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ENB - Statewide Notices 7/24/2013

Public Notice

Notice of Complete Application

The New York State Department of Environmental Conservation (NYS DEC) proposes to issue two General Permits for placement, construction, maintenance and removal of stream crossings for timber harvesting: 1) GP-0-13-002 Temporary Bridges no greater than 30 feet long; and 2) GP-0-13-004 Temporary Bridges no greater than 50 feet long; Temporary Single Culverts only in streams no greater than 8 feet wide. There may be no more than one crossing per 1,000 feet of stream course, and the crossing will be removed upon completion of work.

Permits Applied for: Article 15, Title 5 Stream Disturbance and Section 401 - Clean Water Act Water Quality Certification

Project Location: NYS DEC Regions 3, 4, 5, 6, 7, 8, 9

State Environmental Quality Review: Project is not subject to SEQR because it is a Type II action (minor temporary use).
SEQR Lead Agency: None Designated.

State Historic Preservation Act (SHPA) Determination: NYS DEC has consulted with New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) in accordance with 9 NYCRR 428.13 and have a Memorandum of Understanding that the activities as conditioned in the permits will not change the quality of historic resources and is exempt from review.

Opportunity for Public Comment: Comments on this project must be submitted in writing no later than 8/12/2013 or 15 days after the publication date of this notice, whichever is later, to: Stuart Fox, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167, E-mail: deppermitting@dec.ny.gov

The draft permits are available on the NYS DEC website at: http://www.dec.ny.gov/permits/6061.html.

Contact: Stuart Fox, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167,E-mail: deppermitting@dec.ny.gov


Notice of Adoption to Amend 6 NYCRR Part 40

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

NYS DEC seeks to file a Notice of Adoption to amend 6 NYCRR Part 40 to adopt rules pertaining to the recreational harvest of summer flounder, scup, and black sea bass. This rule making will decrease the minimum size limit for summer flounder to 19.0 inches and remove 1 day in September from the end of the season. For scup, the recreational possession limit will increase to 30 fish and the minimum size limit for all anglers will be 10.0 inches. For anglers on board licensed party and charter boats, there is a bonus season from September 1 through October 31 during which the scup possession limit will increase to 45 fish. For black sea bass the recreational season will be reduced to the period from July 10 through December 31. The possession limit will decrease to 8 fish. New York State is seeking to increase fishing opportunities (summer flounder and scup) for recreational anglers and remain in compliance with the Atlantic State Marine Fisheries Commission interstate fishery management plan for summer flounder, scup and black sea bass.

This notice will be published in issue 30 of the State Register, dated July 24, 2013.

For further information, please contact:

Steve W. Heins
NYS DEC - Division of Fish, Wildlife and Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435
E-mail: swheins@gw.dec.state.ny.us


Data Solicitation for 2014 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, 2014. 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 2014 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 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 2014 CWA Section 303(d) List, data and information must be received by September 30, 2013. 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 USEPA by April 1, 2014.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2014 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 sent to the address above, or forwarded via e-mail to: 4pwlinfo@gw.dec.state.ny.us. 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 2014 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, E-mail: jamyers@gw.dec.state.ny.us.


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Drinking Water State Revolving Fund (DWSRF)

Draft Amendment 2 to the 2013 CWSRF and DWSRF Intended Use Plans (IUP)
Anticipated Funds Available; Project Eligibility; Webinar; Public Information Meetings; Comments

The New York State Environmental Facilities Corporation (NYS EFC), the New York State Department of Environmental Conservation (NYS DEC),and the New York State Department of Health (NYS DOH) are pleased to announce the availability of draft Amendment 2 to the Federal Fiscal Year (FFY) 2013 Intended Use Plans (IUP) for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF). The CWSRF program is available to municipalities and certain non-municipal entities in NYS to finance water quality related projects. The DWSRF program is available to municipally and privately owned public water systems in NYS to finance drinking water infrastructure improvements. The amendments present guidance related to the implementation of the Storm Mitigation Loan Program (SMLP) and other minor changes.

On January 29, 2013, the President of the United States signed into law, P.L. 113-2, "Making supplemental appropriations for the fiscal year ending September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, and for other purposes." Included in this Act is the "Disaster Relief Appropriations Act, 2013" (DRAA).

The purpose of DRAA is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster at treatment works as defined by section 212 of the Federal Water Pollution Control Act or any eligible facilities under section 1452 of the Safe Drinking Water Act.

New York State's allotment from the $500 million DRAA appropriation in CWSRF funds is approximately $283.1 million. With the required 20% match from the state, the total funding available is approximately $340 million. New York State's allotment from the $100 million DRAA appropriation in DWSRF funds is approximately $56.6 million. With the required 20% match from the state, the total funding available is approximately $67.9 million. NYS EFC and NYS DOH will implement this funding through the CWSRF and DWSRF as the Storm Mitigation Loan Program (SMLP). DRAA requires that New York State offer between 20% and 30% of the available appropriated funding as additional subsidization. NYS intends to offer the maximum additional subsidization as a blend of 25% grant and 75% no-interest loan through SMLP

Eligible Projects:

Eligible projects for both the CWSRF and DWSRF must be within the 14 counties declared disaster as a result of Hurricane Sandy (Suffolk, Nassau, Queens, Kings, Richmond, New York, Bronx, Westchester, Putnam, Rockland, Orange, Sullivan, Ulster, Greene) and must have experienced damage as a result of Hurricane Sandy, and/or suffered a loss or disruption of mission-essential functions that caused a potential impact to public health and/or the environment.

