEVEN CONSULTATION WITH OTHER AGENCIES Several government agencies and local organizations have been consulted during the preparation of this waterfront program. Consultation during the preparation of the draft LWRP involved correspondence, telephone contacts and/or meetings with representatives of those agencies and organizations most likely to affect or be affected by the local program. The agencies and groups listed below provided essential background information, advice, and details about potential funding sources, programs, or regulations which they administer. Federal Agencies Department of Commerce - Office of Coastal Zone Management Department of Defense - U.S. Army Corps of Engineers Department of Housing and Urban Development Department of Transportation - U.S. Coast Guard Seaway Development Corporation State Agencies Department of Correctional Services, Ogdensburg Correctional Facility Department of Environmental Conservation Department of Health Department of State Department of Transportation Division of Housing and Community Renewal Office of Mental Health, St. Lawrence Psychiatric Center Office of Parks, Recreation and Historic Preservation Ogdensburg Bridge and Port Authority St. Lawrence-Eastern Ontario Commission SUNY College of Environmental Science & Forestry, Syracuse SUNY College at Potsdam Local Agencies or Groups City of Ogdensburg - City Manager - Director of Planning and Development - City Engineer - Director of Buildings and Assessment - Director of Public Works - Director of Parks and Recreation - Office of Rehabilitation and Development - Planning Board - Local Waterfront Revitalization Advisory Committee -195- Ogdensburg Chamber of Commerce Remington Art Museum St. Lawrence County Environmental Management Council St. Lawrence County Industrial Development Agency St. Lawrence County Planning Department Town of Oswegatchie Town of Lisbon St. Lawrence Seaway Development Authority The completed draft LWRP (and Draf t Environmental Impact Statement) was adopted by the City Council and forwarded to the Secretary of State for review. At that time, the local program was available for review and comment by all affected government agencies and other interested parties. Since the NYS Department of State coordinated the federal and State reviews, only those affected regional and local government agencies and other local organizations were consulted directly by the city. Review comments on the draft LWRP and DEIS received at public hearings and/or in writing were analyzed by the City Council, Local Waterfront Revitalization Advisory Committee and program staff. Upon receiving all comments the City, as lead agency, prepared a Final Environmental Impact Statement (FEIS) which provided responses to all comments. Based on the FEIS, the final LWRP was prepared. -196- 0 SECTION EIGHT LOCAL COMMITMENT 0 0 SECTION EIGHT 0 LOCAL COMMITMENT To insure that the needs and desires of the community were reflected in the local program, in mid-1983 the Mayor of Ogdensburg established a Local Waterfront Revitalization Advisory Committee. The seven-member Ogdensburg Planning Board constituted the core of the Waterfront Advisory Committee. The City Council also appointed seven additional members from the city at large. Together, these fourteen members represented a cross section of the Ogdensburg community and included people associated with the Chamber of Commerce, Ogdensburg Charlestown Mall, Ogdensburg Correctional Facility, Ogdensburg Bridge and Port Authority, the Augsbury Corporation, the Remington Museum, the St. Lawrence County Environmental Management Council, and waterfront businesses and landowners. The city's Director of Planning and Development served as an ex-officio member of the committee. This committ 'ee held numerous meetings over two and one-half years to discuss and review sections of the program as they were drafted. Recommendations of the committee on completed sections were transmitted to the City Council for consideration by the Mayor and Councilors. The Advisory Committee and the City Council provided significant contributions of time, interest and expertise in the preparation of the LWRP. Citizen input improved the data base, verified program information, and identified critical waterfront issues, problems, and projects. All meetings were held in City Hall and were open to the public. The local radio station and one or both of the local daily newspapers frequently attended the meetings. Media coverage concerning the Local Waterfront Revitalization Program was often extensive and served to inform the general populace about the program. Following the completion of the draft LWRP, the Advisory Committee formally approved the draft and forwarded it to the City Council. Upon approval by the City Council, the draft document, including the draft EIS, were submitted to the NYS Department of State for distribution to federal and State agencies for a 60-day review period, as required by Executive Law, Article 42. At the same time, the draft documents were filed and distributed as required by the SEQRA. As a result, there were a number of comments received from which further revisions and refinements needed in the LWRP were identified. These revisions and refinements were described in the final EIS and incorporated into the final LWRP document. The final program document, then, was adopted by the City Council and submitted to the NYS Secretary of State for approval. _199- 0 APPENDIX A 0 0 FISH AND WILDLIFE RESOURCES OF THE OGDENSBURG COASTAL AREA le 1. Fish of the Ogdensburg Harbor project area. Dunning et Common Name Scientific Name USFWS-1977) al. (1978) Bowfin Amia calva. x Alewife Alosa pseudoharencus x Gizzard shad To-rosoma cepedianum x x Rainbow smel t Osmerus mordax x Northern pike Esox lucius x x Muskellunge Esox mascuinonov x Common carp Cyorinus