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ENB - Region 4 Notices 8/3/2011

Public Notice

Availability for Comment on Draft TMDLs

This notice announces the availability of a Draft Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation (NYS DEC) to address:

Kinderhook Lake, Columbia County

Kinderhook Lake is impaired by phosphorus.

Public comment on these documents will be accepted for 30 days, through September 2, 2011.

Background: States are required by Section 303(d) of the Clean Water Act and the U.S. Environmental Protection Agency's (EPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed phosphorus TMDL for Kinderhook Lake will rely on voluntary load reductions from septic systems, the agricultural community and developed land, and the Municipal Storm Sewer System General Permit requirements to address the existing phosphorus water quality impairment.

Information: Copies of the proposed draft plans can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html#Small, or by contacting Ron Entringer at 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) 402-8176, or via email at raentrin@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by close of business September 2, 2011 will be considered prior to submitting the final TMDL to the EPA for approval.

Contact: Ron Entringer at NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8176, E-mail: raentrin@gw.dec.state.ny.us.

New York State Department of Environmental Conservation (NYS DEC) Implements Expanded Quarantine to Prevent Spread of Emerald Ash Borer in Eastern New York

The NYS DEC is expanding the existing quarantine district in eastern New York which currently includes Ulster and Greene Counties to include Orange County in order to limit the potential introduction of the invasive Emerald Ash Borer (EAB) to other areas of the state.

NYS DEC's quarantine order will prohibit the intrastate movement of EAB, and the movement of ash nursery stock, ash trees, and ash wood products, and firewood, wood chips and bark mulch from any tree species, beyond the quarantine district without certification or compliance agreements from the New York State Department of Agriculture and Markets, or the Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS), in addition to other provisions as defined in the order. This quarantine order will also prohibit the movement of all ash logs from Pennsylvania into the quarantine district during the EAB flight season. Minor revisions are also made to the current regulations, reflecting administrative directions previously issued by the Commissioner of the New York State Department of Agriculture and Markets since the original order was imposed. The final Quarantine Order will become effective 10 days after it is filed with the clerks of Ulster, Greene, and Orange Counties.

All Towns in New York's Orange, Ulster and Greene counties will be under the quarantine.

A copy of the draft Quarantine Order can be found on the DEC website at: http://www.dec.ny.gov/animals/47761.html.

Contact: Doug Schmid, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, NY 12233, Phone: (866) 640-0652, E-mail: firewood@dec.ny.gov.

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