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ENB - Region 9 Notices 2/6/2013

Public Notice

Availability for Comment on Draft TMDL

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:

Java Lake, Wyoming County

Java Lake is impaired for phosphorus. Public comment on this document will be accepted for 30 days, through close of business March 8, 2013.

Background: States are required by Section 303(d) of the Clean Water Act and the United States Environmental Protection Agency's (US 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 phosphorus TMDL for Java Lake will rely upon voluntary load reduction efforts from the on-site wastewater treatment (septic) systems and from the agricultural community. Reductions from these sources are necessary to address the existing water quality impairment caused by excessive phosphorus loads.

Information: Copies of the proposed Draft TMDL can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html or by contacting Steve Gladding at NYS DEC - Division of Water, Bureau of Water Resource Management by mail at 625 Broadway, 4th Floor, Albany NY 12233-3508, or by phone at (518) 402-8207, or via email at smgladdi@gw.dec.state.ny.us. Parties interested in meeting with NYS DEC personnel regarding the Draft TMDL document should contact Steve Gladding via phone or at any of the addresses above to request a meeting. Comments on the Draft TMDL document should be sent, written or email, to the same address. Comments received by close of business March 8, 2013 will be considered prior to submitting the final TMDL to the EPA for approval.

Contact: Steve Gladding at NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany NY 12233-3508, Phone: (518) 402-8207, E-mail: smgladdi@gw.dec.state.ny.us.

Conversion of a Portion of Fort Niagara State Park and Addition of Replacement Lands at Bear Mountain State Park

The proposed action is the conversion of 20.16 acres in Fort Niagara State Park that is mapped in accordance with Section 6(f) of the Federal Land and Water Conservation Fund regulations. This would allow for the redevelopment and reuse of 3 former army buildings by a private sector partner. The project also involves the substitution of 140.68 acres of land in Orange County to be added to Bear Mountain State Park as replacement for the conversion of 20.16 acres of recreation land in Fort Niagara State park as required by 6(f). This action must be approved by the National Park Service. This notice is to inform interested persons of the availability for review and comment of an Environmental Assessment on this action prepared in accordance with the National Environmental Policy Act.

Comments will be accepted until close of business on Friday, March 8, 2013.

A hard copy of the EA is available at the Park Office - Fort Niagara State Park

The online version of the EA is available at the following publicly accessible web site: http://nysparks.com/inside-our-agency/public-documents.aspx

The project is located at the Fort Niagara State Park on Route 18F in Youngstown, New York.

Contact: Karen Terbush, New York State Office of Parks, Recreation and Historic Preservation, 625 Broadway, Albany, NY 12238, Phone: (518) 474-8765, E-mail: Karen.terbush@parks.ny.gov.

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