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ENB - Statewide Notices 3/16/2011

Public Notice

Extension of Public Comment Period
Notice of Proposed Rulemaking

6 NYCRR Part 617, State Environmental Quality Review - Full and Short Environmental Assessment Forms. The notice of proposed rulemaking was initially published in the 11/24/10 issue of the ENB.

The comment period for the submission of public comments on the proposed Full and Short EAF and supporting documents has been extended until the close of business, April 8, 2011. Please submit comments to Robert Ewing at the address listed below. Comments may also be submitted via the web to: depprmt@gw.dec.state.ny.us. Please include "EAF Comments" in the subject line of the e-mail.

The draft revised EAF forms and associated rulemaking documents are published in full at the following web address: http://www.dec.ny.gov/permits/6061.html. Paper copies may be obtained from the contact listed below.

For further information, contact:

Robert Ewing
NYS DEC - Division of Environmental Permits
625 Broadway
Albany, NY 12233-1750
Phone: (518) 402-9167
E-mail: depprmt@gw.dec.state.ny.us


Notice of Availability of New York State Department of Environmental Conservation Draft Policy on Determinations Regarding Emergency Pesticide Applications at Schools and Day Care Centers and Inquiries on Related Pesticide Prohibition

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a Draft Policy, consistent with the intent of Chapter 85 of the Laws of 2010 (Chapter 85), which identifies the procedures to be used by Central Office staff of the NYS DEC - Division of Materials Management (DMM), Bureau of Pest Management (BPM) for the following:

• Responding to requests for emergency pesticide application determinations, pursuant to the State Education Law (SEL) and Social Services Law (SSL), as amended by Chapter 85.
• Providing consistent responses to questions on the NYS DEC Guidance on Chapter 85 and appropriate referrals of inquiries and/or complaints regarding the subject SEL and SSL requirements.

The Draft Policy identifies the types of emergency pesticide application requests to be considered by NYS DEC and the procedures and timeframes NYS DEC will follow for making emergency determinations and referrals to other State and local entities. The Draft Policy also includes determination request forms for use by non-public schools and day care centers and NYS DEC determination forms and letters.

NYS DEC will consider emergency pesticide application requests from non-public schools and day care centers in New York State, made pursuant to Section 409-k of the State Education Law (SEL) and 390-g of the Social Services Law (SSL). Those sections impose a prohibition on the application of most pesticides to playgrounds, turf and athletic or playing fields at day care centers (effective November 14, 2010) and at schools (effective May 18, 2011) in the State, except when an emergency pesticide application determination is made.

Pursuant to ECL §3-0301(2)(z), written comments regarding this Draft Policy will be accepted until April 15, 2011. Comments should be submitted to Mary A. Roy, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7250, E-mailed to maroy@gw.dec.state.ny.us or faxed to (518) 402-9024.

The Draft Policy is available on the NYS DEC website at: http://www.dec.ny.gov/chemical/41822.html or by writing Mary Roy at the address above or by calling (518) 402-8788. A paper copy is available at the NYS DEC Albany office at the above address and at each of the nine NYS DEC regional offices.

Contact: Mary A. Roy, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7250, Phone: (518) 402-8788, Fax: (518) 402-9024, E-mail: maroy@gw.dec.state.ny.us.


Pursuant to Title 9, Article 54 of the Environmental Conservation Law, the New York State Office of Parks, Recreation and Historic Preservation hereby gives public notice of the following:

Notice is hereby given, pursuant to Section 49-0305 (9) of the Environmental Conservation Law, that the State of New York acting by and through the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) intends to acquire a Conservation Easement from: the Archaeological Conservancy, in Pompey, Onondaga County, New York; Finger Lakes Land Trust, Inc., in Romulus, Seneca County, New York; New Suffolk Waterfront Fund, Inc., in New Suffolk, Suffolk County, New York.

For further information, contact: Melinda Scott, NYS OPRHP - Bureau of Grants Management, Empire State Plaza, Agency Building 1, 16th Floor, Albany, NY 12238, Phone: (518) 474-8372, Fax: (518) 486-7377.


State Pollutant Discharge Elimination System (SPDES)
General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s)
Permit No. GP-0-10-002

The New York State Department of Environmental Conservation (NYS DEC) proposes a permit modification to the SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) (GP-0-10-002). The modification includes:

a) Extending the deadline for Watershed Improvement Strategies from May 1, 2011 to May 1, 2012, for specific waterbodies in Long Island as listed in the fact sheet because of NYS DEC's delays in finalization of the NYS DEC Pathogens Watershed Improvement Strategy Guidance Document.
b) Extending the deadline for submission of Retrofit Plans from March 9, 2011 to March 9, 2012 for specific waterbodies in Long Island as listed in the fact sheet. The Retrofit Plans are part of the overall Watershed Improvement Strategy and finalization of the NYS DEC Pathogens Watershed Improvement Strategy Guidance Document is needed to determine how much pathogens reduction will be credited to MS4s for their implementation of retrofit projects.
c) Other minor spelling and corrections on page 79 and 80 as defined in the fact sheet and specific waterbodies noted in the fact sheet have been removed from Appendix 2 (page 106).

Copies of the draft modified permit pages and fact sheet are available on NYS DEC's website at: http://www.dec.ny.gov/chemical/41392.html. Copies of the issued SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) (GP-0-10-002) is posted at: http://www.dec.ny.gov/chemical/43150.html.

State Environmental Quality Review Determination: The modification is an Unlisted action and will not have a significant effect on the environment. A Negative Declaration is on file.

State Historic Preservation Act (SHPA) Determination: The proposed activity is an undertaking that is not subject to review in accordance with SHPA.

Availability for Public Comment: Written statements or comments on the proposed modifications will be accepted by fax or mail until close of business on April 15, 2011 or 30 days after publication of this notice. Comments should be filed with the contact listed below.

Contact: Carol Lamb-LaFay, Division of Water - Bureau of Water Permits, General Permits Section, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8123, Fax: (518) 402-9029, E-mail: calambla@gw.dec.state.ny.us.


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