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