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ENB - Statewide Notices 4/11/2012

Public Notice

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

Notice of Emergency Adoption to amend 6 NYCRR Part 40 pertaining to the recreational and commercial harvest of tautog . This notice will be published in issue 15 of the State Register, dated April 11, 2012.

For further information, please contact:

Stephen W. Heins
NYS DEC - Region 1 Marine Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@gw.dec.state.ny.us


The New York State Department of Environmental Conservation (NYS DEC) is proposing a new guidance document to aid in the interpretation of terms contained within 6NYCRR Part 661 of the Tidal Wetland Land Use Regulations relating to installation of catwalks and docks.

Tidal wetlands are invaluable for marine food production, wildlife habitat, flood, hurricane, and storm control. The proposed modifications to this guidance document is intended to help DEC staff review permit applications for catwalks and docks with the intention of maintaining the quality of tidal wetlands so that they will continue serve as cleansing and protective ecosystems."

This guidance document was a collaborative effort between the Division of Fish, Wildlife and Marine Resources, Division of Environmental Permits and Regional staff.

The development of this guidance document is in response to the many challenges involved in managing a program and balancing environment concerns with developmental pressures. This proposed guidance document is intended to aid both NYS DEC staff and the regulated public by producing a clearer, more easily understood and therefore streamlined permit process relating to installation of catwalks and docks in marine waters.

NYS DEC staff typically issue approximately 1,900 tidal wetland permits a year in Nassau and Suffolk counties alone with docks and catwalks being one of the largest permit items requested.

In the early 1970s, New York State began to recognize the importance of tidal wetland areas and sought to insure their protection from filling and dredging--human activities that had drastically reduced the amount of tidal wetlands in New York by passing the Tidal Wetland Act in 1973. These regulations apply anywhere tidal flooding occurs on a daily, monthly or intermittent basis.

Tidal wetlands line much of the salt water shore, bays, inlets, canals, and estuaries of Long Island, New York City, and Westchester County. They also line the Hudson River in Westchester and Rockland Counties upstream to the salt line.

In 1974 NYS DEC collected a set of aerial infrared photographs of all the tidal wetlands on Long Island and along the lower Hudson River. Using these photographs, NYS DEC established the New York State Official Tidal Wetlands Inventory, a set of maps delineating and classifying all the tidal wetlands in New York. These maps are used by NYS DEC and other municipal agencies to control and manage the development, filling and dredging of areas in and around New York's tidal wetlands.

The current Part 661 Regulations are available for review on the NYS DEC Public Website at: http://www.dec.ny.gov/regs/2485.html.

NYS DEC has posted the proposed guidance document on the NYS DEC's main Tidal Wetlands webpage at: http://www.dec.ny.gov/lands/4940.html.

The proposed dock guidance provides guidelines for evaluating the compatibility of a project with on site conditions and to facilitate consistency with permit issuance standards. It provides users with guidelines on issues such as:

  • Avoidance of impact to valuable habitats;
  • Appropriate water depths and methods for determining them;
  • Structure use and
  • Minimization of short term construction impacts

Notice of availability for comment was published in the Environmental Notice Bulletin (ENB) on April 11, 2012.

Citizens and officials interested and affected by the Tidal Wetland Land Use Regulations may provide comments on this guidance document. All comments and concerns on the Part 661 guidance documents proposed revisions should be forwarded to: Dawn McReynolds, Bureau of Marine Resources, New York State Department of Environmental Conservation, 205 N. Belle Meade Road, E. Setauket, NY 11733 or fwmarine@gw.dec.state.ny.us by May 9, 2012. Please reference Tidal Wetland Guidance in the subject of the email.

Contact: Dawn McReynolds, NYS DEC - Region 1 Marine Headquarters, 205 North Belle Meade Road, East Setauket, NY 11733, E-mail: fwmarine@gw.dec.state.ny.us.


Notice of Rescission of Program Policy DSHM-HW-05-15 Quality Assurance Project Plans

Notice is hereby given that the Division of Environmental Remediation (DER) in the New York State Department of Environmental Conservation (NYS DEC) has rescinded Program Policy DSHM-HW-05-15 Quality Assurance Project Plans on April 4, 2012.

DSHM-HW-05-15 was rescinded because it is outdated and the current Quality Assurance guidance for hazardous waste facilities governed under the Resource Conservation and Recovery Act Subtitle C (RCRA-C) can be found in Chapter 2 of DER's Program Policy, DER-10 Technical Guidance for Site Investigation and Remediation. This policy document is accessible on NYS DEC's public web site at: http://www.dec.ny.gov/regulations/67386.html. Also, NYS DEC - DER recently revised its Quality Management Plan to address quality assurance issues for facilities regulated under RCRA-C. This revised plan was approved by the United States Environmental Protection Agency on March 12, 2012.

Related Information: In October 2010, NYS DEC - DER was given responsibility for regulating certain hazardous waste management facilities under RCRA-C through a reorganization approved by the NYS DEC Commissioner. DER-10 is applicable to facilities under the RCRA-C program. Hazardous Waste Management Program Regulations (Part 370 series) are posted on NYS DEC's public web site on various web pages, which begin at: http://www.dec.ny.gov/regs/4390.html.

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764, E-mail: derweb@gw.dec.state.ny.us.


Public Meeting Notice

Pursuant to Article 9, Title 17 of the Environmental Conservation Law, the New York State Departmental of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The New York Invasive Species Council is convening its fourteenth regular meeting on:

Date: Friday, April 20, 2012
Time: 10:00 a.m. to 2:00 p.m.
Location: NYS DEC - Central Office
625 Broadway
Albany, NY 12233

The Council comprises nine State agencies and is co-led by the NYS DEC and the New York State Department of Agriculture and Markets.

This meeting is open to the public. Attendees will be required to show a drivers license or other photo ID at the Security Desk.

Contact: Kathy Moser, NYS DEC, 625 Broadway, Albany, NY 12233, Phone: (518) 402 8533 or Kevin King, New York State Department of Agriculture and Markets, 10 B Airline Drive, Albany, NY 12235, Phone: (518) 457 2087.


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