carpio x x Golden shiner Notemiconus chrysoleucas x x Spottail shiner Notroois hudsonius x x Bluntnose minnow Pineohales notatus x Fallfish Semotilus corooralis x White sucker Catostomus corrmersoni x x Silver red,horse Moxostoma anisurum x x Shorhead redhorse Moxostoma macroleoidotum x Greater redhorse Moxostoma valenciennesi x Brown bullhead Ictalurus nebulosus x x Chanel catfish Ictalurus punctatus x 1 nded killifish Fundulus diaphanus x 00ok stickleback Culaea inconstans x Threespine stickleback Gasterosteus aculeatus x White perch Morone americana x x Rock bass Ambloolites rucestris x x Pumpkinseed Leoomis gibbosus x x Bluegill Ue-oomls macrochirus x Smallmouth bass Microoterus dolomieui x x Largemouth bass Microoterus salm-oides x Black crappie Pomoxis niaromaculatus x x Fantail darter Etheoszorna flabellare x Johnny darter Etheostoma nicrum x Tessellated darter Etheostoma olmstedi x Yellow perch Perca flavescens x x Walleye Stizostedion vitreum vitreum x Mottled sculpin Cottus bairdi x Slimy sculpin Cottus cognatus A-1 Table 2. Birds observed in the area of the Ogdensburg Harbor Project site. 1 2 3 Common Name Scientific Name Fall '76 Winter '76/'77 Spring '77 Suir Common loon Gavia immer X X Horned grebe odiceps auritus X X Pied-billed grebe Podilymbus podiceps X X Double-crested cormorant Phalacrocorax auritus X Great blue heron Ardea herodias X X Green heron Butorides striatus X X American bittern Botaurus lentiginosus X X Canada goose Branta canadensis X X Brant Branta bernicla X X Mallard Anas pl a tyrhynchos X X Black duck T _n -as rubripes X X X Gadwall Anas.strepera X X Pintail as acuta X X Green-winged teal Anas crecca X X Blue-winged teal Anas discors X X American widgeon Anas americana X X Northern shoveler Wnas FIyPeata X X Wod duck Aix sponsa X X Redhead ameri cana X X Ring-necked duck o I I a r i s X X Canvasback y Lha yalisineria. X X Greater scaup LI y a mari 1 a Lesser scaup Aythya affinis X X X Cooon goldeneye ghala Elangpla X X X Barrow's goldeneye Bucephala islandica Bufflehead Bepjla Ibeola X X Oldsquaw I s X X White-winged scoter Malanitta deqlandi X X Surf scoter KIITE a t a X Black scoter A`anitta niLa qX Ruddy duck OxyuEa. Jamaicensis. X X Hooded merganser Lopilodytes cucullatus. X X Coion merganser Mergus mergan er X X X Red-breasted merganser ergus serrato-r X X Table 2. (Continued) 1 2 3 Connon Name Scientific Name Fall 176 Winter '76/177 Spring '77 Pileated woodpecker Dryocopus ptleatus Hairy woodpecker Picoides villosus Downy woodpecker Picoides pubescens Eastern kingbird Tyrannus tyrannus x Eastern peewee Contopus virens x Tree swallow Iridoprocne bicolor x swallow Riparia riparia x x lh-winged swallow Stelgidopteryx ruficollis x rn swallow Hirundo rustica swallow Petrochelidon pyrrhonota x Purple martin Progne subis x Blue Jay Cyanocitta cristata x x Connon crow Corvus brachyrhynchos x Black-capped chickadee Parus atricapillus White-breasted nuthatch Sitta carolinensis House wren frogloTytes aedon x Gray catbird Dumetella carolinensis x herican robin Turdus migratorius x Wood thrush Hylocichla mustelina x Cedar waxwing Bonibycilla cedrorum x Northern shrike Lanius excubitor Starling Sturnus vulgaris x Yellow warbler Dendroica petechia x Covion yellowthroat Geothlypis trichas x American redstart Setophaga ruticilla x House sparrow Passer domesticus x Red-winged blackbird Agelaius phoeniceus x Northern oriole Icterus galbula x Evening grosbeak Hesperiphona vespertina Vine grosbeak Pinicola enucleator Comion redpol I Carduelis flammea hnerican goldfinch Carduelis tristis. x Northern junco Junco hyemalis Table 2. (Continued) 1 2 3 Coianon Name Scientific Name Fall '76 Winter '76/'77 Spring '77 S Northern goshawk Accipiter gentilis Red-tailed hawk Buteo jamaicensis x Rough-legged hawk lagopus Bald eagle Haliaeetus leucocephalus Merican kestrel Falco sparverius x Ruffed grouse umbellus Aerican coot Fulica americana x x Semipalmated plover Charadrius semipalmatus x x Olldeer Charaddu ociferus x x Black-bellied plover Pluvialis squatarola x x Ruddy turnstone Arenaria interpres x x herican woodcock Philohela minor x x Comion snipe Capella gallinago x x Spotted sandpiper Actitis macularia x x > Solitary sandpiper Tringa solitaria x x Greater yellowlegs jin melanoleuca x x Lesser yellowlegs Tri_A. flavips x x Pectoral sandpiper Calidris melanotos x x ,Least sandpiper C a 1 i d r i s Tdin -DU f 1a x x Seipalmated sandpiper ra I i r i s E sff Ca x x Sanderling Calidris alba x x Glaucous gull Larus hyperboreus x x Iceland gull Larus qlaucoi es x x Great black-backed gull Larus marinus x x x Herring gull Larus ar entatus x x Ring-billed gull Larus delawarensis x x Bonapartes-gull Larus hiladelphia x x Coiion tern terna hirundo x x Caspian tern Sterna caspia x x Black tern Chlidonias niger x x Rock dove Lolumba livia x Grea t horned owl bo -virginianus Belted kingfisher Legaceryle alcyon x Covion flicker Colaptes auratus x Table 2. (Continued) 2 3 4 5 Common Name Scientific Name Fall '76 Winter '76/'77 Spring '77 Summer '77 Winter '78 American tree sparrow Spizella arborea X Song sparrow helospiza melodia X X Snow bunting Plectrophenax vivalis X I birds observed from August 1, 1976 to December 10, 1976 (USFWS, 1977) 2 birds observed in open water only from December 11, 1976 to March 15, 1977 (USFWS, 1977) 3 birds observed from March 16, 1977 to May 31, 1977 (USFWS, 1977) 4 birds observed during June and July, 1977 (USFWS, 1977) @r5 birds observed during January through March, 1978 (Maxwell and Smith, 1978) Maxwell, G.R. and G.A. Smith. 1978. Bird studies during the winter of 1978. Technical Report F, Vol. 1. In Environmental assessment of the FY 1979 winter navigation demonstration on the St. Lawrence River. WYS Department of Environmental Conservation, Albany. U.S. Fish and Wildlife Service. 