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ENB - Statewide Notices 10/23/2013

Public Notice

Public Meeting and Extension of the Comment Period

This notice announces a public meeting and extension of the comment period for the previously released Draft Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation (NYS DEC) to address the following waterbodies:

Black Creek, Upper, Genesee County
Bigelow Creek, Genesee County

A public meeting will be held on October 30, 2013 at 1:00 p.m. to discuss the draft TMDL at the Genesee County Park Interpretive Nature Center located at 11095 Bethany Center Road, East Bethany, NY 14054. Information on the location is available at: http://www.co.genesee.ny.us/departments/parks/inc.html.

NYS DEC is extending the public comment period on the draft TMDL and will now accept comments until the close of business on November 15, 2013.

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. Comments on the Draft TMDL document should be sent, written or email, to the same address. Comments received by close of business November 15, 2013 will be considered prior to submitting the final TMDL to the EPA for approval.

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


Notice of Proposed 2014 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 hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) is proposing to establish the 2014 annual harvest limit for surfclams taken by mechanical means from the certified waters of the Atlantic Ocean at 225,000 industry standard bushels which would maintain the level of harvest (total allowable catch) that was established for 2013. NYS DEC completed its most recent surfclam population assessment (survey) in the New York State waters of the Atlantic Ocean in 2012. The results of the survey reported a surfclam population estimate (biomass or volume) of 5.2 million industry standard bushels, a decrease of 24% since the 2008 survey. Additionally, the total number of clams decreased to 470 million clams in 2012 which represents about a 40% decline since the 2008 survey. The overall recruitment and percentage of sub-legal sized clams from the Atlantic Ocean for this survey was about 6% which is a decrease from the 2008 estimate of 10%. As a result the harvest limit for 2013 was decreased by 25% from 300,000 bushels to 225,000 bushels in order to protect the surfclam resource.

Pursuant to NYS DEC's Fishery Management Plan for the Atlantic Ocean Surfclam Fishery and 6 NYCRR 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 225,000 industry standard bushels represents 4.33 percent of the surfclam population biomass based on the 2012 surfclam survey. Therefore, after considering the most recent surfclam population assessment (survey) data, prior survey data, harvest reports and other biological and statistical information, NYS DEC is proposing to maintain the annual harvest limit at 225,000 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 2014 no later than November 15 for an effective date of January 1 after taking into consideration public comment and any other relevant fishery related information.

Written comments on the proposed 2014 Atlantic Ocean surfclam annual harvest limit will be accepted by mail, email, or fax until close of business Wednesday, November 6, 2013. Additionally, if you would like to receive a copy of the 2012 surfclam survey report, please submit a written request to NYS DEC.

Comments and Written Requests should be sent to:

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


Notice of Proposed Rule Making to amend 6 NYCRR by promulgating a new Part 575 pertaining to Invasive Species.

Pursuant to the Environmental Conservation Law (ECL), including section 9-1709, the Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC has filed a Proposed Rule Making with the New York State Department of State to amend 6 NYCRR by promulgating a new Part 575 pertaining to invasive species. The proposed regulations will be published in the New York State Register on October 23, 2013. Public comments will be accepted by the NYS DEC for sixty days after publication through December 23, 2013. Comments may be submitted to Leslie Surprenant at the address below or e-mailed to: invasivesregs@gw.dec.state.ny.us.

The NYS DEC will conduct four public hearings across the State as follows:

Buffalo
Date:Tuesday December 10, 2013
Time: 2:00 p.m.
Location: NYS DEC - Region 9 Office
First Floor Conference Room
270 Michigan Avenue
Buffalo, NY 14203

Syracuse
Date:
Wednesday December 11, 2013
Time: 2:00 p.m.
Location: New York State Fairgrounds
Martha Eddy Room
581 State Fair Blvd
Syracuse, NY 13209

Albany
Date:
Monday December 16, 2013
Time: 3:00 p.m.
Location: NYS DEC Central Office
Public Assembly Room (Floor 1)
625 Broadway
Albany, NY 12233

Long Island
Date:
Tuesday December 17, 2013
Time: 2:00 p.m.
Location: NYS DEC - Region 1 Office
State University of New York at Stony Brook
Basement Conference Room
50 Circle Rd
Stony Brook, NY 11790

NYS DEC staff will be available one half hour before the start of the hearings to answer questions. The detailed proposed rule, including lists of prohibited and regulated species, may be viewed by visiting the NYS DEC - Division of Lands and Forests proposed regulations web site at: http://www.dec.ny.gov/regulations/2359.html.

