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ENB - Statewide Notices 10/7/2009

Public Notice

Pursuant to Article 9, Title 17 of the Environmental Conservation Law, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The New York Invasive Species Council is convening its sixth regular meeting on:

Date: Wednesday, October 7, 2009

Time: 10:00 a.m. to 1:00 p.m.

Location: New York State Department of Agriculture and Markets
Produce Room
10 B Airline Drive
Albany, NY

The Council comprises nine State agencies and is co-led by the New York State Department of Environmental Conservation and the New York State Department of Agriculture and Markets.

This meeting is open to the public. Attendees will be required to show a drivers license or other photo ID at the Security Desk.


Pursuant to the Environmental Conservation Law sections 13-0309 subdivision 12, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Part 43 - Subpart 43-2 pertaining to Surfclam/Ocean Quahog Fishery Management in NYS Waters of the Atlantic Ocean. This notice will be published in issue 40 of the State Register, dated October 7, 2009.

For further information please contact:

Debra Barnes
NYS DEC - Region 1 Marine Resources Headquarters
Division of Fish, Wildlife and Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0483
E-mail: dabarnes@gw.dec.state.ny.us


Notice of Auction

On December 2, 2009, the New York State Energy Research and Development Authority (NYSERDA) will be participating in a regional auction for the sale of carbon dioxide allowances under the Regional Greenhouse Gas Initiative (RGGI) in accordance with the CO2 Allowance Auction Program (Title 21 NYCRR Part 507). The auction will be conducted on December 2, 2009, from 9 a.m. until 12 p.m. ET. In this auction, NYSERDA will be making available for sale 11,861,850 allowances from the 2009 Allocation Year, and 776,385 allowances from the 2012 Allocation Year. All parties are eligible to participate in this auction provided they become qualified and meet all other participation requirements. Applications for participation are due Wednesday, October 21, 2009. Complete details on the December 2, 2009 auction, including the auction schedule, participation requirements, and auction documents can be found at: www.rggi.org. The NYSERDA contact person regarding the New York CO2 Allowance Auction Program is Kevin Hale, who can be contacted at: rggi@nyserda.org.


New York State Department of Environmental Consevation's New York Environmental Leaders Program Open Enrollment Period

New York State Department of Environmental Conservation (NYS DEC) is accepting applications for the New York Environmental Leaders Program (NYEL). The open enrollment period began on September 1, 2009 and applications will be accepted until October 31, 2009.

NYEL provides recognition and incentives to New York State companies and organizations that can demonstrate the use of pollution prevention practices, beyond compliance performance, or sustainable business practices as a result of their participation in NYEL. NYEL provides flexibility to prospective applicants by offering two membership tiers, the entry tier and the leadership tier.

Detailed information about NYEL can be found on the NYS DEC website at: www.dec.ny.gov/chemical/939.html.

If your organization is interested in becoming a NYEL member during this open enrollment period, a NYEL application form for the tier your facility intends to apply for must be completed and returned by October 31, 2009. Interactive versions of the NYEL Entry Tier Application and NYEL Leadership Tier Application forms are available for download on the Department's website at: www.dec.ny.gov/chemical/939.html.

If you have any questions, require any additional information, or experience problems down loading the applications, please do not hesitate to contact: John Vana, NYS DEC - Division of Environmental Permits, 625 Broadway, 4th Floor, Albany, NY 12233-1750, Phone: (518) 402-9469.


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control

Final FFY 2010 Intended Use Plan (IUP)

The New York State Environmental Facilities Corporation (NYS EFC) and the New York State Department of Environmental Conservation (NYS DEC) intend to finalize the final Federal Fiscal Year (FFY) 2010 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) in early October. The IUP will include a list of projects that may receive financing between October 1, 2009 and September 30, 2010. NYS EFC and NYS DEC note that pending Federal legislation may require changes to NYS CWSRF. As a result, the Final FFY 2010 IUP may contain program modifications not included in the draft IUP.

Copies of the final 2010 CWSRF IUP will be available upon request from NYS EFC or can be obtained at NYS EFC's website at: www.nysefc.org (Click on "Programs", then "Clean Water State Revolving Fund", then "Intended Use Plan").

For a copy of the final FFY 2010 CWSRF IUP, assistance with the IUP listing process, or for information on the CWSRF program, please contact:

David Morseman
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 or (518) 402-7396
Fax: (518) 402-7456
E-mail: IUPcomments@nysefc.org

Information on the Clean Water SRF and other NYS EFC programs can be obtained on the Internet at: www.nysefc.org/


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

Announced Project List for ARRA

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 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 extended beyond the end of the 2009 FFY so that projects involving 2009 CWSRF and ARRA funds can be closed.

The comment period for Amendment No. 3 to the 2009 CWSRF IUP remained open until the close of business, Friday, September 25, 2009. No public comments were received that affected projects to be funded in the current IUP financing period or necessitated revision of the amendment. Therefore, Amendment No. 3 is considered final.

The Final 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 Final Amendment No. 3 can also be requested by calling NYS EFC toll-free line at 800-882-9721 or at 518-402-7396.


Municipalities and Owners/Operators of Public Drinking Water Supply Systems

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #7 to the Drinking Water State Revolving Fund Intended Use Plan issued September 30, 2008 was published in the September 9, 2009 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #7 closed on September 24, 2009. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below:

"The New York State Department of Health (NYS DOH) and the New York State Environmental Facilities Corporation (NYS EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 30, 2008 to adjust the estimated project cost for seven DWSRF projects listed on the Project Readiness List. The explanations of the reasons for the 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),
Extend
Distribution
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 project concepts. In addition, the scope of the projects has not changed, nor have we altered the project 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."

