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ENB - Statewide Notices 4/19/2017

Public Notice

Notice of Proposed Rule Making to amend 6 NYCRR Sub-part 43-1 Surf Clam/Ocean Quahog Fishery Management - Areas Other Than the Atlantic Ocean

Pursuant to Environmental Conservation Law 13-0309(12) the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

The NYS DEC - Division of Marine Resources (DMR) filed a Notice of Proposed Rule Making to amend 6 NYCRR Subpart 43-1 to eliminate unnecessary surfclam permits for those who harvest surfclams by mechanical means from waters other than the Atlantic Ocean (i.e., Long Island Sound, Gardiners Bay, and Block Island Sound. Long Island Sound will be used to refer to all these areas from here on.). The proposed changes will increase NYS DEC's administrative efficiency for permit issuance and streamline the permit application process for surfclam harvesters.

There is a small commercial fishery for surfclams in Long Island Sound. In 2015, NYS DEC - DMR Marine Permit Office (MPO) issued 81 vessel owner permits, 25 captain/operator permits, and 34 crew permits. Each person participating in the harvest of surfclams by mechanical means on a surfclam vessel in Long Island Sound is currently required to hold at least one of these permits. There is no cost for these permits; they are free.

The proposed rule making would eliminate two of the above-mentioned permits and retain only the captain/operator permit. For each vessel taking surfclams from Long Island Sound by mechanical means, at least one person aboard the vessel would need to possess a valid captain/operator permit. That permit would identify the individual who is primarily responsible for all fishing activities on board the vessel and for submitting harvest trip reports to NYS DEC. The captain/operator permit would also identify the vessel being used to harvest surfclams. (The vessel is identified on the three surfclam permits currently issued).

All persons working on board a vessel taking surfclams from Long Island Sound by mechanical means are currently required to possess a valid shellfish digger's permit. That requirement will remain in effect.

This proposal will reduce paper usage and printing costs for NYS DEC and streamline the permit approval and issuance process. Applicants will see a reduction in the number of application forms required to be submitted to NYS DEC. No person is likely to object to the rule because it will reduce paperwork and costs to NYS DEC and reduce the paperwork burden on applicants and permit holders.

There are no anticipated adverse impacts: there are no mandates for local governments, and there are no costs to NYS DEC, local municipalities, or the regulated public.

NYS DEC - DMR promulgate this rule making as a consensus rule making.

This notice will be published in issue 16 of the State Register on April 19, 2017. Written comments will be accepted till June 5th, 2017. Comments should be submitted to Maureen Davidson, NYS DEC - Division of Marine Resources, 205 North Belle Meade Road, Suite 1, East Setauket, NY 11733-3400, E-mail: maureen.davidson@dec.ny.gov

For further information, please contact:

Maureen Davidson
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0483
E-mail: maureen.davidson@dec.ny.gov


Notice of Availability of Proposed Revised Program Policy for Brownfield Cleanup Program Applications and Agreements [DER-32]

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has prepared a proposed revised Program Policy (DER-32) which provides guidance on the application process and the general terms and conditions for the Brownfield Cleanup Agreements (BCAs) under NYS DEC's Brownfield Cleanup Program (BCP). This policy also provides guidance on the process to amend and terminate a BCA. The procedures in this policy are intended for the use and guidance of both NYS DEC staff and those seeking to participate in the BCP.

Environmental Conservation Law (ECL) Article 27, Title 14 (BCP Law) establishes the BCP, sets forth application provisions, and requires NYS DEC to execute a BCA prepared in accordance with ECL 27-1409 for the completion of a brownfield site remediation program. However, the BCP Law does not prescribe detailed steps of the application process, except that NYS DEC will use its best efforts to either accept or reject the BCA within 45 days after receipt of a complete application. DER-32 is also being revised to comport with the most recent amendments to the BCP Law.

It is the policy of New York State to have processes in place which facilitate the timely implementation of remedial programs. NYS DEC is able to advance these policies, by adopting procedures that encourage timely participation in the BCP and the cleanup of contaminated real property for reuse and redevelopment. Defining the application process and the terms of participation in the BCP will advance these policies and provide greater certainty and predictability.