1977. General biological survey and impact assessment for the Ogdensburg Harbgr Project, New York. Cortland Field Station, HY. 59pp. Table 3- Winter and spring occurrence and relative abundance of rnaunals in shoreline habitats along the Demonstration Corridor.a Abundant Shorttail shrew Blarina brevicauda Eastern cottontail Sylvilagus floridanus Eastern chipmunk Tamias striatus Woodchuck Marmota monax Eastern gray squirrel Sciurus carol'inensis Red squirrel Tamiasciurus hudsonicus Deer mouse Peromyscus maniculatus White-footed mouse Peromyscus leucopus Meadow vole Microtus pennsylvanicu Red fox Vulpes fulva Raccoon Procyon lotor .Striped skunk Mephitis mephitis Common Masked shrew Sorex cirereus Bats - Little brown myotis Myotis lucifunaus - Eastern pipistrel Pipistre lus- subfilavus - Red bat Lasiurus- Icorealis - Hoary bat Lasiurus cinereus Snowshoe hare Lepus arinericanus Muskrat Ondatra zibethica Beaver Castor c.!n-zdensis Norway rat Rattus norveoicus Meadow jumping mouse Zapus hudsonicus Porcupine Erethizon dorsatum Mink Mustela vison Coyote Canis latrans Whitetail deer OdocoilEUS virginanus Rare Pigmy shrew Microsorex hoyi Smoky shrew Sorex fum-eus Starnose mole Condylura cristata Redback vole Clethrionomys gapoeri Southern flying squirrel Glaucomys volans Northern flying squirrel Glaucomys sabrinus Woodland jumping mouse Napaeozapus insianis Gray fox Urocyon cinereoargenteus Fisher Martes pennanti Longtail weasel Mustela frenata Shorttail weasel Mustela erminea River otter Lutra canadensis Bobcat Lynx rufus afrom VanDruff and Lomolino, 1978. VanDruff, L.W. and M.V. Lomolino. 1978. Marnmal and furbearer studies during the winter of 1978. Technical Report M '7 Vol. 11. In-Environmental assess- ment of the FY 1979 winter navigation demonstration-on the St. Lawrence River. NYS Dept. Env. Cons., Albany - A-6 DETAILED SOILS CHART SEPTIC TANK DWELLINGS DWELLINGS ERQSJOM ItAmE TEXTURE DEPTH DRAINAGE PERM IABSOK 8-.FI EL5 WITH BASE IWITHOUT BASE HAZARD 3A Mehasne loam 20 40 mod. well SIC. severe depth severe death mod. death to slight to bedrock to bedrock bedrock loco Grenville fine sandy 60 well drain moderate severe slight to slight to slight 23C loam percs slowly moderate moderate SAB Mogansourg fine sandy 60 mod. well moderate severe wetness severe wetness mod. wetness slight 6AS loam parts slowly 605 Meuvelton silty clay 60 very slow to very slow severe wetness severe wetness severe wetness slight 825 loam & silt slow percs slowly loam 7SA-9 Deoeyster silt loam 60 mod. well moderate severe wetness severe wetness severe wetness moderate drained percs slowly 80A Mailesboro silt loam 60 Some-hat poor mod. slow severe wetness severe wetness severe wetness slight percs slowly 83A Matoon silt loam 60 somewhat slo. severe wetness severe wetness severe wetness slight 266A poorly drained ports slowly 116AB Crogan loamy fine 6o mod. well rapid severe wetness severe wetness mod. wetness slight 117AS sand, sand drained poor filter 121AB 119 Deford loamy fine 60 somewhat. sod. rapid severe panding severe ponding severe ponding slight sand poorly drained poor filter 12BA-3 Flackville loamy fine 60 mod. we I I rapid to slo- severe wetness severe wetness mod. wetness slight sand drained percs slowly 110 E I ffwood fine sandy 60 mod. well rapid to very severe wetness severe wetness severe wetness slight loam drained slow p*rcs slowly Sh rink - swell 130 Swanton fine sandy 60 somewhat poor rapid to slow severe wetness severe wetnesj severe wetness slight 104LM to poorly percs slowly drained 131 Munuscong fine sandy 60 some-hat poor moderate severe oonding severe pondin severe ponding slight loam to poorly percs slowly 134 Stockholm loam fine 60 some-hat mod. - rapid severe wetness severe wetness severe wetness slight sand poqr!y drained poor filter 179 earsoorists 60 somewhat to moderate Severe wetness severe wetness severe wetness slight Fluvaquents very poorly drained Igoe R&auette variant sandy 60 excessively mod. to very poor filter slight slight slight loam drained rapid 201 Udorth*nts clayey poorly to mod. sic. or very well drained slow 2.02 Udorthemts loamy ell to poorly very rapid to drained mocerate 203 Udarthents sandy well to poorly very rapid to drained x"Grate 205 Insula fine sandy 10 20" excess;-4sly vioderate severe death severe death severe death loam drained to bedrock to bedrock to bedrock slight Page A-7 ..6 Detailed Soils Infdrmation (Western Part) 0 0 A-9 0 tObtailed Soils Information (Eastern Part) 0 A-11 Cd ce- C) 0:3 z 410 0 pq 0(1) ,e--0 Cd L.u 4-4 (1) 4J CID @@o ca ca 4J 41 V) P-1 Cd Cd .H PL4 4-) Q)0 0 V) cn "0 P4 4-) w 4-) 0 06 A .009 :.' # 'P in AZ 0 ON ON (CPA, V\ 0) Q X, er lee YORK 40 *"-vA .InIn- 00 V W I Aw AV o qp C) JEF -1 v4v, @o^ 7 Od) t@A 10 ol 1-0 @..Oo J4 40 oe 10, bv 4317 po,,,t 100 .0 oo .40, .01 10, 0 sewage .0010@ ro IC4 474 cus o 6 %;tat /10 s (09 At TO k .9 N e vro URG AN ok 0 OP, f7i -Qk -'Wer 41k6 AA 0 \4p lb It Min vt 47, Ak 4k 0 APPENDIX B 0 APPENDIX 8 WATERFRONT PROGRAM CONSISTENCY ASSESSMENT FORM This form is to be completed whenever a public action is proposed to permit, fund, approve, or directly undertake an action or activity which will impact the Coastal Area of the City of Ogdensburg as defined in the zoning ordinance. The proposed public action described herein shall be reviewed by the Director of Buildings and Assessments who shall (1) advise the City Council that the proposed action(s) is (are) either consistent, inconsistent, or of uncertain consistency with the policies and purposes of the Ogdensburg Local Waterfront Revitalization Program and (2) refer proposed actions which are or may be inconsistent with said policies and purposes to the City Planning Board for their review and comment to the City Council. Public Action: Related Activity: Form completed by: Date: No Yes Maybe 1. Does the action or related activity involve development or redevelopment in the coastal area? Is the action consistent with coastal policies 1, 1A, 1B, 2, 3, 5, and 6? 