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ENB - Statewide Notices 10/19/2011

Public Notice

Pursuant to the Environmental Conservation Law sections 3-0301, 11-0325, 11-1905, and 27-0703, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Part 189 pertaining to Chronic Wasting Disease. This notice will be published in issue 42 of the State Register, dated October 19, 2011.

For further information, please contact:

Patrick Martin
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233-4750
Phone: (518) 402-9001
E-mail: pxmartin@gw.dec.state.ny.us

Notice of Proposed 2012 Atlantic Ocean Surfclam Annual Harvest Limit

Pursuant to Environmental Conservation Law Section 13-0309 and Subpart 43-2 of Title 6 of the New York Codes Rules and Regulations, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is proposing to establish the 2012 annual harvest limit for surfclams taken by mechanical means from the certified waters of the Atlantic Ocean at 300,000 industry standard bushels which would maintain the level of harvest (total allowable catch) at the limits set in 2010 and 2011. NYS DEC completed a surfclam population assessment survey in the New York State waters of the Atlantic Ocean in 2008. The results of the survey reported a surfclam population estimate (biomass or volume) of 6.9 million industry standard bushels, a decrease of 27% since the 2006 survey. Additionally, the total number of clams decreased to 775 million clams in 2008 representing a 22% decline since the 2006 survey. Although the overall recruitment and percentage of sub-legal sized clams from the Atlantic Ocean for this survey was about 10% which is an increase from the 2006 estimate of 2%, seed clams were limited to small areas of the Ocean.

Pursuant to the NYS DEC's Fishery Management Plan for the Atlantic Ocean Surfclam Fishery and 6NYCRR Part 43-2, the annual harvest limit shall not exceed 5 percent of the fully recruited biomass based on the most recent surfclam population assessment (survey) for the Atlantic Ocean. The proposed harvest limit of 300,000 industry standard bushels represents 4.35 percent of the surfclam population biomass based on the 2008 surfclam survey. NYS DEC proposed to conduct a surfclam population survey this fall but due to a mechanical breakdown of the contract vessel this survey had to be postponed until next summer. Therefore, in the absence of any new survey data and after consideration of the catch data by harvesters since the last survey, NYS DEC is proposing to establish the annual harvest limit at 300,000 industry bushels, which is necessary in order to protect the long-term sustainability of the resource and economic viability of the surfclam fishery. NYS DEC will announce the annual harvest limit for 2012 no later than November 15, 2011 for an effective date of January 1, 2012 after taking into consideration public comment and any other relevant fishery related information.

Written comments on the proposed 2012 Atlantic Ocean surfclam annual harvest limit will be accepted by mail, email, or fax until close of business, Wednesday, October 26, 2011.

Comments should be sent to:

Jennifer O'Dwyer
NYS DEC - Marine Resources Headquarters
205 North Belle Mead Road, Suite 1
East Setauket, NY 11733
Phone: (631) 444-0489
Fax: (631) 444-0496
E-mail: jlodwyer@gw.dec.state.ny.us

Availability for Comment on Draft Water Quality Restoration Strategy (WQRS)

This notice announces the availability of Draft (WQRS) documents proposed by the New York State Department of Environmental Conservation (NYS DEC) to address:

Lower Black Creek, Wyoming, Genesee, Orleans and Monroe counties
Upper Black Creek, Wyoming, Genesee, Orleans and Monroe counties
Upper Oak Orchard Creek, Genesee County

Lower Black Creek, Upper Black Creek and Upper Oak Orchard Creek are impaired by phosphorus.

Public comment on these documents will be accepted for 30 days, through November 18, 2011.

Public meetings to present these Draft WQRS will be held on:

Oak Orchard Creek: Wednesday, October 26, 2011 at 7:00 p.m. in the Orleans County Cornell Cooperative Extension Offices 12690 NYS Route 31, Albion, NY

Upper and Lower Black Creek: Tuesday, October 25, 2011 at 7:00 p.m. in the Village of Churchville, Village Offices, 23 East Buffalo Street, Churchville, NY

Background: States are required by Section 303(d) of the Clean Water Act and the U.S. Environmental Protection Agency's (EPA) implementing regulations (40CFR Part 130) to study further, delist or develop Total Maximum Daily Load (TMDL) plans for water bodies and pollutants where water quality standards are not being met. A WQRS was developed in lieu of a TMDL for these waters, because NYS DEC has yet to promulgate a target criterion for phosphorus in flowing waters. A WQRS provides quantitative guidance for watershed planning and implementation of measures to restore water quality. The WQRS quantifies the current pollutant loadings from all major sources (e.g. point sources, non-point sources and natural background) and uses several scenarios to determine the impact on water quality of applying Best Management Practice (BMPs) scenarios within the watershed. The WQRS is used to identify the most cost-effective BMPs to guide management decisions and the allocation of resources in order to improve the water quality of these waters.

