ENB - STATEWIDE NOTICES

Notices of Adoption

Pursuant to the provisions of the State Administrative Procedure Act (SAPA), the Department of Environmental Conservation hereby gives notice of the Amendment of Sections 1.19, 1.20 and 1.21 of Title 6 NYCRR, Environmental Conservation Law, Section 11-0913. Subject of the rule is deer management permits. Purpose of the rule is to provide for the harvest of deer under deer management permits in areas and at levels necessary to maintain deer populations in balance with habitat and compatible with local public interests.

Contact: Robert M. Sanford, Bureau of Wildlife, New York State Department of Environmental Conservation, Wildlife Resources Center, 108 Game Farm Road, Delmar, NY 12054


Pursuant to the provisions of the State Administrative Procedure Act (SAPA), the Department of Environmental Conservation hereby gives notice of the Amendment of 6 NYCRR 2.30 adopting state migratory bird hunting regulations to conform with federal regulations made under authority of Migratory Bird Treaty Act. Emergency adoption of this rule is necessary to conform with changes in federal regulations adopted too late to be addressed through the normal rule-making process. Federal waterfowl hunting regulations for 2000-2001 were not finalized until mid-September 2000 and most hunting seasons in New York begin in early October. Immediate adoption is necessary for preservation of the general welfare because compliance with normal rule-making requirements would be contrary to legislative mandates and would not serve the public interest. Season dates and bag limits must be changed to provide recreational opportunities that are consistent with federal regulations and hunter preferences, as determined by public meetings, surveys and other correspondence. Law enforcement problems, public dissatisfaction and adverse economic impacts would ensue if hunting seasons were not adjusted annually to conform with federal regulations and hunter preferences.

Contact: Bryan L. Swift, Division of Fish, Wildlife & Marine Resources, New York State Department of Environmental Conservation, Wildlife Resources Center, 108 Game Farm Road, Delmar, NY 12054


Pursuant to the provisions of the State Administrative Procedure Act (SAPA), the Department of Environmental Conservation hereby gives notice of the Amendment of Part 40 of Title 6 NYCRR. Subject of the rule is management of the harvest of bluefish, American and Hickory shad, summer flounder, scup and American eel. Purpose of the rule is to adopt regulations to manage bluefish, American and Hickory shad, summer flounder, scup and American eel harvests consistent with the intent of the Atlantic States Marine Fisheries Commission's fishery management plans for these species.

Contact: Alice Weber, New York State Department of Environmental Conservation, 205-S North Bellemeade Road, East Setauket, NY 11733


Pursuant to the provisions of the State Administrative Procedure Act (SAPA), the Department of Environmental Conservation hereby gives notice of the Amendment of Section 6.1 of Title 6 NYCRR. Subject of the rule is managed harvest of fur-bearing animals. Purpose of the rule is to establish beaver and otter trapping seasons for the 2000-2001 license year.

Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Wildlife Resources Center, 108 Game Farm road, Delmar, NY 12054


Pursuant to the provisions of the State Administrative Procedure Act (SAPA), the Department of Environmental Conservation hereby gives notice of the Amendment of existing Title 6 NYCRR, Part 10, Sections 10.1 "Sportfishing regulations"; 10.2 "Boundary water fishing regulations"; 10.3 "Additional special fishing regulations for certain inland waters"; 10.6 "Prohibiting use of bait fish in specially designated lakes and ponds and their tributaries." Part 35, Section 35.2 "Taking bait fish with nets and traps for commercial purposes"; Part 36, Section 36.2 "Commercial fishing in Lake Erie and Lake Ontario"; and Part 110 "Fishing on Beardsley Pond and Beardsley Hydroelectric Development on East Canada Creek."

Contact: Robert E. Brandt, New York State Department of Environmental Conservation, Bureau of Fisheries, 50 Wolf Road, Albany, NY 12233-4753


Public Notice

Environmental Facilities Corporation
Notice of Draft Description of Eligible Project Categories
Financial Assistance to Business
Water Program

I. BACKGROUND, SCOPE AND APPLICABILITY

The Environmental Facilities Corporation (EFC), through its Financial Assistance to Business (FAB) Water Program, proposes to provide funding ; 1) to businesses and to water suppliers on behalf of businesses for all projects that will create, improve or extend water supply facilities that are designed to comply with applicable federal laws and state drinking water supply requirements; and 2) to businesses and municipalities on behalf of business for projects that will create, improve or extend wastewater treatment facilities that are designed to comply with applicable federal and state water quality requirements. This funding will be made pursuant to the newly created Water Program within the existing Financial Assistance to Business (FAB) Program that was created by the Clean Water/Clean Air Bond Act of 1996, and implementing regulations (21 NYCRR Part 2606). All eligible projects must demonstrate an environmental or public health benefit.