2. Does the action or the related activity involve fish or wildlife resources in the coastal area? Is the action consistent with coastal policies 7A, 8, and 9? 3. Does the action or the related activity involve flooding or erosion ha2ards? Is the action consistent with coastal policies 11, 13, 14$ 16, and 17? 4. Does the action or the related activity involve public access in the coastal area? Is the action consistent with coastal policies 19, 19A, and 20? 5. Does the action or the related activity involve recreation in the coastal area? Is the action consistent with coastal policies 21, 21A, 22 and 22A? B-1 No Yes Maybe 6. Does the action or the related activity involve the historic, architectural, archeological or cultural resources of the coastal area? Is the action consistent with coastal policy 23? 7. Does the ac@ion or the related activity involve scenic resources in the coastal area? Is the action consistent with coastal policies 25 and 25A? 8. Does the action or the related activity involve energy resources or ice management in the coastal area? Is the action consistent with coastal policies 27A and 28? 9. Does the action or the related activity involve water or air resources in the coastal area? Is the action consistent with coastal policies 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 44? 10. Does the action or the related activity take full consideration of the coastal area's valuable re- sources which contribute to the social, environ- mental, and economic interests? Is the action consistent with coastal policy 18? B-2 APPENDIX C 0 0 APPENDIX C GUIDELINES FOR NOTIFICATION AND REVIEW OF STATE AGENCY ACTIONS WHERE LOCAL WA7ERFRON7 REVITALIZATION PROGRAMS ARE IN EFFECT I. PURPOSES OF GUIDELINES A. The Waterfront Revitalization and Coastal Resources Act (Article 42 of the Executive Law) and the WS 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 Water- front Revitalization Programs (LWRPs). These guidelines are intended to assist state agencies in meeting that statutory consis- tency obligation. B. The Act also requires that state agencies provide timely notice to the situs local government whenever an identified action will occur within art area covered by an approved LWRP. These guidelines des- cribe a process for complyinq with this noti-fication 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 may conflict with the policies and purposes of its approved LWRP. These guidelines establish a proce- dure for resolving such conflicts. II. DEFINITIONS A. Action means: 1. A *Type I" or 'Unlisted' action as defined by the State Envi- ronmental Quality Review Act (SEDR); 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 maximum 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 substan- tially hinder any of the policies or purposes of an approved LWRP, then the action must be one: 1. For which no reasonable alternatives exist that would avoid or overcome any substantial hindrance; 2. That will minimize all adverse effects on the policies or pur- poses of the LWRP to the maximum extent practicable; and C-1 3. That will result in an overriding regional or statewide public benefit. C. Local Waterfront Revitalization Program or LWRP means a program 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. 111. NOTIFICATION PROCEDURE A. When a state agency is considering an action as described in 11 above, the state agency shall no.tify the affected local government. B. Notification of a proposed action by a state agency: 1. Shall fully describe the nature and location of the acton; 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 government; 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 notifica- tion 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. LOCAL 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 re- quest of the local official identified in the LWRP, the state agency should promptly provide the sittks 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 NYCRR Part 600. C-2 C I f the s i tus I ocal governmen t does not not i fy the state agency i n writing of its finding within the established review period, the state aciency may then presume that the proposed action does not coni I i c t w i th the pol i c i es and purposes of the mun i c i pal i ty'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 aaency 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. RESOLU7194 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 represen- tatives 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. 14 the discussion between the situs local government and the state agency results in the resolution of the identified con- flicts, 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 NYCRR Part 600. 3. If the consultation between the situs local government and the state agency does not lead to the resolution of the identified conflict, either party may request, in writing,.the assistance of the Secretary of State to resolve any or all of the identi- fied 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 assis- tance, the Secretary or a Department of State official or C-3 employee designated by the Secretary, will discuss the identi- 4 i ed *con4 I i c ts, and c i rcumstances preven t i ng the i r resol u t i on with appropriate representatives from the state agency and situs local government. 5. 14 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 ong the proposed action as long as the 4oregoing Resolution of Conflicts procedures shall apply. 2/1/85 C-4 0 APPENDIX D 0 0 APPENDIX D PROCEDURAL GUIDELINES FOR COORDINATING NYS DOS & LWRP CONSISTENCY REVIEW OF FEDERAL AGENCY ACTIONS DIRECT ACTIONS 1. 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 notif ication will indicate the date by which all comments and recommendations must be submitted to DOS and will identify the Depart- ment's principal reviewer for the proposed action. 