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ENB - Statewide Notice 01/20/2010

Public Notice

This notice announces the availability of the Draft New York State 2010 Section 303(d) List of Impaired/TMDL Waters. The list identifies those waters that do not support appropriate uses and that require and are scheduled for development of a Total Maximum Daily Load (TMDL) or other restoration strategy. Public comment on the list will be accepted for 45 days, through February 26, 2010.

Background: The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other more appropriate strategy to reduce the input of the specific pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. Additionally, the state is required to maintain a Consolidated Assessment and Listing Methodology (CALM) to outline its process for monitoring and assessing the quality of New York State waters. Two components of the CALM are also available for comment. The Assessment Methodology outlines how waters are evaluated by New York State Department of Environmental Conservation (NYS DEC) to determine the degree of use support, and the Listing Methodology outlines the criteria NYS DEC uses to determine what waters are to be included on the Section 303(d) List. These documents are intended to clarify the current and continuing approach to assessment and listing by New York State.

Information: Copies of the Draft New York State 2010 Section 303(d) List and/or the revised Assessment and Listing Methodologies are available on the NYS DEC website at: http://www.dec.ny.gov/chemical/31290.html. Copies of the List and Methodologies can also be obtained by contacting the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at (518) 402-8179. An electronic version of these documents can also be requested by email to: jamyers@gw.dec.state.ny.us.

Public comments regarding the Section 303(d) List and/or the Assessment and Listing Methodologies should be mailed to Jeff Myers of the Bureau of Watershed Assessment and Management at the above address, or emailed to: jamyers@gw.dec.state.ny.us.

Availability of Final Tidal Wetland Program Guidance and General Response to Public Comment

The New York State Department of Environmental Conservation (NYS DEC) announces the availability of final versions of five tidal wetland guidance documents and its response to public comments. The availability of these documents for comment was published in the Environmental Notice Bulletin and made available on the NYS DEC web site at: http://www.dec.ny.gov/lands/4940.html from October 7, 2009 through November 6, 2009.

The guidance documents will aid in the interpretation and clarification of terms contained within 6NYCRR Part 661 of the Tidal Wetland Land Use Regulations, which are designed to maintain the valuable nature of tidal wetland resources for marine food production, wildlife habitat, flood, hurricane, and storm control. These documents are intended to assist NYS DEC staff in the review of 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 development of the guidance documents was undertaken in response to the challenges involved in managing a program and balancing environment concerns with developmental pressures. The documents are intended to aid both NYS DEC staff and the regulated public by producing a clearer, more easily understood permitting process.

The final guidance documents pertaining to Part 661 are:

• Interpretation of the term functionality of structures (DFW_1)
• The calculation of average setback (DFW_2)
• Guidance on the replacement of hard shoreline structures (DFW_3)
• Clarification of the terms marina footprint and perimeter (DFW_4) and
• Clarification of the term maintenance dredging (DFW_5)

The NYS DEC reviewed, evaluated and carefully considered all comments received as part of the public comment process.

Several of the valuable comments received resulted in adjustments and clarifications to the proposed documents. Other comments, while appreciated, did not result in modification to the documents. The following is a synopsis of modifications to the documents, which are now in their final form.

The average setback calculation was revised to include a definition of "the subject tidal wetland" and consideration was given to the proposed definition of "substantially all"; interpretation of the term functionality of structures contains some additional examples to aid in its application; the shoreline structure replacement document also contains additional examples to aid in interpretation and includes a modification to bulkhead height requirements; marina footprint and perimeter contain additional explanation on the necessity of the definition of terms and applicability of Part 608 in addition to clearer figures for aid in interpretation; the maintenance dredging guidance has not been modified and standard activity permit modification is no longer a proposed guidance.

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

Information and Hard copies of the guidance may be obtained from: New York State Department of Environmental Conservation, 205 North Belle Meade Road, East Setauket, NY 11733, Attention: Dawn McReynolds or by emailing: FW.Marine@dec.ny.gov. Please note Tidal Wetland Guidance in the subject box.