The proposed invasive species regulations provide rules and procedures to identify, classify; and establish a permit system in an effort to restrict the sale, purchase, possession, propagation, introduction, importation, and transport of invasive species in New York, as part of NYS DEC's statewide invasive species management program, as required by Environmental Conservation Law (ECL) Sections 9-1709 and 71-0703. NYS DEC, as lead agency, has determined that the proposed action described would not have a significant adverse environmental impact and has not prepared an Environmental Impact Statement, rather has issued a Negative Declaration.

These draft regulations are jointly proposed by NYS DEC and the New York State Department of Agriculture and Markets (NYS DAM), as both agencies have a clear interest (and authority) in reducing the adverse environmental and economic impacts of invasive species. This rulemaking provides a listing of prohibited invasive species and regulated invasive species, and specifies the criteria used in making such a classification and a means for future classification of species.

These regulations, once implemented, are expected to help control invasive species, a form of biological pollution, by reducing the introduction of new and spread of existing populations, thereby having a positive impact on the environment.

For further information, contact:

Leslie Surprenant
NYS DEC - Division of Lands and Forests
Invasive Species Coordination Unit
625 Broadway, Floor 5
Albany, NY 12233-4250
Phone: (518)402-8980


Release of Draft Survey of Methods for Implementing and Documenting Water Conservation in New York availability for Public Comment

As a result of its expanded authority in Environmental Conservation Law, Title 15-1501, (effective February 15, 2012) to regulate all water withdrawals of 100,000 gallons per day or more, the New York State Department of Environmental Conservation (NYS DEC) contracted with the United States Geological Survey (USGS) to develop additional guidance for water conservation in New York. The resulting document, "A Survey of Methods for Implementing and Documenting Water Conservation in New York" is now available for public comment.

One of the requirements of the ECL 15-1501 is to require that environmentally sound and economically feasible water conservation measures be taken by all permitted water withdrawals. To provide additional guidance to non-public water supply withdrawers regarding appropriate water conservation measures, this draft manual includes guidance and best management practices (BMPs) for non-potable uses such as industrial, agricultural, golf course irrigation, power generation, and more.

The release of this Survey has been vetted through the SEQR process. It is an unlisted activity and has a Negative Declaration.

The full Survey is available at: http://www.dec.ny.gov/lands/67073.html or may be requested from the contact shown below.

Public comments will be received until Friday, November 22, 2013 and may be submitted to: wateregs@gw.dec.state.ny.us.

Contact: Robert Simson, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233, Phone: (518) 402-8271, E-mail: wateregs@gw.dec.state.ny.us.


New York State Department of Environmental Conservation (NYS DEC) announces the issuance of two General Permits under the authority of Environmental Conservation Law Article 15, Title 5 Stream Disturbance and Section 401 - Clean Water Act Water Quality Certification:

GP-0-13-002 - The placement, construction, maintenance and removal of stream crossings for timber harvesting only and limited in scope to:

A. Temporary Bridges - placed bank-to-bank with a bridge length no greater than 30 feet long, limited to no more than one crossing per 1,000 feet of stream course, and removed upon completion of work.
B. Temporary Arch Culverts - a single arch bottomless culvert only, in streams no greater than 4 feet wide, limited to no more than one crossing per 1,000 feet of stream course, and removed upon completion of work.

GP-0-13-004 - The placement, construction, maintenance and removal of stream crossings for timber harvesting only and limited in scope to:

A. Temporary Bridges - placed bank-to-bank with a bridge length no greater than 50 feet long, limited to no more than one crossing per 1,000 feet of stream course, and removed upon completion of work.
B. Temporary Culverts - a single culvert only, in streams no greater than 8 feet wide, limited to no more than one crossing per 1,000 feet of stream course, and removed upon completion of work.
These permits do not authorize: a) permanent crossings of any type; b) stream fords except any equipment access ford associated with an approved bridge or culvert; c) crossings located within state regulated Freshwater Wetlands and adjacent areas; d) crossings at locations containing state listed Threatened and Endangered species; e) crossings over Wild, Scenic and Recreational Rivers; and f) multiple culverts installed side-by-side.
Additional information regarding this General Permit and the associated Request for Authorization is available on the NYS DEC website at: http://www.dec.ny.gov/permits/90349.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.


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