Secretary
Federal
Energy Regulatory Commission
888
RE: Filing of CZMA Concurrence and
Corresponding Comments on the Offer of Settlement
Dear
Secretary Salas:
On
To accommodate this condition, the proposed license
article establishing the ESC as set forth in Appendix A (page A-1) of the
Relicensing Settlement Agreement should be revised to include NYDOS. The Power Authority respectfully requests
that the licensing order include the proposed license article establishing the
ESC as revised in the following manner:
Ecological Standing Committee
Article _____. The Licensee
shall convene an Ecological Standing Committee (“ESC”), comprised of a
representative from the Licensee, the New York State Department of
Environmental Conservation, the U.S. Fish and Wildlife Service, the Seneca
Nation of Indians, the Tuscarora Nation, the Tonawanda Seneca Nation, New York
Rivers United, New York State Department of State, and the Niagara
Relicensing Environmental Coalition to establish . . .
Page Two
This minor modification to
the proposed license article will ensure that the NYDOS condition is
incorporated into the new license.
If you have any questions regarding
this filing, please contact me at the number above.
Respectfully submitted,
Jay Ryan
Counsel to the
cc: Official
Service List
Vince Yearick
Steve Kartalia
STATE OF
DEPARTMENT OF STATE
February 17, 2006
GEORGE E. PATAKI
Governor
Mr. John L. Osinski
Executive Director Regulatory Affairs
Re: F-2005-0935
Federal Energy Regulatory Commission - FERC #2216
Towns of Niagara and
Concurrence with Consistency Certification
Dear Mr. Osinski:
The Department of State has completed its review of your consistency certification regarding the consistency of the above-referenced activity with the New York Coastal Management Program.
Pursuant to 15 CFR Part 930.62, and based upon the project information submitted, the Department of State concurs with your consistency certification for this activity, subject to the following agreed-upon conditions:
Section 4.1.1 of the Relicensing Settlement Agreement Addressing New License Terms and Conditions (including Proposed License Articles) dated July 18, 2005 establishes an Ecological Standing Committee (ESC) to oversee the development of Habitat Improvement Projects (HIPS), as well as to approve projects to be funded by the Fish and Wildlife Habitat Enhancement and Restoration Fund (HERF). The Department of State is to have a representative on the ESC 10 participate in the oversight of these activities to ensure activities comply and are undertaken in a manner consistent with the New York Coastal Management Program as implemented.
This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required pursuant to existing State statutes.
Sincerely,
Sally Ball
Deputy Director
Division of Coastal Resources
cc: FERC: Magali R. Salas
CERTIFICATE OF SERVICE
Pursuant to Rule 2010 of the Rules of
Practice and Procedure of the Federal Energy Regulatory Commission, I hereby
certify that I have this day caused the foregoing document to be served upon
each person designated on the official service list compiled by the Secretary
in this proceeding.
Dated at
_____________________________
Jay Ryan
Van Ness Feldman, P.C.
Seventh Floor
Telephone:
(202) 298-1800
Facsimile:
(202) 338-2416