Additional Comments on Redraft Ohio Administrative Code Rule Changes for the Permitting of Coastal Structures along the Ohio Shore of Lake Erie and Coastal Leases and Permitting Ohio Administrative Rule Sections 1501-6-01 through 1501-6-09 and Sections 1501-6-31 through 1501-6-39 Submitted to the Ohio Department of Natural Resources, Office of Coastal Management September 30, 2008
Overall Perspective
On behalf of our more than 100 environmental and conservation group members and several thousands of individual citizen members throughout the state of Ohio, the Ohio Environmental Council (OEC) submits these comments to the Ohio Department of Natural Resources, Office of Coastal Management, for its consideration regarding draft rule changes to the Ohio Administrative Code for the permitting of coastal structures and the occupation of submerged lands along the Ohio coast of Lake Erie. The Office of Coastal Management is charged with the mighty responsibility of ensuring a balance between the use of resources along Ohio's 312-mile coast and sustaining what makes the coast so compelling and at the same time so vulnerable: its incomparable scenic beauty, its destructive wave and wind action, and its fragile ecosystem. This is a tough, but important job, and the Ohio Environmental Council commends the Office of Coastal Management for this review and updating of Ohio’s administrative rules governing the development of the Lake Erie coast, including the construction of projects and the placement of structures in the Lake Erie territory. We also want to publicly thank the Office for traveling to Ottawa, Lake, and Cuyahoga counties this month to solicit public comment on the draft rules.
1501-6-03 Review of submerged lands lease and/or submerged lands permit applications (pp. 14 – 18)
1501-6-34 Review of coastal structure permit applications (pp. 38 – 45)
Protection of environmental quality OEC appreciates the equal application of the environmental review provided in existing OAC
Sec. 1501-6-03 and Sec. 1501-6-34 to submerged land leases and permits and coastal structure permits. It is critically important that the Director maintain discretion to require an environmental impact assessment to determine any possible significant effects of a development, improvement or activity upon the natural, as well as, the human environment. Therefore, we recommend that proposed rule OAC 1501-6-03 (D) (2) and 1501-6-34 (C) (6) require an environmental impact assessment or other information to determine the probable direct, secondary and cumulative impacts of the development, improvement or activity upon the natural and human environment, rather than merely permit the director to require such an assessment or other information. We also recommend that the director consider the environmental impact assessment and other information provided in consultation with the Ohio Department of Natural Resources Division of Wildlife. Protection of public access The citizens of Ohio and upland property owners all own a share of Lake Erie and its territory. Accessing the Lake Erie territory from a landward point, however, is quite challenging. Because of the scarcity of landward places where the public can access the shoreline, special effort should be made to, at a minimum, maintain existing avenues for public access. Maintaining the limited existing public access points and being vigilant not to unnecessarily foreclose on prospective access points should be a priority for the Department. The Department should consider giving public access additional priority over other development concerns. We respectfully suggest that this proposed rule is an appropriate place to identify and express this priority. Recommendation: The revised rules should be amended to: • • Require the applicant to identify any known historical public access points or access use patterns and any existing public access points or access use patterns at or adjacent to the proposed area of the lease or permit area. Direct the Department to carefully evaluate the effects of a proposed submerged land permit or lease or a coastal structure permit on the same.
1501-6-04 Notification of submerged lands lease/submerged lands permit application.
We appreciate the proposed provisions that:
• • •
Require the applicant to give notice to adjoining property owners Require the Department to post the application on the Internet Provide for 30 days of public comment on the application
The Internet provides an increasingly important and universally accepted way for the public to learn important information that may affect them and their property. We applaud the Department for its commitment to transparency and efficient and reasonable access by the public to information about submerged lands leases and permits and coastal structure permits. In order to facilitate the ability of the public to provide comments on these applications, we suggest that the Department provide the opportunity to submit on-line comments on a pending application. If specific rule language must or should be promulgated to facilitate this, we urge the Department to consider this. We would however recommend the following: That the Director be required to publish notices of all submerged lands lease/permit applications and coastal structure permits in the newspaper of the county in which the lease/permit would be issued. OEC supports the view expressed by participants at the public meeting held by the Office of Coastal Management on September 18, 2008, that not only adjoining but other near-by property owners and members of the local communities may be affected by grants of submerged lands leases or permits or by coastal structure permits. Publishing notices of these permits or leases will allow them the opportunity to comment on the said application and know that their comments are being duly considered.
We appreciate this opportunity to submit these initial comments. We continue to review the draft rules and may submit additional comments in the future. Meantime, we respectfully ask for your careful review and favorable consideration of these comments. Thank you. Jack Shaner Public Affairs Director Ohio Environmental Council Jack@theOEC.org Cheryl Johncox Director of Ohio River Programs Ohio Environmental Council Cheryl@theOEC.org Ellen Mee Director of Environmental Health Ohio Environmental Council Ellen@theOEC.org