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Notice of Proposed Rule Making 6 NYCRR Subpart 43-2

Pursuant to the Environmental Conservation Law, Sections 13-0308 and 13-0309. The Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rule Making of Subpart 43-2 of Title 6 NYCRR relating to surfclams. This notice will be published in issue 18 of the State Register, dated 5/04/2005.

For further information contact:
Maureen Davidson
Division of Fish, Wildlife and Marine Resources
205 N. Belle Meade Rd., Suite 1
East Setauket, NY 11733
Telephone: (631) 444-0496
E-mail: mcdavids@gw.dec.state.ny.us

Public Notice


Hudson River Estuary Grants Under the NYS Environmental Protection Fund

Applications will be accepted through June 30, 2005 for grant funding under the Hudson River Estuary Grant program. Anticipated grant funds from the NYS Environmental Protection Fund for State Fiscal Year (SFY) 2005-06, is approximately $1 million. This is a competitive grant program and projects must implement commitments identified in Governor George E. Pataki’s Hudson River Estuary Action Plan. Projects must help achieve or support the goals of the Estuary Action Plan in one of the following five categories: Community Interpretive Centers and Education; Open Space, Planning, Inventory and Acquisition; Community-based Habitat Conservation and Stewardship, Watershed Planning and Implementation; and Hudson River Access: Boating, Fishing, Swimming. Projects eligible for state assistance must be located within the geographic boundaries of the Hudson River estuary and associated shore lands. State assistance may fund up to 75 percent of approved eligible project-related costs. The matching share to be provided by the recipient is 25 percent.

Applications are available on-line and can be downloaded and filled in at: www.dec.state.ny.us/website/hudson/hrep.html or for a copy of the application you may contact: NYS Department of Environmental Conservation, 21 S. Putt Corners Road, New Paltz, NY at (845) 256-3016.

Negative Declaration

New York City County - The NYCDEP, as lead agency, has determined that the proposed 26th Ward Water Pollution Control Plant, Stabilization Program Contract 12 G, H and E will not have a significant adverse environmental impact. The proposed project is intended to modernize and upgrade several components of the 26th Ward WPCP. The proposed action consists of the repair and replacement of existing equipment and elements of plant processes as well as the construction of four replacement facilities. These actions are expected to improve and increase the reliability of the 26th Ward WPCP.

The proposed project would neither change the capacity of the WPCP nor involve a change in a treatment process that would lead to a change in effluent quality or air emissions. The project is located in the 26th Ward Water Pollution Control Plant 122-66 Flatlands Avenue, New York, NY.

Contact: Crystal Johnson, NYCDEP, 59-17 Junction Boulevard, Flushing, New York 11373, phone: (718) 595-4364, fax: (718) 595-4479, E-mail: cjohnson@dep.nyc.gov.

Positive Declaration And Public Scoping

New York City County - The New York City Police Department, as lead agency, has determined that the proposed One Police Plaza Security Plan may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. Following the events of September 11, 2001, the New York City Police Department (NYPD) and the United States Marshals Service (USMS) established security measures in order to protect City, State, and Federal facilities in the “civic center” portion of lower Manhattan which were, and continue to be, considered potential targets. Security measures implemented by the NYPD included the installation of attended security checkpoint booths, planters, bollards and hydraulic-operated delta barriers to restrict the access of unauthorized vehicles from the roadways situated adjacent to the civic facilities located near NYPD headquarters at One Police Plaza. As a result of a court order issued on October 15, 2004 by New York State Supreme Court Justice Walter B. Tolub, the New York City Police Department (NYPD) has agreed to prepare an Environmental Impact Statement (EIS) for the above mentioned security plan.

The NYPD prepared an Environmental Assessment Statement (EAS) for the above mentioned security plan in January 2004 pursuant to an order issued on August 1, 2003 by New York State Supreme Court Justice Walter B. Tolub in the matter of Chatham Green, Inc. et al. v. Bloomberg et al. (Index No. 107569/03). NYPD issued a Negative Declaration, which was subsequently challenged in a second lawsuit, Chatham Towers, Inc. et al. v. Bloomberg et al. (Index No. 107761/04). In an opinion dated October 15, 2004, Justice Tolub found that the EAS did not take a “hard look” as required by law, specifically for the technical areas, including Community Facilities and Services, Socioeconomic Conditions, Neighborhood Character, Traffic and Parking, and Transit and Pedestrians.

In light of Justice Tolub’s October 15, 2004 determination that an Environmental Impact Statement (EIS) was appropriate, the NYPD has agreed to prepare an EIS in accordance with Article 8 of the New York State Environmental Conservation Law, 6 NYCRR Part 617, the regulations promulgated pursuant thereto, Executive Order 91 of 1977, as amended, and the Rules of Procedure for City Environmental Quality Review, found at Title 62, Chapter 5 of the Rules of the City of New York (CEQR). A public scoping session will be held on Tuesday, May 24, 2005 from 4:00 p.m. to 8:00 p.m. at 125 Worth Street, New York, NY. A photo I.D. is required to enter the building. Written comments on the scope will be accepted by the lead agency through the tenth day following the scoping meeting (June 3, 2005).

Contact: Anthony Tria, New York Police Department, 620 Circle Drive, Fort Totten, NY 11359, phone: (718) 281-1254, fax: (718) 281-1593, Email:atria@nypd.org.