ENB - Statewide Notices 8/24/2011
Pursuant to the Environmental Conservation Law sections 11-0901, and 11-0713, the New York State Department of Environmental Conservation hereby gives notice of the following:
Notice of adoption to amend 6 NYCRR Part 2 and Part 170 pertaining to the use of a crossbow and modified longbow. This notice will be published in issue 34 of the State Register, dated August 24, 2011. Additional information about hunting with crossbows and modified longbows may be found at: www.dec.ny.gov/outdoor/68802.html and www.dec.ny.gov/permits/25018.html.
For further information, please contact:
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway, 5th Floor
Albany, NY 12233-4754
Pursuant to the Environmental Conservation Law sections 13-0342 the New York State Department of Environmental Conservation hereby gives notice of the following:
Notice of Adoption to amend 6 NYCRR Parts 40 and 44 pertaining to reporting requirements for food fishing, food fish landing, marine bait, lobster, lobster landing, crab, horseshoe crab, party and charter boat, and food fish and crustacea dealers and shippers license or permit holders. This notice will be published in issue 34 of the State Register, dated August 24, 2011.
For further information, please contact:
NYS DEC - Region 1 Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
Phone: (631) 444-0857
Notice of Document Availability with Comment Period
Division of Water (DOW) TOGS 3.1.5 - Guidance for Dam Hazard Classification
New York State Environmental Conservation Law (ECL) and Dam Safety Regulations (6NYCRR Part 673 - Part 673) require that the owners of all dams located in New York State operate and maintain their dams in a safe condition at all times. Part 673 requires various submissions and actions from dam owners based on a dam's downstream hazard classification. Part 673.5 provides authority to the New York State Department of Environmental Conservation (NYS DEC) to assign a Hazard Classification to dams according to the potential impacts of a dam failure.
DOW TOGS 3.1.5 - Guidance for Dam Hazard Classification is technical guidance which provides greater detail regarding various potential impacts typically seen by NYS DEC staff, and their implication for hazard classification of a dam.
Staff determined that the issuance of this guidance document is a Type II action pursuant to SEQRA.
Document Availability: Draft DOW TOGS 3.1.5 can be obtained by sending an E-mail request to: email@example.com with the subject line "Request Draft DOW 3.1.5", by calling (518) 402-8185, the Draft Guidance is available by email, or mailed as a single CD or a single paper copy. Please specify the format desired. It is also available on line on the NYS DEC's Dam Safety page at: http://www.dec.ny.gov/lands/4991.html.
The public comment period will commence on August 24, 2011 and conclude on September 28, 2011.
Questions and comments may be directed to: Alon Dominitz, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3504, E-mail: firstname.lastname@example.org.
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 the following waterbody:
Chautauqua Lake, Chautauqua County
Chautauqua Lake is impaired by phosphorus.
Public comment on this document will be accepted for 30 days, through September 23, 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 re-proposed phosphorus TMDL for Chautauqua Lake will require permit limits on wastewater treatment plants and will rely on voluntary load reduction efforts from the agricultural community, developed land and septic systems to address the existing phosphorus water quality impairment. The TMDL was first proposed in July 2010 and re-proposed in July 2011. This revised proposal corrects technical errors in the Allocation Tables for the North Basin.
Information: Copies of the proposed draft plan can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html#Small, or by contacting Dan Hayes, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8207, E-mail: email@example.com. Comments should be sent, written or via email, to the same addresses. Comments received by close of business September 23, 2011 will be considered prior to submitting the final TMDL to the EPA for approval.
Contact: Dan Hayes, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8207, E-mail: firstname.lastname@example.org.
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 be sent to the address above, or forwarded via email to: email@example.com. 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.