CWSRF - Projects must either be municipally-owned SPDES-permitted facilities and/or their associated systems (Section 212), or Non-Point Source (NPS) (Section 319) or Estuary (Section 320) projects directly impacting a SPDES-permitted facility. Section 319 or 320 projects may be eligible as long as their construction will result in a direct reduction in the risk of flood or other damage from future storms or other natural disasters to municipally-owned SPDES-permitted facilities and/or their associated systems.

Eligible projects are projects that prevent interruption of collection system operation in the event of a flood or natural disaster; prevent floodwaters from entering a treatment works; maintain the operation of a treatment works and the integrity of the treatment train in the event of a flood or natural disaster; preserve and protect treatment works equipment in the event of a flood or natural disaster; or planning projects that assess a treatment works' vulnerability to flood damage or that analyze the best approach to integrate system and community sustainability/resiliency priorities in the face of a variety of uncertain futures including natural disasters and more frequent and intense extreme weather events, provided the planning work is reasonably expected to result in a capital project

DWSRF - Projects must be for community water systems, both publicly and privately owned, or non-profit, non-community water systems.

Eligible projects are projects that prevent interruption of water distribution system operation in the event of a flood or natural disaster; prevent floodwaters from entering a treatment plant or well house; maintain the operation of a drinking water treatment plant, intake or well in the event of a flood or natural disaster; preserve and protect water system equipment in the event of a flood or natural disaster; or planning projects that assess a treatment works' vulnerability to flood damage or that analyze the best approach to integrate system and community sustainability/resiliency priorities in the face of a variety of uncertain futures including natural disasters and more frequent and intense extreme weather events, provided the planning work is reasonably expected to result in a capital project.

Timing:

All CWSRF related applications should be submitted to NYS EFC by April 1, 2014, and DWSRF related pre-applications be submitted to NYS DOH as soon as possible but no later than December 1, 2013. All SMLP financial agreements must be closed by September 2016. All construction must be completed and all SMLP funds must be expended by July 2019.

Due Date for Comments:

Written comments on the draft amendment must be submitted prior to the September 9, 2013 deadline.

CWSRF Program:

Submit comments by: Monday, September 9, 2013

Submit comments to:
Timothy P. Burns
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, New York 12207-2997
Fax: (518) 402-7456
E-mail: iupcomments@efc.ny.gov

DWSRF Program:

Submit comments by: Monday, September 9, 2013

Submit comments to:
Michael Montysko
NY DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Room 1135
Albany, New York 12237
Fax: (518) 402-7659
E-mail: BPWSP@health.state.ny.us (if sent by email put Draft IUP comment in the subject line)

WEBINAR:

NYS EFC and NYS DOH will host at least one webinar to review the draft amendment. The date and time of the webinar, along with log-on instructions, will be posted on NYS EFC's website at: www.efc.ny.gov. Information regarding the webinar will also be emailed to potential applicants.

Public Information Sessions:

NYS EFC and NYS DOH plan to conduct Public information Sessions within the 14 county area eligible for SMLP assistance. The locations, dates, and times of the public information sessions will be posted on NYS EFC's website at: www.efc.ny.gov. Information regarding the public information sessions will also be emailed to potential applicants.

NYS EFC and NYS DOH Contacts:

For information on these SRF programs, please contact:

CWSRF: Dwight Brown
NYS EFC - Division of Engineering & Program Management New York State Environmental Facilities Corporation
625 Broadway
Albany, New York 12207-2997
Phone: (800) 882-9721 or (518) 402-7396
Fax: (518) 402-7456
E-mail: dwight.brown@efc.ny.gov
NYS EFC website: www.efc.ny.gov

DWSRF: Michael Montysko
NYS DOH
Empire State Plaza
Corning Tower Rm. 1135
Albany, New York 12237
Phone: (800) 458-1158 ext. 27650 or (518) 402-7650
Fax: (518) 402-7689
E-mail: mjm07@health.ny.gov


Notice of Acceptance of Draft GEIS and Public Hearing

Statewide - The New York State Public Service Commission, as lead agency, has accepted a Draft Generci Environmental Impact Statement on the proposed Indian Point Contingency Plan. Written comments on the Draft EIS will be accepted until August 23, 2013. The Draft GEIS is available from the New York State Department of Public Service, 3 Empire State Plaza, Central Files, 14th Floor, Albany, NY, and the New York State Department of Public Service, 90 Church Street, 4th Floor, New York, NY, and on line at: http://www.dps.ny.gov (Case 12-E-0503).

The action involves the development of a Reliability Contingency Plan by the New York State Public Service Commission (NYS PSC) to address reliability concerns that may arise in the event that the Indian Point Energy Center (IPEC) would not be operational after its license expires at the end of 2015. The NYS PSC sought proposals to replace the anticipated lost electrical power, in the event of the IPEC's unavailability, in order to ensure an adequate and reliable supply of electricity. This Draft GEIS evaluates the potential environmental impacts of a range of proposed projects to address the closure of the IPEC. The proposed projects include a range of possible electric transmission, electric generation, and battery storage facilities located throughout the state. The project is located throughout New York State.

Contact: Jeffrey C. Cohen, NYS PSC, 3 Empire State Plaza, Albany, NY 12223-1350, Phone: (518) 474-6530, Fax: (518) 486-6081, E-mail: secretary@dps.ny.gov.


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