3. The review period will be about twenty-f ive (25) days. If comments and recommendations are not received b@, the date indicated in the noti@ica- tion, DOS will presume that the municipality has 'no opinion" on the consistency of the proposed direct federal agency action with local coastal policies. 4. 14. DOS does not fully concur with and/or has any questions on the com- ments and recommendations submitted by the municipality, DOS will con- tact the municipality to discuss any differences of opi nion or questions prior to agreeing or disagreeing with the federal agency's consistency determination on the proposed direct action. 5. A cop>, of DOS' "agreement" or "disagreement' letter to the federal agency will be forwarded to the local program coordinator. PERMIT AND LICENSE ACTIONS 1. DOS will acknowledge the receipt of an applicant's consistency certifi- cation and application materials. At that time, DOS will forward a copy of the submitted documentation to the program coordinator and will iden- tify the Department's principal reviewer for the proposed action. 2. Wi thin 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 necessary, DOS will request the applicant to provide the information. A copy of this information will be provided to the program coordinator upon receipt. 4. Within thirty (30) days of receiving the requested additional iniorma- tion or discussing possible problems of a proposed action with the prin- cipal reviewer for DOS, whichever is later, the program coordinator will notify DOS of the reasons why a proposed action may be inconsistent or D-1 consistent with local coastal policies. 5. After that notification, the program coordinator will submit the munici- pal i ty's written c amen ts and recommendations on a proposed permit action to DOS before or at the conclusion of the official public comment period. If such comments and recommendations are not forwarded to DOS by the end of the public comment period, DOS will presume that the muni- cipality 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 an/ questions on the com- men ts and recommendations submitted by the mun icip a] i ty on a proposed permit action, DOS will contact the program coordinator to discuss any differences of opinion prior to issuing a letter of 'concurrence' or Nobjection" letter to the applicant will be forwarded to the program coordinator. 7. A copy of DOS' 'concurrence" or 'objective' letter to the applicant will be forwarded to the program coordinator. FINANCIAL ASSISTANCE ACTIONS 1. Up-c-1 receiving notification of a proposed federal financial assistance action, DOS will request information on the action from the applicant for consistency review procedures. As appropriate, DOS will also re- quest 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 ac.tion may be subject to review. 2. DOS will acknowledge the receipt of the requested information and pro- vide a copy of this acknowledgement to the program coordinator. DOS may, at this time, request the applicant to submit additional informa- tion 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 infor- mation, 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 on the proposed action to DOS within twenty (20) days (or other time agreed to by DOS and the program coordinator) from the start of the review period received within this period, DOS will presume 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 com- ments and recommendations submitted by the municipality, DOS will con- tact the program coordinator to discuss any differences of opinion or questions prior to notifying the applicant of DOS' consistency decision. 6. A copy of DOS' consistency decision letter to the applicant will be for- warded to the program coordinator. D-Z 0 APPENDIX E 0 0 The explanation for policiet 27, 29, 42 and 43 within Section f II (Local Policies and Applicable State Policies) states that federal agencies should refer to the New York State Coastal Management Program (NYS CMP) and Final Environmental Impact Statement (FEIS) or Appendix E of the Ogdensburg Local Waterfront Revitalization Program for the text of these four policies. The text of these four policies as extracted from the NYS CMP and FEIS, is as follows: POLICY 27 Decisions on the siting and construction of major energy facilities In the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location. A. Ex2lanation of Policy Demand for energy in New York will increase, althouqh at a rate slower than previously pre- dicted. The State expects to meet these energy demands 'through a combination of conservation measures; traditional and alternative technolo- gies; and uge of various fuels including coal in greater proportion. A determination of public need for energy is the first step in the process for siting any new facilities. The directives for determining this need are contained primarily in Article 5 of the New York State Energy Law. That Article requires the preparation of a State. Energy Master ' Plan. With respect to transmission lines and steam electric generating facilities, Articles VII and VIII of the Statels 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 the siting regulations under these Articles are entirely consistent with the general coastal zone policies derived from other lawsr particularly the regulations promulgated pursuant to the Waterfront Revitalization and Coastal Resources Act. That Act is used for the purposes of ensuring con- sistency with the Coastal Management Program. The Department of State will comment on the State Energy Master Plan; present testimony for the record during relevant certification proceedings under Articles VII and VIII of the PSL; and use the State SEOR 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 coastal area are made consistent with coastal policies. E-1 B. State Means for Implementing the Policy 1. Energy Law (Article 5) Under this law an Energy Planning Board was established. As required, the Board prepared and adopted the first State Energy * Master Plan which is currently in effect. The Board is now considering an updated plan. See Section 7 of this document for a nore detailed discussion of this plan. 2. Public Service Law (Article VIII) - Siting of Major Steam Electric Generating Facilities Before preparation of a site or the construction of a major steam electric generating facility can commence, a Certi- ficate of Environmental Compatibility aiid Public Need must be issued by the New York State Board on Electric Generation Siting and the Environment. This process is described in detail in Section 7. In granting this certificate, the Board must oetermine that the facility: o Represents the mininun adverse environ- Mental impact, considering the state of available technology; the nature and economics of the various alternatives; and the interests of the state with respect to aesthetics, preservation of historic sites, forests and parks, fish and wildlife, and viable agricultural lands; o Complies with applicable State laws concerning, among other natters, the environment and public health and safety; o Serves the public interest# convenicnce and necessity. The regulations which implement Article VIII and govern the Boara,s decision (see Appendix A, V) assure that this decision will be compatible with the policies articulated in this document, both those relating to environmental 'protection and to economic development. To further ensure compatibility,' the Depart- ment of State will review applications and may present testinony during proceedings E-2 involving facilities proposed to be sited in coastal areas. When reviewing applications, the Department will examine the required description of reasonable alternate locations as well as the rationale for the preferred site, particularly with respect. to -potential land uses on or near the proposed site, and the justification for the amount of shore- front land to be used. Proposed uses which are likely to be regarded by the Department as requiring a shorefront location include: o Uses involved in sea/land transfer of goods (docks, pipelines, short term storage facilities); o Uses requiring large quantities of water (hydroelectric power plants, pumped storage power plants); and, o Uses that rely heavily on waterborne transportation of raw materials or products which are difficult to transport on land. 3. Public Service Law (Article VII) - Si ting of Major Utility Transmission Facilities Prior to the construction of a iiajor electric or fuel gas transmission facility, a Certifi- cate' of Environmental Compatibility and Public Need must be granted by the Public Service Commission. See Section 7 of this document' for a detailed description of this process. In issuing a certificate, the Commission riust determine that the facility: � Represents the minimum adverse environ- mental impact, consLderina the state of available technology and the nature and economics of the various alternatives; � Conforms with applicable State laws; � Serves the public 'interest, convenience and necessity. As with steam electric generating plants, the Department of State will review applications and may present testimony during proceedings involving transmission facilities proposed to be sited in the coastal area. The Department will examine the same matters as under Article VIII. It will also use the sam.- E-3 criteria to determine the need for a shore- front location and the consistency of the proposal with coastal policies. Interstate transmission facilities, such as gas and petroleum pipelines, c oal slurry pipelines and electric transmission lines associated with hydroelectric facilities, are regulated by Federal agencies. Through Federal consistency provisions, such facili- ties will be sited in a manner that is consistent with the Program's policiias. 4. Environmental Conservation Law (Article 23, Title 17) - Liquefied Natural and Petroleum Gas All liquefied natural gas (L11G) and liquefied petroleum gas (LPG) facilities, rust obtain an environmental safety pe rm i t before construction and operation. For a permit to be granted, it must be shown that such facilities woul6 not endanger residential areas and contiguous populations and would otherwise conform to siting criteria established by the Department of Environ- mental Conservation. During the review of proposed projects, consideration is given.to: the location of the proposed tacility; the design and capacity of the facility; expected sources of the gas; methods of transporting gas to and from the facility and transporta- tion routes; the public need for the facility; its environmental impacts; anc;, descriptions of reasonable alternate locations for the facility. 5. Waterfront Revitalization and Coastal Resources Act, Executive Law (Article 42) Section 919 of Article 42 requires 1) that State agencies' actions, including direct energy development activities such as those undertaken by the Power Authority of the State of New York, must be consistent with the environmental protection and development policies of this act. This provision of law is implemented by amendments to SVQR (below) and by DOS regulations. DOS regulations (19 NYCr,R Part 600) provide that# for their direct actions which do not have a signifi- cant effect on the environment, State agencies certify that the action is con- sistent with the coastal policies, 2) that the Secretary of .15tate shall review actions E-4 of State agencies that may af fect achievement of the policy, and 3) that SEC)R regulations be amended to reflect consideration of coastal resources. Section 2 of the Act requires that State agencies analyze their programs' consistency with coastal policies and that the Secretary of State recommend any needed modifications to the Governor and the Legislature. 