The FAB Water Program is intended to help businesses and water suppliers on behalf of businesses, increase the availability and improve the quality of water supplies and to help businesses and municipalities on behalf of business increase the availability and improve the quality of wastewater treatment facilities.

Assistance from the FAB Water Program will be available only to projects that are located in villages, towns, and cities with a population of less than one million people.

II. PURPOSE OF THIS NOTICE

As required by Part 2606, this notice describes eligibility requirements for the FAB Water Program, the amount of funding available, the time period during which EFC will accept applications for funding, and certain other eligibility criteria.

III. DEFINITIONS

Unless defined herein, terms used in this notice shall have the meanings set forth in Section 56-0101 of the environmental conservation law, or 21 NYCRR Part 2606. Terms used in this notice have the following meanings:

“Water supply project” means the planning, design, construction, improvement, or acquisition of facilities, equipment, sites, or buildings for the supply, control, treatment, distribution, and transport of water supplies to ensure the integrity and quality of such water including compliance with the federal Safe Drinking Water Act and other applicable federal and State drinking water supply standards.

“Wastewater Treatment Facility” means the planning, design, construction, improvement, or acquisition of facilities, equipment, sites, or buildings needed to reduce or prevent water pollution including compliance with the federal Clean Water Act and other applicable federal and State water quality standards.

IV. DESCRIPTION OF ELIGIBLE PROJECTS

Projects eligible for funding under the FAB Water Program must demonstrate an environmental or public health benefit, and may include investments to construct, upgrade, improve or replace infrastructure which will provide to businesses: 1) water supplies which meet the requirements of the federal Safe Drinking Water Act and other applicable federal and State water supply requirements; or, 2) wastewater treatment facilities which meet the requirements of applicable federal and State water quality requirements. Some other examples include:

Water Supply Projects

Wastewater Treatment Projects

V. PROJECT SELECTION

All complete applications will be evaluated based upon characteristics of each proposed project. This evaluation will be based upon factors including, but not limited to:

Once a decision to fund a project is made, EFC will notify successful project owners, and execute a contract describing the rights and responsibilities of the parties. , EFC will then begin processing the State Assistance Payments. No funds will be disbursed until all necessary permits and approvals for the project (including, DOH approval to create, construct or modify a public water system, any SEQRA requirements, and, if necessary, a DEC water supply permit) have been received.

VI. PROJECT COMPLETION DATE

All projects for which FAB Water money is awarded must be completed within three (3) years of the signing of a contract between EFC and the project owner.

VII. AMOUNT OF FUNDING

EFC will make State Assistance Payments for not more than 75% of the cost of an eligible project on a reimbursement basis. EFC may award less than 75% of the cost of a project based upon a determination that the amount of the award will allow the project to proceed, given other sources of funding.

VIII. APPLICATION SCHEDULE

EFC will accept applications for State Assistance Payments under the FAB Water Program through December 31, 2000. Applications are available at the address listed below or on EFC’s website, www.nysefc.org.

IX. ADDITIONAL REQUIREMENTS

(1) Project Limitations.

All recipients must pledge not to remove from the State any assets purchased with funds received from the FAB Water Program.

(2) Application Procedure

The procedures for administering the FAB Water Program, including the submission, review and approval of requests for State Assistance, will be governed by 21N.Y.C.R.R. Part 2606.

X. INFORMATION AVAILABILITY

Any person seeking additional information or application material should contact EFC at:

New York State Environmental Facilities Corporation
Financial Assistance to Business Program
Attention: Laurie A. Allen, Program Manager
50 Wolf Road
Albany, New York 12205-2603
Telephone (800) 200-2200
Fax (518) 485-8773
">www.nysefc.org/home/index.asp?page=159


Notice of Final Guidance for Assessing and Mitigating Noise Impacts

The New York State Department of Environmental Conservation (NYSDEC) has finalized a Program Policy Memorandum (PPM) providing guidance for assessing and mitigating noise impacts. The guidance is to be used by Department staff reviewing actions under various Department permitting authorities and under the State Environmental Quality Review Act. These methods can also serve as a reference to applicants preparing environmental assessments in support of an application for a permit.

The guidance establishes a consistent and effective Department approach to noise impact assessment. As guidance, the procedures outlined are flexible and allow the Department to consider various environmental settings in which a permitted activity might be located.

This guidance does not supercede any existing regulations, statutes or local ordinances that address noise impacts nor does the guidance establish any standards.

Copies of this PPM may be obtained by contacting the person indicated below, or through our website at www.dec.state.ny.us/website/dcs/policy/index.html

Contact: Charles B. Gardner, New York State Department of Environmental Conservation, Division of Environmental Permits, Room 538, 50 Wolf Road, Albany, NY 12233-1750, Telephone (518) 457-7723, E-mail cbgardne@gw.dec.state.ny.us