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Public Notice


Pursuant to Title 3, Article 49 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives public notice of the following:

Notice is hereby given, pursuant to Section 49-0305(9) of the Environmental Conservation Law, of the Department's intent to acquire a Conservation Easement from the City of New York, over certain lands located in the following counties: Dutchess, Putnam, Westchester, Greene, Delaware, Ulster, Schoharie and Sullivan, New York. These conservation easements are to be acquired, in accordance with the New York City Watershed Memorandum of Agreement dated January 21, 1997, over lands acquired in fee by the City of New York between January 21, 1997 and December 31, 2003.

For further Information contact:
James Jensen, Superintendent
Bureau of Real Property
NYS Dept. of Environmental Conservation
625 Broadway, 5th Floor
Albany, New York 12233-4256
(518) 402-9442

Notice: Management of Double-crested Cormorants to Protect Public Resources in New York, With Statement of Findings

DECís Division of Fish, Wildlife and Marine Resources (DFWMR), in cooperation with the U.S. Department of Agricultureís (USDA) Wildlife Services, plans to carry out integrated double-crested cormorant (Phalacrocorax auritis) management programs to alleviate and prevent conflicts with public resources at specific problem areas in New York. Cormorant populations have increased in abundance to the point where they are impacting economically important recreational fisheries and other colonial-nesting waterbird species in some areas of New York. Population control efforts, including egg-oiling, nest destruction, hazing, habitat modification, exclusion techniques, and limited lethal removal of birds during the past 10 years have helped reduce these conflicts, but further action is needed. DFWMR plans to expand cormorant management to all major colonies in four areas of New York (eastern Lake Ontario, Oneida Lake, Buffalo Harbor/Niagara River, and Lake Champlain), beginning in spring 2004. Actions will include more extensive egg-oiling and nest destruction, non-lethal deterrents to nesting, spring and fall hazing on Oneida Lake and other nearby lakes, and limited lethal take of up to 600 birds statewide to complement and increase effectiveness of other measures. For the most part, this will be a continuation of measures used in the past, except that DFWMR plans to increase use of lethal control measures (such as shooting or live-trapping and euthanizing birds) in specific situations.

DFWMR has reviewed the relevant potential impacts of its proposed programs and concluded that they are within the scope of a Final Environmental Impact Statement (FEIS) addressing a range of options for managing conflicts between cormorants and other resources. The FEIS was prepared by the U.S. Department of Interior Fish and Wildlife Service (USFWS) in 2003 in accordance with the National Environmental Policy Act. Therefore, DFWMR has prepared a Statement of Findings in support of its proposed actions, and in accordance with State Environmental Quality Review (SEQR) regulations (6 NYCRR Part 617, ß 617.15), based on the federal FEIS.

The Statement of Findings is now available for public inspection. Questions or requests for copies should be sent to: Bryan Swift, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754; 518-402-8924; e-mail: fwwildlf@gw.dec.state.ny.us. (Mention "cormorant" in the subject line.) The Findings are also posted on DECís cormorant management web page at: http://www.dec.state.ny.us/website/dfwmr/cormorant/index.html.

Proposed Designation of Bird Conservation Areas

The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) is proposing designation of two new Bird Conservation Areas (BCAs) in accordance with Article 11 of the Environmental Conservation Law (ECL ß 11-0539 , 11-2001 and 11-2003). The BCA program provides a comprehensive, ecosystem approach to conserving birds and their habitats on state-owned lands and waters. It also provides for education and research opportunities related to birds and their habitats. Designation of a BCA will not affect existing recreational activities.

Legislative amendments to the BCA law enacted in summer 2002 require public notice of any proposed designations with a 30-day public comment period following publication of the notice. At this time, OPRHP proposes designation of portions of: 1) Crown Point State Historic Site in Essex County; and 2) Joseph Davis State Park in Niagara County as new Bird Conservation Areas. OPRHP and DEC have designated twenty-seven BCAs since the law was enacted in 1997.

The Crown Point BCA is approximately 234 acres and meets three of the criteria for designation in the BCA law. It is a migratory concentration site; a diverse species concentration site; and a bird research site. Over 180 species have been observed at Crown Point including 47 species of Neotropical migratory songbirds. High Peaks Audubon has been banding birds at the site for 27 years.

The Joseph Davis BCA is approximately 230 acres and meets three of the criteria for designation in the BCA law. It is a migratory concentration site; a diverse species concentration site; and a species at risk site. About two-thirds of the BCA is successional shrubland; species dependent on this habitat have shown dramatic declines in NYS. The upland forest along the Niagara River is important to migratory songbirds that use the river as a migration corridor during spring and fall.

OPRHP will accept comments on the proposed BCAs during a 30-day public comment period, which ends April 23, 2004. Comments or questions should be addressed to Thomas B. Lyons, Environmental Management Bureau, OPRHP, Agency Building #1, Albany, NY 12238, phone (518) 474-0409; fax: (518) 474-7013; e-mail: thomas.lyons@oprhp.state.ny.us. Additional information on the BCA program and other sites that have been designated can be found on the BCA website at http://www.dec.state.ny.us/website/dfwmr/wildlife/bca/index.html.

Notice Of Extension Of The Public Comment Period And An Additional Public Hearing


The New York State Department of Environmental Conservation (Department) has prepared a draft Hazardous Waste Facility Siting Plan, pursuant to Chapter 618 of the New York Laws of 1987 and Environmental Conservation Law (ECL) 27-1102.

The Siting Plan is to be used as guidance by any hazardous waste facility siting board reviewing proposals for siting certain new or expanded hazardous waste management facilities within New York State and for Department and other State government agencies to use to assure the availability of sufficient hazardous waste facility capacity.

Due to cancellation of the March 16, 2004 hearing due to weather, an additional legislative public hearing to receive comments from the public on the draft Siting Plan and the draft generic EIS will be held at:

Lewiston-Porter Senior High School Auditorium 4061 Creek Road Youngstown, NY 14174 (716) 754-8281 Thursday, May 6, 2004 6:00 p.m.

The hearing location is reasonably accessible to the mobility-impaired. Interpreter services can be made available to the hearing-impaired at no charge, upon request to the Department within a reasonable time period prior to the hearings.

All persons, organizations, corporations or government agencies, etc., which may be affected by the proposed Siting Plan are invited to attend the hearing and to submit either written or oral statements. The hearing session will continue until all persons wishing to make statements have been heard. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Lengthy statements should be submitted in writing and summarized for oral presentation. Written statements received prior to the close of the public comment period and oral statements made at each hearing session will be given equal weight.

In addition, the public comment period has been extended to May 19, 2004. Written statements must be received by close of business, May 19, 2004, addressed to Mr. Glenn Milstrey, New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7251, faxed to: (518) 402-9024, or e-mailed to HWSiting@gw.dec.state.ny.us.

The draft Siting Plan and the draft generic EIS can be found on the Departmentís website at www.dec.state.ny.us/website/dshm/index.html under the Division of Solid & Hazardous Materialsí "Whatís New" section. A hard copy is also available for review at each of the nine Department Regional Offices. To obtain additional information, please contact Glenn Milstrey, at 518-402-8612, or Deborah Aldrich, at 518-402-8730.