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ENB - Statewide Notices 9/9/2009

Public Notice

Notice of Proposed Surfclam Management Plan Amendment (Amendment 1)

Pursuant to Environmental Conservation Law Sections 13-0308 and 13-0309, and Subpart 43-2 of Title 6 of the New York Codes Rules and Regulations, the New York State Department of Environmental Conservation hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) is proposing to adopt an amendment to the Fishery Management Plan (FMP) for the Mechanical Harvest of the Atlantic Surfclam in the New York State Waters of the Atlantic Ocean. NYS DEC proposes to adopt a plan amendment to the FMP (Amendment 1) that will manage the surfclam fishery in the Atlantic Ocean by establishing the following harvest and management provisions: annual harvest limit (total allowable catch) not to exceed 5 percent of the fully recruited surfclam population biomass; Individual Fishing Quota system (IFQ) which will allocate to each eligible Atlantic Ocean surfclam vessel an individual fishing quota; annual renewal requirements for issuance of surfclam/ocean quahog Atlantic Ocean owner's permits; daily catch limit of no more than 28 standard cages of surfclams (896 industry standard bushels) per day per eligible surfclam vessel; elimination of weekly and quarterly harvest limits; mandatory Vessel Monitoring System (VMS) requirement for all eligible Atlantic Ocean surfclam vessels; cage tagging requirement for all vessels assigned an IFQ for the Atlantic Ocean surfclam fishery; monthly surfclam vessel harvest reporting and daily logbook requirements for all surfclam permit holders; and, provisions for confidentiality of fisheries data. NYS DEC will be proposing to adopt regulations necessary to implement the management measures and harvest provisions to the Atlantic Ocean Surfclam Fishery that are specifically identified in Amendment 1 to the FMP following its final adoption. The Amendment to the FMP was prepared with input and recommendations from the Surfclam/Ocean Quahog Management Advisory Board pursuant to Environmental Conservation Law Section 13-0308.

For a copy of the proposed management plan amendment (Amendment 1) or for further information contact: Debra Barnes, NYS DEC- Region 1 Marine Resources Headquarters, 205 North Belle Mead Road, Suite 1, East Setauket, NY 11733, Phone: (631)444-0483, E-mail: dabarnes@gw.dec.state.ny.us.

NYS DEC is seeking comments from the public on the proposed surfclam management plan Amendment (Amendment 1). Please forward your written comments to Debra Barnes, NYS DEC- Region 1 Marine Resources Headquarters, 205 North Belle Mead Road, Suite 1, East Setauket, NY 11733, Phone: (631)444-0483, Fax: (631) 444-0496, E-mail: dabarnes@gw.dec.state.ny.us. The deadline for submission of comments is October 9, 2009.


Draft Amendment No. 3 to the FFY 2009 CWSRF Intended Use Plan

Announced Project List for American Recovery and Reinvestment Act

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) announce that the Federal Fiscal Year (FFY) 2009 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Projects, dated September 2008, is being amended.

The CWSRF appropriation to New York State from the American Recovery and Reinvestment Act (ARRA) was $432 million as described in Amendment No.1. Amendment No. 2 provided a list of wastewater projects in the FFY 2009 CWSRF IUP Annual List Categories A, B and D identified as candidates to receive ARRA funds in the amount of $150 million.

Amendment No. 3 updates this list to include projects in the FFY 2009 CWSRF Annual List Category C that have been identified as candidates to receive ARRA funds.

ARRA funds are being utilized in combination with 2009 CWSRF funds to finance projects during the 2009 IUP period. The ARRA selection process has competed with the timely closure of 2009 projects before the end of the 2009 FFY. As a result, the period for the 2009 IUP is being extended beyond the end of the 2009 FFY so that projects involving 2009 CWSRF and ARRA funds can be closed.

The Draft Amendment No. 3 will be available on the NYS EFC website at www.nysefc.org (click on "Programs," then "Clean Water State Revolving Fund," then "IUP and Amendments"). A copy of Draft Amendment No. 3 can also be requested by calling NYS EFC toll-free line at: 800-882-9721 or at: (518) 402-7433.

