NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

ENB - Statewide Notice 6/1/2011

Public Notice

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

Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 40 pertaining to recreational black sea bass regulations. This notice will be published in issue 22 of the State Register, dated June 1, 2011.

For further information, please contact:

John D Maniscalco
NYS DEC - Region 1 Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0437
E-mail: jdmanisc@gw.dec.state.ny.us


Pursuant to the Environmental Conservation Law sections 130307 and 13-0319 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to amend 6 NYCRR Part 41 Sanitary Conditions of Shellfish Lands pertaining to the Towns of North Hempstead and Oyster Bay. This notice will be published in issue 22 of the State Register, dated June 1, 2011.

For further information, please contact:

William Hastback
NYS DEC - Region 1 Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0479
E-mail: wghastba@gw.dec.state.ny.us


Data Solicitation for 2012 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) 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, 2012. 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 2012 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 reassessed. This rotating basin approach allows for a reassessment 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 the 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 use of this data and information may 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 2012 CWA Section 303(d) List, data and information must be received by September 30, 2011. 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 United States Environmental Protection Agency (US EPA) by April 1, 2012.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2012 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: http://www.dec.ny.gov/chemical/23846.html. Worksheet information can also be obtained by contacting Jeff Myers at 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. Completed WI/PWL worksheets and supporting water quality monitoring data should sent to the address above, or forwarded via email to: 4pwlinfo@gw.dec.state.ny.us. 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 2012 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: http://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: http://www.dec.ny.gov/chemical/23852.html.

Contact: Jeff Myers, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8179.


Notice of Adirondack Park Agency Approval of General Permit 2011G-2

Description: The Adirondack Park Agency (APA) approved APA General Permit 2011G-2 for certain New York State Department of Transportation (NYS DOT) vegetation management practices within state highway right-of-ways at its May 12, 2011 meeting.

The General Permit authorizes NYS DOT to control or eliminate vegetation through the use of non-restricted herbicides under guide rails, signs and delineator posts, as described in an approved Vegetation Management Plan. The General Permit will require a minimum 5 foot no-herbicide buffer around all wetlands, and will prohibit the application of herbicides under conditions that may cause off-target drift. The General Permit will also provide for monitoring of impacts and potential implementation of alternatives.

The General Permit is intended to: reduce the cost of labor-intensive control techniques for herbaceous and woody plant growth adjacent to guide rails, signs and delineator posts; use materials and application techniques that are environmentally safe and provide one-season control to a broad spectrum of plants; and develop a program to facilitate improved safety conditions for inspection and maintenance of guide rails. General Permit 2011G-2 will only apply to use by the New York State Department of Transportation within the Adirondack Park and will be effective until revoked or modified by the APA.

Jurisdiction: Herbicide use in close proximity to wetlands is a regulated activity requiring an APA permit pursuant to 9 NYCRR 578.3(n)(2), as the use of herbicides may substantially impair the functions served by or the benefits derived from freshwater wetlands.

Project Impacts: APA staff have determined that all activities undertaken pursuant to this General Permit will secure the natural benefits of wetlands associated with the project, consistent with the general welfare and beneficial economic, social, and agricultural development of the state.

State Environmental Quality Review Act (SEQRA): Approval of the General Permit by the APA is a SEQRA, Type 1 action. A negative declaration and Full Environmental Assessment Form has been prepared by the APA and is on file at its offices in Ray Brook, New York.

Any questions regarding this General Permit may be directed to: Richard E. Weber III, APA - Regulatory Programs, P.O. Box 99, Route 86, Ray Brook, NY 12977, Phone: (518) 891-4050, ext. 207.



  • Contact for this Page
  • ENB
    NYS DEC
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions