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ENB - Statewide Notices 8/26/2015

Public Notice

Pursuant to the Environmental Conservation Law sections 3-0301, 11-0303, 11-0305, 11-0317, 11-1301, 11-1303, 11-1316, and 11-1319, the New York State Department of Environmental Conservation (NYS DEC) hereby give notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Part 10/Sections 10.1, 10.2, 10.3 and 10.4 pertaining to Sportfishing Regulations. This notice will be published in issue 34 of the State Register, dated August 26, 2015.

For further information, please contact:

Shaun Keeler:
NYS DEC - Division of Fish, Wildlife and Marine Resources
625 Broadway
Albany, NY 12233
Phone: (518) 402-8928
E-mail: shaun.keeler@dec.ny.gov


Guidance on Freshwater Wetland Delineation and Determination Hold Period

The New York State Department of Environmental Conservation (NYS DEC) is revising the policy memorandum which establishes the length of time freshwater wetland determinations and surveyed delineation of freshwater wetlands will be considered fixed. The new policy establishes a five (5) year time period, which is a change from the three (3) year time period established in paragraph 10 of Policy Memorandum FW 87-1. This change provides for consistent treatment of jurisdictional determinations and delineation by NYS DEC and the United States Army Corps of Engineers (US ACE). Implementation of this policy will provide greater certainty to the regulated public during the permitting process.

Contact: Tim Post, NYS DEC - Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany NY, 12233, E-mail: tim.post@dec.ny.gov.


Data Solicitation for 2016 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, 2016. 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 2016 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. 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.

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 pending List, but will be incorporated into subsequent water quality assessments. 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 be included for consideration in the compiling of the 2016 CWA Section 303(d) List, data and information must be received by September 30, 2015. 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 the United States Environmental Protection Agency (US EPA) by April 1, 2016.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet (PDF) (214.64 KB) which may also be found at: http://www.dec.ny.gov/chemical/36730.html. 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. Worksheet information can also be obtained by contacting Sarah Rickard 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, supporting water quality monitoring data, a copy of the corresponding Quality Assurance/Quality Control (QA/QC), QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via e-mail to: 4pwlinfo@dec.ny.gov.

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 2016 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.

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@dec.ny.gov.


Draft Amendment No. 6 to the Drinking Water State Revolving Fund Federal Fiscal Year (FFY) 2015 Intended Use Plan

FFY 2015 Intended Use Plan Annual List Project Amendment:

DWSRF#17637- Pomfret (T), Chautauqua County - The project cost listed in the Intended Use Plan (IUP) is increased by $260,000 to reflect the additional funds needed to close on the long term financing based on the actual final project cost. The increased cost being made available will be in the form of financing which will be repaid back to the program as a part of the long term financing.

The New York State Department of Health (NYS DOH) has determined that the amendment is necessary, reasonable, and in the interest of protecting public health. The project amendment will not adversely affect any project on the IUP Project Annual List above the subsidized funding line. Except as noted above, there are no other changes to the IUP as a result of this Amendment No. 6 of the FFY 2015 IUP.

Public Review and Comment on Draft Amendment No. 6

NYS DOH will accept comments on Amendment No. 6 to the FFY 2015 DWSRF IUP by mail, fax or email until 5:00 p.m. EST on Wednesday August 9, 2015.

Comments should be addressed to:

Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Corning Tower Room. 1135
Empire State Plaza
Albany, NY 12237
Fax: 518-402-7599
E-mail: bpwsp@health.ny.gov (If sent by email please reference "IUP Amendment Comment" in the subject line)


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