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ENB - Statewide Notices 7/12/2017

Public Notice

Pursuant to the Environmental Conservation Law sections 3-0301, 11-0303, 11-0917, 11-1101, 11-1103, and 11-1105, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Adoption to Amend 6 NYCRR Part 2/Section 2.2 Pertaining to hunting small game mammals; bobcat and Part 6/Section 6.2 pertaining to Bobcat trapping seasons and bag limits. This notice will be published in issue 28 of the State Register, dated July 12, 2017.

For further information, please contact:

Michael Schiavone:
NYS DEC - Division of Fish and Wildlife
625 Broadway
Albany, NY 12233-4754
Phone: (518) 402-8883
E-mail: michael.schiavone@dec.ny.gov



State Pollutant Discharge Elimination System (SPDES) Priority Ranking List 2017

The New York State Department of Environmental Conservation (NYS DEC) is providing the Environmental Benefit Permit Strategy (EBPS) priority rankings in conformance with section 17-0817(6) of the Environmental Conservation Law. The lists are based on a ranking system that prioritizes permits for full technical review and, when necessary, modification. The full technical review is conducted in one of nine regional offices or the central office, depending on the location of the discharge and whether the permit has been assigned to the central office based on USEPA designation as a major discharge or state designation as a centralized significant industrial permit.

The EBPS priority ranking system should not be confused with the SPDES permit renewal process. Most permits are renewed prior to expiration by a separate administrative procedure. At times, these renewals will be delayed to address necessary modifications to the permit.

The 2017 SPDES permit lists can be viewed at the NYS DEC website: http://www.dec.ny.gov/permits/6054.html. The lists are based on ranking scores and reflect the priority list for each office. The ranking scores are updated on a continuous basis due to the discovery of new information and the issuance of modifications that eliminate the factors which go into each score. Each of the ranking lists includes the factors that make up each of the scores for each of the permits on the lists. The top 10% of each list represents a workload objective during this fiscal year. Additional information describing the EBPS process follows the ranking lists, and is also available by contacting the Bureau of Water Permits at (518) 402-8111 or by e-mail at bjhorton@gw.dec.state.ny.us, or at the address listed below.

Any interested party may provide, at any time, substantive comments requesting a change in a permit's rank based on the grounds that newly discovered material information exists; that a material change in environmental conditions has occurred; or that relevant technology or applicable law or regulations have changed since the issuance of the existing permit. All such requests shall be in writing and contain facts or reasons supporting the request. Comments must be sent to Director, Bureau of Water Permits, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233-3505.

Contact: Brian Baker, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233-3505, Phone: (518) 402-8111.


Notice of Intent and Annual Nutrient Management Plan for the Concentrated Animal Feeding Operation(s)

New York State Department of Environmental Conservation (NYS DEC) has received a Notice of Intent (NOI) and Annual Nutrient Management Plan (ANMP) for the Concentrated Animal Feeding Operation(s) listed below. The operations listed below are seeking coverage under the NYS DEC Clean Water Act State Pollutant Discharge Elimination System General Permit for Concentrated Animal Feeding Operations (CAFOs) (GP-0-16-002). These documents are available for public review, comment and hearing request until 30 days from posting date. To download a copy of these documents go to: http://www.dec.ny.gov/permits/6054.html.

Clinton County NYS DEC - Region 5

Lamberton Farms
317 Davison Road
Moores Forkes, NY 12959

Ontario County NYS DEC - Region 8

Landmark Farms
2607 Route 488
Clifton Springs, NY 14432

Vince DeBoover Farm
956 Ansley Road
Geneva, NY 14456

Contact: Doug Ashline, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8086, E-mail: douglas.ashline@dec.ny.gov.


Pursuant to the Environmental Conservation Law sections 13-0330(6) and 13-0331(7), the New York State Department of Environmental Conservation (NYS DEC) gives notice of the following:

NYS DEC Division of Marine Resources has filed a Notice of Proposed Rule Making to amend 6 NYCRR Part 44 Lobsters and Crabs and Part 50 Miscellaneous Marine Species. This amendment will propose the following:

1) Require the use of terrapin excluder devices measuring one and three-quarter inches high by four and three-quarter inches wide in crab traps set in near shore harbors, creeks, and tributaries of the marine and coastal district;

2) Allow two horseshoe crab permit holders to harvest from a single vessel or vehicle, each can take a single harvest limit; and

3) Require mandatory catch reporting for whelk permit holders.

These amendments will promote prudent management strategies for crabs, horseshoe crabs and whelk.

This notice will be published in issue 28 of the State Register on July 12, 2017. There will be a 45 day public comment period on the proposed rule beginning July 13, 2017.

For further information, please contact:

Kim McKown
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0454
E-mail: mailto:fw.marine@dec.ny.gov


Data Solicitation for 2018 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 the United States Environmental Protection Agency (US EPA) by April 1, 2018. 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 2018 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. The 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 2018 CWA Section 303(d) List, data and information must be received by September 29, 2017. 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 US EPA by April 1, 2018.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet, 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, NYS DEC - Division of Water, Bureau of Watershed Assessment and Management, 625 Broadway, 4th Floor, Albany, NY 12233-3502, Phone: (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@gw.dec.state.ny.us.

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 2018 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, Bureau of Watershed Assessment and Management, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail: 4pwlinfo@gw.dec.state.ny.us.



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