Written comments on Amendment No. 3 to the CWSRF IUP will be accepted by mail, e-mail, or fax until close of business, Friday, September 25, 2009.
Comments should be addressed to:

David Morseman
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Fax: (518) 402-7456
E-mail: iupcomments@nysefc.org



Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) propose to amend the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 30, 2008 to adjust the estimated project costs for seven DWSRF projects listed on the Project Readiness List. The explanations of the reasons for the project cost revisions are included in the table below:

Borrower
/County
Project
Description
DWSRF # Current IUP Cost Proposed IUP Cost Explanation
Amsterdam (C)/
Montgomery
Upgrade SWTR Compliance facility 17497 $8,000,000 $10,562,097 The cost increase is a result of actual project bids received after short term closing.
Beaver Dam Water Corp
/Orange
New ground water source, new storage, upgrade distribution system 15072 $0 $400,000 The cost increase is a result of revised estimates from the project engineer
Marcellus (T)/
Onondaga
New SWTR Compliance Facility, Extend Distribution System 16882 $0 $400,000 The cost increase is a result of actual project bids received after short term closing.
Unadilla (V)
/Otsego
New SWTR Compliance Facility, New Ground Water Source, Upgrade Pump Station, Upgrade Distribution System 15343 $2,500,000 $3,200,000 The cost increase is a result of actual project bids received after short term closing, and due to Buy American requirements.
Suffolk County Water Authority
/Suffolk
Extend Distribution to Serve Brown Hills Road Area 16863 $3,774,177 $3,843,928 The cost increase is a result of revised estimates from the project engineer
Warwick (V)
/Orange
Construction of a Micro-Filtration Treatment Plant at Well #2 17493 $2,210,052 $2,225,513 The cost increase is a result of revised estimates from the project engineer.
Schodack (T)/
Rensselaer
Connect WD #3 (Maple Crest) to WD #1 (Clearview), ExtendDistribution System, New System Consolidation 17358 $1,119,432 $1,218,000 The cost increase is a result of revised estimates from the project engineer.

NYS DOH has determined that the revised project cost increases are necessary, reasonable and consistent with the original projects' concepts. In addition, the scope of the projects has not changed, nor have we altered the projects' priority rankings in any way. The project cost increases will not adversely affect any other project on the IUP Project Readiness List above the funding line. Except for the above-noted change, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings.

Written statements or comments on the above DWSRF project cost revisions will be accepted by fax or mail until close of business on September 24, 2009 and should be filed with:

Victor E. Pisani
NYS DOH - Bureau of Water Supply Protection
Flanigan Square, 547 River Street, Room 400
Troy, New York 12180-2216
Fax: (518) 402-7659

The revised Project Readiness List may be obtained by calling DOH's toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.


Data Solicitation for 2010 Federal Clean Water Act (CWA) Section 303(d) List

Section 303(d) of the Federal Clean Water Act requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2010. To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2010 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. Every year waters in two or three of the 17 drainage basins in the state are scheduled to be re-assessed. This rotating basin approach allows for a re-assessment of water quality of the entire state every five years. The assessment of these waters is a public process and participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged. New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

However every two years, corresponding to the development of New York State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the List, but will be used during the subsequent water quality assessment for the corresponding basin during the reassessment cycle. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and will also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to maintain an effective and comprehensive review of solicited data and information and insure the timely submittal of the List, it is necessary to establish a cut-off date for the receipt of water quality data and information. Therefore, in order to be included for full consideration in the compiling of the 2010 CWA Section 303(d) List, data and information must be received by September 30, 2009. It is not the intent of this cut-off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to the United State Environmental Protection Agency (USEPA) by April 1, 2010.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2010 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet. This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific (numeric) monitoring data. Information regarding the Waterbody Inventory/Priority Waterbodies List, including the WI/PWL worksheet and instructions for completing the worksheet, can found on the NYS DEC website at: www.dec.ny.gov/docs/water_pdf/pwlwrksht.pdf (PDF, 243 Kb). Water quality data and information should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2010 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing

Methodology can be found on the NYS DEC website at: www.dec.ny.gov/chemical/31290.html. Additional information regarding the NYS DEC Water Quality Assessment Program, including the Waterbody Inventory/Priority Waterbodies List assessments and Section 305(b) water quality reporting can be found on the NYS DEC website at: www.dec.ny.gov/chemical/23852.html.

Contact: Jeff Myers, NYS DEC -Division of Water, Bureau of Water Assessment and Management, Water Quality Assessment Section, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179, Fax: (518) 402-9029, E-mail: jamyers@gw.dec.state.ny.us.


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