6. State Environmental Quality Review Act, Environmental Conservation Law (Article 8) Under the Statp Environmental Quality Review Act, State agencies and local governments are required to prepare an environmental impact statement for any action that might have a siqnificant impact upon the environment. This requirement applies to large scale energy facilities other than transmission lines and stearn electric generating plants as described above . The environment is broadly defined to include existing patterns of development and land resources. Actions which have been subject to an environmental impact statement must, consistent with social, economic, and other essential considerations, minimize or avoid, to the maximum extent practicable, the adverse environmental effects revealed-in the impact statement (ECL .0-0109-8). In addition, pursuant to Article 42 of the *Executive Law, SEOR regulations are amended to require that for actions by a State agency for which an EIS has been prepared, such actions shall be consistent with the coastal policies. 7. Water Resources Law, Environmental Conser- vation Law (Article 15) Proposals, including those to construct all pipelines, which would excavate or deposit fill in any navigable waters and adjacent marshes and estuaries of the State require permits issued by the Department of Environmental Conservation. a. Tidal Wetlands Act, Environmental Conser- vation Law (Article 25) The Tidal Wetlands Act requires that a permit be issued for uses, including oil piplines, in identified tidal wetlands. It must be demonstrated that proposed facilities will E-5 not adversely affect water quality, flood and storm control, marine food production, wild- life habitats, open space, and aesthetically significant areas. 9. Freshwater Wetlands Act, Environmental Con- servation Law (Article 24) The Freshwater Wetlands Act requires that a permit be issued for uses, including oil -pipelines, in identified freshwater wetlands. It must be demonstrated that proposed facilities will not adversely affect water quality, flood and storm control, erosion control, subsurface water resources, wildlife habitats, freshwater fish sanctuaries, open space, and aestheticallY significant areas. 10. Oil Spill Prevention, Control and Compensa- tion, Wavigation Law (Article 12, Section 170 et. seg.) This Article provides for the protection of the State's environment and economy by preventinq unregulated discharge of petroleum from major facilities; by authorizing the Departments of Environmental Conservation and Transportation to respond quickly to remove any discharges; and by establishing liability for any damages sustained within the State as a result of such discharqes. The Article also creates a fund for clean-up, restoration and compensation for damages caused by oil spills. Before a license to construct a major oil facility can be issued by the Department of Transportation, an applicant must pay the required fee to help maintain the fund and must show that the necessary equipment to prevent, contain and remove petroleum discharges will be provided. The Department will issue licenses for major onshore facilities only after the Department of rnvironmental Conservation has certified that the applicant has the necessary equip- ment to control oil discharges. 11. State Pollutant Discharge Elinination System, Environmental Conservation Law (Article 27) This Article requires permits for construc- tion of new outlets or new disposal systems to discharge industrial and other wastes into State waters, including wastes from nuclear power plants, 'other steam electric generating E-6 plants, and petroleum facilities. This permit procedure ensures that established water quality standards are met. 12. Air Pollution Control, Environmental Con- servation Law (Article 19, Title 3) This Article gives the Department of Environ- mental Conservation the authority to promul- gate and enforce regulations controlling air emissions, including those released by energy facilities. These regulations appear in the State Implementation Plan which details State strategies for meeting Federal air quality standards under the Clean Air Act. E-7 POLICY 29 Encourage the development of energy resources on the Outer Con- tinental Shelf, In Lake Eris and In other water bodies, and ensure the environmental safety of such activities. A. Explanation of Policy The State recognizes the need to develop new indigenous energy sources. it also recognizes that such development may endanger the environ- ment. Among the various energy sources being examined are those which may be found on the Outer Continental Shelf (OCS) or in Lake Erie. The State has been encouraging the wise development of both. Matters pertaining to the OCS are the responsibil- ity of the Department of Environmental Conserva- tion. In 1977, the Department, in cooperation ioith regional and local agencies, completed a study which identified potential sites along the marine coast for on-shore OCS facilities. To date, these sites have not been developed for this purpose. The Department, also, actively partici- pates in the OCS planning process by reviewing and .voicing the State's concerns about federal OCS oil, and. gas lease sales and plans. In its review of these proposed sales and plans, the Department considers a number of factors such as the effects upon navigational safety in the established traffic lanes leading into and from New York .Harbor; the impacts upon important finfish, shell- fish and wildlife populations and their spawning areas; economic and other effects upon commercial and recreational fishing activities; impacts upon public recreational