Pursuant to Environmental Conservation Law §3-0301(2)(z), written comments regarding the proposed revised Program Policy will be accepted by NYS DEC until Friday, May 19, 2017. Comments should be submitted to Jon Greco, NYS DEC - Division of Environmental Remediation (DER), Remedial Bureau B, 625 Broadway, Albany, NY 12233-7016 or e-mailed to: derweb@dec.ny.gov. Please include "DER-32 BCP Applications & Agreements Comments" in the subject line.

The proposed revised DER Program Policy is available on NYS DEC's website at http://www.dec.ny.gov/regulations/2393.html. If you do not have internet access, please write to Jon Greco at the address above or call (518) 402-9767.

Contact: Jon Greco. NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7016, Phone: 518-402-9767, E-mail derweb@dec.ny.gov.


New York State Department of Transportation Announces Public Review Period for Draft Annual Report for GP-0-15-003.

This notice announces the availability of a Draft Annual Report by the New York State Department of Transportation (NYS DOT), pursuant to the New York State Department of Environmental Conservation (NYS DEC) SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), GP-0-15-003. The Draft Annual Report documents the NYS DOT's Stormwater Management Program for the Reporting Period of March 10, 2016 to March 9, 2017.

NYS DOT is making this draft document available for public comment for a period ending May 19, 2017. Interested parties may provide their comments to the NYSDOT via mail or e-mail to be considered in finalizing the document.

Background: The SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), GP-0-15-003, requires that agencies or municipalities identified as Regulated Small MS4s must develop a Stormwater Management Program to address six Minimum Control Measures. This public notice serves to comply with the NYS DOT's "Public Involvement/Participation" Minimum Control Measure.

Information: Copies of the Draft Annual Report can be obtained by contacting the NYS DOT - Office of Environment by mail to POD 4-1, 50 Wolf Road, Albany, NY 12232, or by phone at (518) 457-5672. The Draft Annual Report is also available on the NYSDOT Stormwater Management webpage during the comment period at:
https://www.dot.ny.gov/divisions/engineering/environmental-analysis/water-ecology/stormwater-management

Mail comments to:

Melvin Romeyn, NYS DOT - Office of Environment, POD 4-1, 50 Wolf Road, Albany, NY 12232.

E-mail comments to:

Stormwater@dot.ny.gov - Subject Line: Comments - Draft MS4 Annual Report 2017

Contact: Melvin Romeyn, NYS DOT - Office of Environment, POD 4-1, 50 Wolf Road, Albany, NY 12232, E-mail: Stormwater@dot.ny.gov


Negative Declaration

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Eradication of Giant Hogweed Across New York State will not have a significant adverse environmental impact. The action involves the application of herbicide to work toward eradication of giant hogweed plants in New York State. There are currently 1,293 known giant hogweed sites with plants. Smaller sites are generally controlled manually with root-cutting. This action covers all sites, but herbicide application will likely occur on only one-third of the known sites. The action will take place at up to 400 sites and adjacent locations as well as new sites that are discovered, ranging in size from 0.01 acre to 5.4 acres, and totaling approximately 140 acres throughout 27 counties. The average site size is 0.35 acres. The application method used will be by backpack sprayer, or other sprayer if more appropriate for the site, targeting only giant hogweed plants. It is anticipated that the herbicide (Accord XRT II, Garlon 4 Ultra, or equivalent herbicide) may need to be applied 1 to 2 times per year for five or more years. This project will begin approximately April 1, 2017 and continue until 2021. Manual control by root cutting and/or flower head removal may be used on small sites or in sensitive portions of larger sites. Controlling giant hogweed will help to eliminate a federal noxious weed and public health hazard before it spreads even further throughout New York State.

Contact: Andrew MoskaLee, NYS DEC - Division of Lands and Forests, 21 South Putt Corners Road, New Paltz, NY 12561, Phone: (845) 256-3001.


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