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ENB - Statewide Notices 12/10/2008

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0307, and 13-0319, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 41 pertaining to Sanitary Condition of Shellfish Lands (Flax and Spring Ponds in Southold). This notice will be published in issue 50 of the State Register, dated December 10, 2008.

For further information please contact:

Melissa Albino
NYS DEC - Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: maalbino@gw.dec.state.ny.us


Notice of Availability

Notice of Availability of Commissioner Policy on Contact, Cooperation, and Consultation With Indian Nations

The New York State Department of Environmental Conservation (Department or NYS DEC) has issued a Commissioner Policy on Contact, Cooperation, and Consultation with Indian Nations (Policy). The policy lays the groundwork for conducting relations with the Nations on a government-to-government basis. The policy identifies the protocols to be followed by Department staff in working with Indian Nations, and it endorses the development of cooperative agreements between the Department and Indian Nations to address environmental and cultural resource issues of mutual concern. The policy calls for each division and each Regional office to appoint a single point of contact for handling Indian Nation matters, and assigns oversight of the policy to the Department's Office of Environmental Justice in the Office of General Counsel.

Pursuant to Environmental Conservation Law 70-0105, the policy shall become effective 30 days after this notice has been published in the Environmental Notice Bulletin.

The policy can be obtained at: http://www.dec.ny.gov/docs/permits_ej_operations_pdf/indianpolicy.pdf (29 kb PDF) or by writing, faxing or e-mailing the contact person.

Jeffrey Gregg
NYS DEC - Division of Environmental Permits
625 Broadway, Albany, NY 12233-1750
Phone: (518) 402-9155
Toll Free: 1-866-229-0497
Fax: (518) 402-9168
Email: jagregg@gw.dec.state.ny.us


Notice of Public Information Meetings

The New York State Department of Environmental Conservation (the Department or NYS DEC) proposes to renew SPDES General Permit GP-04-02 for Concentrated Animal Feeding Operations (CAFO)s by making available for comment and issuing two draft General SPDES Permits for Concentrated Animal Feeding Operations (CAFO)s: SPDES General Permit for CAFOs GP-0-09-001; and Clean Water Act SPDES General Permit for CAFOs GP-0-09-002.

The Department will be conducting three information meetings during this public notice period. The purpose of these meetings is to answer questions about the draft CAFO General Permits.

Public information meetings will be held at these locations and times:

Wednesday January 7, 2009 10:00 a.m., NYS DEC Offices, Meeting Room 129 A& B, 625 Broadway, Albany, NY 12233.

Thursday January 8, 2009 10:00 a.m., NYS DEC Region 8 Offices, 6274 East Avon Lima Road, Avon, NY 14414.

Monday January 12, 2009 10:00 a.m., Town of Clay Offices, 4401 State Route 31, Clay, NY 13041. Please park in the large parking lot behind the Town of Clay Offices.

A CAFO is an Animal Feeding Operation (AFO) that is a point source as defined pursuant to ECL Section 17-0105(16) and is a CAFO. An Animal Feeding Operation (AFO) is defined as a lot or facility (other than an aquatic animal production facility) where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and where the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. Two or more animal feeding operations under common ownership are a single animal feeding operation if they physically adjoin each other, or if they use a common area or system for the disposal of wastes.

CAFOs are defined as follows:

Large Concentrated Animal Feeding Operation (Large CAFO) means an AFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories:

  1. 700 Mature Dairy Cows, whether milked or dry
  2. 1,000 Veal Calves
  3. 1,000 Cattle, other than mature dairy cows or veal calves (Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs)
  4. 2,500 Swine, each weighing 55 pounds or more
  5. 10,000 Swine, each weighing less than 55 pounds
  6. 500 Horses
  7. 10,000 Sheep or Lambs
  8. 55,000 Turkeys
  9. 30,000 Laying Hens or Broilers, if the AFO uses a liquid manure handling system
  10. 125,000 Chickens (other than laying hens), if the AFO uses other than a liquid manure handling system
  11. 82,000 Laying Hens, if the AFO uses other than a liquid manure handling system
  12. 30,000 Ducks, if the AFO uses other than a liquid manure handling system
  13. 5,000 Ducks, if the AFO uses a liquid manure handling system

Medium Concentrated Animal Feeding Operation (Medium CAFO) means an AFO that stables or confines the type and number of animals that fall within any of the following ranges:

  1. 200-699 Mature Dairy Cows, whether milked or dry
  2. 300-999 Veal Calves
  3. 300-999 Cattle, other than mature dairy cows or veal calves (Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs)
  4. 750-2,499 Swine, each weighing 55 pounds or more
  5. 3,000-9,999 Swine each weighing less than 55 pounds
  6. 150-499 Horses
  7. 3,000-9,999 Sheep or Lambs
  8. 16,500-54,999 Turkeys
  9. 9,000-29,999 Laying Hens or Broilers, if the AFO uses a liquid manure handing system
  10. 37,500-124,999 Chickens (other than laying hens), if the AFO uses other than a liquid manure handling system
  11. 25,000-81,999 Laying Hens, if the AFO uses other than liquid manure handling systems
  12. 10,000-29,999 Ducks, if the AFO uses other than a liquid manure handling system
  13. 1,500-4,999 Ducks, if the AFO uses a liquid manure handling system

SPDES General Permit GP-0-09-001

Construction of a point source that is designed, constructed, operated and maintained to not discharge manure or process wastewater is deemed eligible for coverage under SPDES general permit GP-0-09-001 and must obtain coverage prior to operation of the CAFO facility.

Owners or operators of existing CAFOs eligible to be covered by GP-0-09-001 shall submit a Notice of Intent and CNMP Certification (for mediums) or annual NMP (for larges) to the Department within 6 months from the date of permit issuance. Notifications for new or expanded facilities must be made at least 30 days prior to commencing operation of the new facility or facility expansion. Refer to the Draft General Permit and Fact Sheet for application requirements for existing, new or expanded facilities.

Clean Water Act SPDES General Permit GP-0-09-002

Construction of a point source that is designed, constructed, operated and maintained and discharges or proposes to discharge manure or process wastewater must seek coverage under SPDES general permit GP-0-09-002 and must obtain coverage prior to operation of the CAFO facility.

Owners or operators of CAFOs eligible to be covered by GP-0-09-002 shall submit a Notice of Intent and CNMP within 6 months from the date of permit issuance. Notifications for a new or expanded facility must be made at least 30 days prior to commencing operation of the new facility or the facility expansion. Refer to the Draft General Permit for application requirements for existing, new or expanded facilities

The Department retains the authority and discretion to determine that a CAFO may not be eligible for coverage under either of these general permits and, as such, may require the CAFO to submit an application for coverage under an individual SPDES permit.

Availability of Application Documents: The Department's draft SPDES General Permits and Fact Sheets are available for inspection during normal business hours at the address of the Contact Person identified below. It is recommended that an appointment be made with the contact person beforehand. The draft SPDES General Permits and Fact Sheets are also available on the NYSDEC website at: http://www.dec.ny.gov/permits/6061.html.

Opportunity for Public Comment: Comments on the draft SPDES general permits must be submitted in writing to the contact person no later than January 26, 2009.

Contact Person:

Jacqueline Lendrum
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, New York 12233-3505
Phone: (518) 402-8118
E-mail: jmlendru@gw.dec.state.ny.us


Notice of Acceptance of Final GEIS

Statewide - The New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP), as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed Statewide Comprehensive Recreation Plan. The FGEIS is available on CD from the contact person listed below and on the NYS OPRHP website at: http://www.nysparks.state.ny.us/agency/scorp/.

The action involves the periodic preparation of the Statewide Comprehensive Recreation Plan (SCORP) by the New York State Office of Parks, Recreation and Historic Preservation to provide statewide policy direction and to fulfill the agency's recreation and preservation mandate. The updated SCORP serves as a status report and as an overall guidance document for recreation resource preservation, planning, and development from 2009 through 2014. The document is also used to guide the allocation of state and federal funds for recreation and open space projects. The direction for recreation in the state is guided by ten statewide policies. These policies are grouped into four major initiative areas that respond to the current issues impacting the state's natural, cultural and recreational resources and are consistent with NYS OPRHP priorities. These initiative areas are: revitalizing our parks and historic sites, natural resource stewardship and interpretation, creating connections beyond the parks, and sustainability. This project is located throughout the State of New York.

Contact: Robert Reinhardt, NYS OPRHP, Phone: (518) 474-0415, Fax: (518) 474-7013, E-mail: robert.reinhardt@oprhp.state.ny.us.


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