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ENB - Statewide Notices 02/10/2010

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, and 13-0340-c the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 40.1 Marine Fish - pertaining to the commercial and recreational harvest of winter flounder. This notice will be published in issue 6 of the State Register, dated February 10, 2010.

For further information please contact:

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



New York State Department of Environmental Conservation Adopts Ten-Year Pheasant Management Plan

New York State Department of Environmental Conservation (NYS DEC) has announced completion of a "Management Plan for Ring-necked Pheasants in New York State, 2010-2020." The plan is a revision of NYS DEC's "A Ten-Year Management Plan for Ring-necked Pheasants in New York" which was adopted in 1999. The new plan will be in effect through 2020.

A team of NYS DEC biologists and technicians reviewed the previous pheasant plan and programs, looked at how other states manage pheasants, talked to other NYS DEC staff and sportsmen, and prepared a succinct action plan for guiding management and use of pheasants in New York through 2020. The public provided comments on a draft of the plan during a two-month period that ended November 13, 2009. A summary of the comments can be found in Appendix I of the new plan. The final plan remained relatively unchanged from the draft.

Some highlights of the new plan include:

• Extended pheasant hunting seasons in most areas of the state to provide greater hunting opportunity;
• A reduced size cock-only hunting area in western New York that reflects changing habitat and land use;
• Termination of the Young Pheasant Release Program (YPRP) after 2010, but the Day-old Chick cooperator program will continue;
• Adult pheasant production increases from 25,000 to 30,000 birds beginning in 2011;
• Adult birds will no longer be provided for field trials;
• One or more pheasant hunting areas will be established for people with disabilities; and
• A focus area will be established in western New York to concentrate efforts for wild pheasant management by NYS DEC and other interested organizations.

The pheasant management plan, and much additional information about pheasants in New York, can be found on the NYS DEC website at: www.dec.ny.gov/animals/7071.html. If you do not have access to the internet, please call (607) 273-3763 to request a copy of the plan.

Contact: Michael J. Murphy, NYS DEC - Region 7 Reynolds Game Farm, 81 Game Farm Road, Ithaca, NY 14850, Pone: (607) 273-2768, Fax: (607) 273-4148; E-mail: wildlife@dec.ny.gov (type "pheasant plan" in the subject line).


Revised General Depredation Permit for Take of Canada Geese

The New York State Department of Environmental Conservation (NYS DEC) has revised its "New York State General Depredation Permit (GDP) for Take of Canada Geese" that has been in effect since May 2007. The revised GDP will replace the previous version and become effective on March 1, 2010. The GDP authorizes certain actions to alleviate property damage and other conflicts associated with Canada geese, in lieu of issuing individual permits on a case-by-case basis. The revised version authorizes any person to take any number of Canada geese, nests or eggs in accordance with a valid federal migratory bird depredation permit or the federal airport or public health control orders (but take of geese under these orders still requires specific authorization from NYS DEC). Persons authorized by NYS DEC to take geese under the federal agriculture depredation order are limited to no more than 25 Canada geese per year and no more than 8 geese per day. The GDP includes conditions and limitations on methods of take and specific reporting requirements.

The GDP allows for timely action by property owners to alleviate conflicts associated with Canada geese and eliminates an administrative burden for NYS DEC and the public. The federal regulatory process ensures adequate protection of migratory bird populations and makes State review and issuance of individual permits an administrative activity in most cases. The GDP has no effect on the variety of methods available to the public for dealing with conflicts associated with Canada geese.

Since the GDP for Canada geese was first established in 2000, there have been no complaints or objections regarding NYS DEC's use of this permitting procedure, while the public and NYS DEC permit administrators have benefited from the streamlined administrative process. The revised GDP will become effective on March 1, 2010 and be posted on the NYS DEC website: www.dec.ny.gov as soon as possible.

Any comments or questions regarding the GDP should be sent to: Bryan Swift, NYS DEC - Division of Fish, Wildlife and Marine Resources, Wildlife Services Section, 625 Broadway, Albany, NY 12233-4754, Phone (518) 402-8866, E-mail: blswift@gw.dec.state.ny.us.


Notice of Availability of Final Program Policy regarding Citizen Participation Handbook for Remedial Programs (DER-23)

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a program policy to provide guidance to NYS DEC Division of Environmental Remediation (DER) staff and the public on how to fulfill citizen participation (CP) requirements according to 6 NYCRR Part 375, Environmental Remediation Programs.