The WQRS found that more than half of the phosphorus in each of these watersheds was attributable to agricultural sources. Restoration strategies will rely upon voluntary practices to reduce the amount of phosphorus released from agricultural lands. In Upper Oak Orchard Creek, implementation of the suggested BMPs will yield half of the needed reduction. It is deemed prudent to implement the cost-effective BMPs first and monitor the water quality impact before implementing less effective and higher cost BMPs. In all of the watersheds an adaptive management approach is suggested which includes monitoring water quality impacts to determine if more needs to be done.

Information: Copies of the proposed draft plans can be found on the Center for Environmental Information website at: http://www.ceinfo.org/loci/tmdl.php or by contacting: Ron Entringer, NYS DEC - Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (518) 402-8176, E-mail: raentrin@gw.dec.state.ny.us.

Comments should be sent, written or via email, to the above address. Comments received by close of business November 18th, 2011 will be considered prior to completing the final WQRS.

Contact: Ron Entringer, NYS DEC - Bureau of Watershed Assessment and Management, 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's New York Environmental Leaders Program Open Enrollment Period

The New York State Department of Environmental Conservation (NYS DEC) is accepting applications for the New York Environmental Leaders Program (NYEL). The open enrollment period began on September 1, 2011 and applications will be accepted until October 31, 2011.

NYEL, which is entering its fourth year of operation, provides recognition and incentives to New York State companies and organizations that can demonstrate the use of pollution prevention practices, beyond compliance performance, or sustainable business practices as a result of their participation in NYEL. Detailed information about NYEL can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

Those accepted as members in NYEL are considered a priority for relevant NYS DEC assistance. For instance, NYS DEC can help facilitate assistance through the New York State Pollution Prevention Institute (http://www.nysp2i.rit.edu/) and help members garner assistance through other relevant state programs. In addition, NYEL members have access to a NYEL contact within NYS DEC. The NYEL contact will be available to assist with communication between the member and NYS DEC, and to help members garner assistance in their environmental goals from the New York State Pollution Prevention Institute. NYEL members are also able to use the NYEL logo to promote their green practices and receive recognition from NYS DEC for their outstanding achievements.

NYEL provides flexibility to prospective applicants by offering two membership tiers, the entry tier and the leadership tier. In addition, NYEL is open to wide array of organizations including businesses, especially manufacturers, as well as organizations such as schools, hospitals, and local governments. For more information on which tier best fits your organization, please visit the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html.

If your organization is interested in becoming a NYEL member during this open enrollment period, a NYEL application form for the tier your facility intends to apply for must be completed and returned by October 31, 2011. Interactive versions of the NYEL Entry Tier Application and NYEL Leadership Tier Application forms are available for download on the NYS DEC website at: http://www.dec.ny.gov/chemical/939.html. Also, if you have any colleagues that you think may be interested in NYEL, please forward them this information.

If you have any questions, require any additional information, or experience problems down loading the applications, please do not hesitate to contact John Vana at (518) 402-9469, or Ryan Waldron at (518) 402-9194.

Contact: Ryan Waldron, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9194.

State Pollutant Discharge Elimination System (SPDES) General Permit For Stormwater Discharges From Municipal Separate Storm Sewer Systems (MS4)
Permit No. GP-0-10-002

New York State Department of Environmental Conservation (NYS DEC) has finalized modifications, public noticed on March 18, 2011, to the SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer systems (MS4 General Permit) that extend specific Watershed Improvement Strategy and retrofit deadlines and make corrections to Table IX.C and Appendix 2. The effective permit is available at: http://www.dec.ny.gov/chemical/43150.html#Permit. The responsiveness summary is available on NYS DEC's website at: http://www.dec.ny.gov/chemical/41392.html.

In response to the comments received, NYS DEC proposes to modify Appendix 2 to include an updated list of impaired waterbodies listed on the 2010 Priority Waterbodies List (PWL), which was finalized in June 2010, before NYS DEC proposed to modify Appendix 2 in March 2011. The permit proposes a deadline of January 8, 2015 for implementation of Part III.B(1) for the newly added segments. A fact sheet on these new changes to Appendix 2 provides additional details on the methodology used for inclusion of water bodies in this appendix. It must be noted that listing, soliciting public comments and approval of impaired waters involve a separate process independent from this permit modification. This notice is not intended to solicit comments on the status of the impairments or any components of the permit except for Appendix 2 and the specified deadline.

Copies of the proposed modification to Appendix 2 and the fact sheets combined with responsiveness summary are available on DEC's website at: http://www.dec.ny.gov/chemical/41392.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 updates to Appendix 2 will be accepted by fax or mail until close of business on November 19, 2011 or 30 days after publication of this notice. Comments should be filed with the contact listed below.

Contact: Shohreh Karimipour, NYS DEC - Division of Water, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, NY 12233-3505, Phone: (518) 402-8115, Fax: (518) 402-9029, E-mail: sxkarimi@gw.dec.state.ny.us.

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