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


New York State Department of Environmental Conservation Proposes Tidal Wetland Guidance Documents

New York State Department of Environmental Conservation (NYS DEC) is proposing a new set of guidance documents to aid in the interpretation and clarification of terms contained within 6NYCRR Part 661 of the Tidal Wetland Land Use Regulations.

Tidal wetlands are invaluable for marine food production, wildlife habitat, flood, hurricane, and storm control. These guidance documents are intended to help NYS DEC staff review permit applications with the intention of maintaining the quality of tidal wetlands so that they will continue to serve as cleansing and protective ecosystems.

The new set of guidance documents was a collaborative effort between the Division of Fish, Wildlife and Marine Resources, Division of Environmental Permits and Regional staff.

The development of these guidance documents are in response to the many challenges involved in managing a program and balancing environment concerns with developmental pressures. These proposed guidance documents are intended to aid both NYS DEC staff and the regulated public by producing a clearer, more easily understood and streamlined permitting process.

In the early 1970s, New York State began to recognize the importance of tidal wetland areas and sought to insure their protection from filling and dredging--human activities that had drastically reduced the amount of tidal wetlands in New York by passing the Tidal Wetland Act in 1973. These regulations apply anywhere tidal flooding occurs on a daily, monthly or intermittent basis.

Tidal wetlands line much of the salt water shore, bays, inlets, canals, and estuaries of Long Island, New York City, and Westchester County. They also line the Hudson River in Westchester and Rockland Counties upstream to the salt line.

In 1974 NYS DEC collected a set of aerial infrared photographs of all the tidal wetlands on Long Island and along the lower Hudson River. Using these photographs, NYS DEC established the New York State Official Tidal Wetlands Inventory, a set of maps delineating and classifying all the tidal wetlands in New York. These maps are used by NYS DEC and other municipal agencies to control and manage the development, filling and dredging of areas in and around New York's tidal wetlands.

Areas adjacent to tidal wetlands often carry many of the same or similar valuable attributes and, in addition, provide a valuable buffer for the wetlands.

Aspects of Part 661 for which new guidance documents are being proposed are:

• Interpretation of the term functionality of structures.
• Clarification of the term maintenance dredging.
• Clarification of the terms marina footprint and perimeter.
• The calculation of average setback.
• Guidance on the replacement of hard shoreline structures.
• Modification requests for standard activity permit.

This last proposed guidance relates to NYS DEC's Tidal Wetlands Standard Activity Permit Process (SAPP) application procedure. This application procedure was developed in 1989 and used for a suite of activities that are minor and routine.

NYS DEC is also actively working on additional guidance documents relating to Part 661 of the Tidal Wetland Land Use Regulations. These documents will be available in the near future.

The current Part 661 Regulations are available for review on the NYS DEC Public Website at: http://www.dec.ny.gov/regs/2485.html.

NYS DEC has posted the proposed guidance documents on the NYS DEC's main Tidal Wetlands webpage at: http://www.dec.ny.gov/lands/4940.html.

Notice of availability for comment was published in the Environmental Notice Bulletin (ENB) on October 7, 2009.

Citizens and officials interested and affected by the Tidal Wetland Land Use Regulations may provide comments on these guidance documents. All comments and concerns on the Part 661 guidance documents should be forwarded to: Dawn McReynolds, NYS DEC - Region 1 Marine Resources Headquarters, Bureau of Marine Resources, 205 North Belle Meade Road, East Setauket, NY 11733, E-mail: fwmarine@gw.dec.state.ny.us by November 6, 2009. Please reference Tidal Wetland Guidance in the subject of the email.


Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program

Well Permit Issuance for Horizontal Drilling and High-Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs

The Draft Supplemental Generic Environmental Impact Statement (Draft SGEIS) for potential natural gas drilling activities in the Marcellus Shale formation is now available for public review and comment. The Draft SGEIS supplements the existing Generic Environmental Impact Statement (GEIS) and analyzes the range of potential impacts of shale gas development using horizontal drilling and high-volume hydraulic fracturing. The Draft SGEIS outlines safety measures, protection standards and mitigation strategies that operators would have to follow to obtain permits.

Document Availability - At this time the document is offered on the New York State Department of Environmental Conservation (NYS DEC) website as a series of PDF documents accessed by chapter or as a single PDF file which can be downloaded and searched.

The PDF documents of the Draft SGEIS are available at: http://www.dec.ny.gov/energy/58440.html.

Comments - The public comment period will be open until November 30, 2009.

NYS DEC is offering three ways in which to submit comments.

1. On-line: http://www.dec.ny.gov/cfmx/extapps/SGEISComments/
Comments submitted on-line may be tagged to areas of concern, and attachments may be included.

2. E-mail comments: dmnsgeis@gw.dec.state.ny.us
Please include name and e-mail or return mail address to ensure notice of the Final SGEIS when it is available.

3. Written comments should be sent to: Draft SGEIS Comments, NYSDEC - Division of Mineral Resources, Bureau of Oil & Gas Regulation, 625 Broadway, Third Floor, Albany, NY 12233-6500.

Contact: Jack Dahl, NYSDEC - Division of Mineral Resources, Bureau of Oil & Gas Regulation, 625 Broadway, Third Floor, Albany, NY 12233-6500, Phone: (518) 402-8056.




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