This Program Policy is applicable to NYS DEC's remedial programs consisting of the Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program, SSF); the Brownfield Cleanup Program (BCP); the Environmental Restoration Program (ERP); and the Voluntary Cleanup Program (VCP). It provides guidance to DER staff and the public on how to plan and conduct required CP activities for each remedial program, and to determine if additional CP activities should be conducted for a particular contaminated site, with guidance to plan and conduct these additional CP activities. It also identifies who is responsible for planning and conducting CP programs and activities; explains the common objectives of CP programs and how they integrate with the remedial programs; and outlines opportunities and recommended methods for effective CP.

Section 1 is an introduction to CP and provides general CP information that crosses remedial programs. A chart has been included in Section 1.6 that summarizes the CP requirements for each of the four programs and provides a comparison among these programs. Section 2 is specific to the SSF, Section 3 to the BCP, Section 4 to the ERP, and Section 5 to the VCP. Each of these sections includes a separate chart of CP requirements for the specific program. These charts are also valuable management tools for DER staff and other parties associated with the remedial programs.

The proposed Program Policy was initially published in the August 20, 2008 issue of the Environmental Notice Bulletin, which announced a 60 calendar day public comment period pertaining to the proposed policy and the availability of the full text document for review. The comment period was extended twice, which resulted in a total of 180 calendar days. NYS DEC received comments during this public comment period and they were addressed.

This Program Policy replaces the June 1998 DER guidance document Citizen Participation in New York's Hazardous Waste Site Remediation Program: A Guidebook.

Pursuant to ECL§3-0301(2)(z), this program policy will be effective on March 12, 2010.

The final Program Policy is available on NYS DEC's website at http://www.dec.ny.gov/regulations/2393.html. In addition, it can be obtained by writing to Angela Chieco, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764.


The New York State Department of Environmental Conservation (NYS DEC) is making available for public comment a Draft of the Division of Water Technical and Operational Guidance Series (TOGS) No. 1.3.10 Mercury - SPDES Permitting, Multiple Discharge Variance, and Water Quality Monitoring. The primary purpose of this document is to provide guidance for developing SPDES permits that regulate wastewater and stormwater discharges containing mercury and guidance for performing mercury monitoring.

The Draft guidance is posted on the NYS DEC website at: http://www.dec.ny.gov/chemical/24027.html. If you experience difficulty in down loading the document please contact Shayne Mitchell at: (518) 402 8125.

Comments on the Draft TOGS must be received by March 29, 2010, 45 days from this publication date.

Comments should be sent to: Shayne Mitchell, Division of Water, 625 Broadway, Albany, NY 12333-3505, E-mail: samitche@gw.dec.state.ny.us.


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.




New York State Department of Environmental Conservation (NYS DEC) Announces the 2010 Environmental Excellence Awards Program

Applications Available

Applications are now available for New York State's seventh annual Environmental Excellence Awards. This award program honors businesses, not-for-profit organizations, government (local, state and federal), educational institutions and individuals solving environmental challenges by using uniquely innovative and environmentally sustainable practices or through unique and creative partnerships.

NYS DEC is specifically interested in receiving applications about projects demonstrating significant environmental benefits achieved by manufacturing process improvements; cutting-edge pollution prevention technologies; reducing green house gas emissions; innovative initiatives to "green" school facilities, recreational facilities and businesses; wind, solar and biomass projects; energy efficiency improvements; waste reduction and recycling efforts; innovative stormwater management and watershed planning; unique and creative natural resource and habitat protection and restoration efforts; and innovative land conservation and environmental protection/restoration initiatives. Projects located in environmental justice communities are strongly encouraged.

To be eligible, a project must be in New York state; result in a measurable environmental benefit beyond what could have been achieved by using standard techniques or complying with regulatory requirements; be initiated within the past three years and fully operational for at least 12 months and the applicant must be in compliance with New York Environmental Conservation Law, applicable permits and local laws.

Review criteria will include an assessment of the: environmental benefits; economic benefits; innovative approach of the project; advancement of sustainability; how creative partnerships were created or strengthened by the project; demonstration of leadership and management commitment to the environment; demonstration of transferability and the demonstration that practices go beyond standard techniques or compliance requirements.

Important: Applications must be postmarked by Friday May 21, 2010. The awards are scheduled to be presented in the fall of 2010.

The application package is available through the NYS DEC's website: http://www.dec.ny.gov/public/945.html.

Anyone interested in obtaining more information regarding the application and criteria for the awards, should contact Michelle Hinman at the NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone (518) 402-9469, Fax (518) 402-9168, E-mail awards@dec.ny.gov.



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