Notice of Public Meeting

Notice is hereby given that the New York State Climate Action Council will hold a public information and comment meeting on the state climate action planning process.

On August 6, 2009, Governor David A. Paterson signed Executive Order 24, setting a goal to reduce New York State's greenhouse gas emissions by 80 percent of their 1990 levels by 2050. The executive order also created the State Climate Action Council with a directive to prepare a draft climate action plan by September 30, 2010. The plan will assess how all economic sectors can reduce greenhouse gas emissions and adapt to climate change, and identify the extent to which such actions support New York's goals for a clean energy economy.

At this initial public meeting in the climate action planning process, staff from the State Department of Environmental Conservation, New York State Energy Research and Development Authority and the Center for Climate Strategies will describe the process the State Climate Action Council will use to develop the climate action plan. Staff will also describe ongoing New York State programs to reduce greenhouse gas emissions and to adapt to unavoidable climate change. Meeting attendees will have the opportunity to ask questions about the state's climate programs and the climate action planning process, and to express their comments.

All interested members of the public are invited to attend.

Further information, including the meeting agenda, is available at: http://www.nyclimatechange.us/.

Date: Monday, January 25, 2010
Time: 7:00 p.m. to 9:00 p.m.
Location: State Museum Theater
222 Madison Avenue
Albany, NY 12230

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, Phone: (518) 402-8448 E-mail: climatechange@dec.ny.gov.

Negative Declaration- Public Comment Period Extended

Albany, Bronx, Columbia, Dutchess, Greene, Kings, New York, Queens, Putnam, Orange, Rensselaer, Richmond, Rockland, Ulster, Westchester Counties - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Draft Hudson River Estuary Action Agenda 2010-2014 will not have a significant adverse environmental impact. The action involves the release of the Draft Hudson River Estuary Action Agenda 2010-2014 by the NYS DEC. The Draft Action Agenda 2010-2014 identifies projects proposed to be implemented over a five year period by NYS DEC, in partnership with other agencies and involved stakeholders. This action agenda is a continuation and 2007 Update of the 2005-2009 Action Agenda. The goals of the agenda remain unchanged. Revisions have been made to the targets and proposed actions to better reflect anticipated deliverables. Two former goals, Open Space (5) and Scenic Resources (6) have been combined into a new Goal 5 and a new Goal 6, Climate Change has been added. The proposed revisions were reviewed by the program's citizen advisory committee (Hudson River Estuary Management Advisory Committee) and were discussed at a public meeting held on June 8, 2009 in a discussion draft version of the document.

The previous Hudson River Estuary Action Agenda 2005-2009, released January 2006, underwent a complete public review and comment process in 2005, pursuant to SEQRA, and included the development and public review of both the action agenda and a generic environmental impact statement. The 2005-2009 agenda was updated in 2007 to adjust projected time frames for completion of targets. A negative declaration was filed for the 2007 update. The generic EIS prepared for the 2005-2009 action agenda applies to the 2010-2014 agenda as well. Changes made in the 2010-2014 agenda are not considered significant to warrant development of a supplemental EIS at this time. Any specific project that may be undertaken by NYS DEC or other entity as part of an action agenda goal or target will be subject to a complete environmental review under SEQRA as part of that project's review and permitting processes.

The project is located in the Hudson River estuary of New York State, from the Troy dam to the Verrazano Narrows, and includes the surrounding watershed, also known as the Hudson River Valley.

The Public Comment period previously slated to close January 22, 2010, has been extended. Written comments on the draft may be submitted until close of business February 22, 2010. Comments can be sent via e-mail to: Hrep@dec.ny.gov (please include the words "Draft Action Agenda" in the subject line) or by mail addressed to : Action Agenda, Hudson River Estuary Program, NYS DEC - Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561.

The Draft Action Agenda is available for download at: http://www.dec.ny.gov/lands/5104.html.

Contact: Nancy Beard, NYS DEC - Region 3, Hudson River Estuary Program, 21 South Putt Corners Road, New Paltz, NY 12561, Phone: (845) 256-3016, Fax: (845) 255-3649, E-mail: Hrep@dec.ny.gov.

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