resources and opportunities along the marine coast; the potential for geo- hazards; impacts upon biological communities; and water quality. The Department of Environmental Conservation has also examined the potential impacts of Lake Erie gas drilling and is instituting. reasonable guide- lines so that activities can proceed without damage to public water supplies and other valuable coastal resources. State law prohibits develop- ment 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. E-8 B. State Means for Im2lementing the Policy 1. Environnental Conservation Law (Section 23-1101) The Department of Environmental Conservation may lease the lands beneath Lake Erie accord- ing to specific siting, operation, and lia- bility requirements. Thus the State's envir- onmental agency will retain control over the process and ensure appropriate environmental safeguards. The production of liquid hydro- carbons is, however, prohibited by this Article. 2. Environmental Conservation Law (Section 23-0305) Th i slaw provides that the Department of Environmental Conservation will retain juris- diction over any active or abandoned wells and wellheads and may limit production. The Department nay act to terminate hazardous discharges which threaten natural resources. Under this law, producers and handlers must maintain accurate records of quantities of gas handled. 3. Siting of Major Utility Transmission Facilities, Public Serv ice Law (Article VII) This law establishes procedures to be followed by developers of natural gas in the construction of any gathering pipelines from wellhcads and any naster collecting pipelines in accordance with the environmental considerations of this Article as discussed under the previous Policy. 4. Public Service Law (Article 4, Section 6G) Under this law, the Public Service Commission regulates the safe construction and operation of natural gas pipelines from the wellhead to any onshore connection. 5. Waterfront Revitalization and Coastal Resources Act, Executive Law (Article 42) See description under Policy 27. 6. State Environmental Quality Review Act, Environnental Conservation Law (Section B-0113) See description under Policy 27. is E-9 7. Water Resources Law, Environmental Conserva- tion Law (Article 15) See description under Policy 27. S. Freshwater Wetlands Act, Environmental Con- servation Act (Article 24) See description under Policy 27. 9. Freshwater Wetlands Act, Environnental Con- servation Act (Article 24) See description under Policy 27. E-10 POLICY 42 Coastal Management policies will be considered If the State reclass- Ifles land areas pursuant to the prevention of significant deterioration regulations of the Federal Clean Air Act. A. Explanation of Policy The policies of the State and local coastal management programs concerning proposed land and water uses and the protection and preservation of special management areas will be taken into account prior to any action to change prevention of significant deterioration land classifications in coastal regions or adjacent areas. In addition, the Department of State will provide the Depart- ment of Environmental Conservation with recommen- dations for proposed prevention of significant deterioration land classification designations based upon State and local coastal management programs. B. State Means for Implementing the Policy 1. Air Pollution Control Act, Environmental Conservation Law (Article 19) This law provides the Department of Environ- mental Conservation with the, authority to designate areas of the State based upon degree of pollution that may be permitted. It allows the Department to consider that what may be proper for a residential area, for example, may not be proper for a highly developed industrial area. 2. Waterfront Revitalization and Coastal Resources Act, Executive Law (Article 42) Section 919 of Article 42 requires 1) that State agencies actions, including funding, planning, and land transactions, as well as direct development activities, must be con- sistent with the policies of this act, 2) that the Secretary of State shall review actions of State agencies that may affect achievement of the policy, and 3) that SEQR regulations be amended to reflect considera- tion and impacts on the use and conservation of coastal resources. Section 2 of the Act requires that State agencies analyze their programs' consistency with coastal policies and that the Secretary of State recommend any needed modifications to the Governor and the Legislature. E-11 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. A. Explanation of Policy The New York Coastal Management Program incorpor- ates the State's policies on acid rain. As such, the Coastal Management Program will assist in the State's efforts to control acid rain. These efforts to control acid rain will enhance the continued viability of coastal fisheries, wildlife, agricultural, scenic and water resources. B. State.Means for Implementing the Policy 1. Air Pollution Control Act, Environmental .Conservation Law (Article 19). 2. Waterfront Revitalization and Coastal Resources Act, Executive Law (Article 42). Section 919 of Article 42 requires 1) that State agencies actions, including funding, planning, and land transactions, as well as direct development activities, must be consistent with the policies of this act, 2) that the Secretary of State shall review actions of State agencies that may affect achievement of the policy, and 3) that SEQR regulations be amended to reflect considera- tion of impacts on the use and conservation of coastal resources. Section 2 of the Act requires that State agencies analyze their programs' consistency with coastal policies and that the Secretary of State recommend any needed rodifications to the Governor and the Legislature. E-12 ,@N@j T @@ @ 11 @@Jlj@j I )@J@ ll@ ,11 1@1 11 TO @@l ll@ 3 6668 14104 8613